California does not allow for filing multiple wrongful death claims in a single lawsuit. Personal injury cases involving the death of a loved one can be complex. Definitive evidence is needed for a wrongful death attorney to prove another party’s negligence or intent to harm and show how it impacts surviving family members. Witness statements, expert analyses, and accident reconstruction can help build a case, but even with the most compelling evidence, a lawsuit can cover only one wrongful death claim.
What Is California’s One Action Rule?
Also known as the one recovery rule, the one action rule limits a plaintiff’s ability to file wrongful death claims against the defendant. No matter how many parties are involved, only one lawsuit can be filed to seek financial compensation for the deceased victim. If multiple individuals are seeking compensation, they must file one collective claim.
The reason this rule exists is one wrongful death can affect many people (including multiple dependents of the deceased victim), meaning too many plaintiffs may be involved to take on just one at-fault party. A spouse, child, parent, and sibling cannot file separate actions against one person.
Therefore, all known heirs must join together, file one claim, and determine how to divide the damages in a settlement. If there’s a dispute, a court can intervene and decide how the settlement should be distributed.
How Can the One Action Rule Affect My Personal Injury Case?
The one-action rule requires all claims for damages to be consolidated into a single wrongful death lawsuit. This unifies all relevant claims. Multiple parties seeking compensation must file a lawsuit together, instead of filing separate legal actions.
Other ways California’s wrongful death law can affect your case and its benefits include:
- The Final Decision Is Binding: All parties in a lawsuit are bound to any judgment made or settlement reached. The claim is then resolved and no further lawsuits or legal actions about the incident can be pursued. This finalizes the proceedings and prevents subsequent litigation, bringing closure to those involved in the lawsuit.
- Damages Are Allocated Among the Claimants: The allocation of damages is determined by the court or the parties involved in the suit. First, the relationship of the claimants to the deceased victim must be identified. Their financial dependency, emotional suffering, or loss of companionship play a role in how damages are apportioned. Consolidating all claims into one legal action also helps make settlement negotiations less complex.
- The Legal Process Is More Consistent and Predictable: Providing a framework for addressing claims, the one-action rule helps resolve wrongful death lawsuits more consistently and predictably. The potential for conflicting judgments is reduced. Otherwise, an inconsistent outcome or other issue can complicate the process, making it more difficult to seek compensation. The one-action rule provides all parties involved with a clearer process to get compensated for damages.
- A More Efficient Legal Process: By consolidating all claims into one lawsuit, the one-action rule makes the legal process more efficient. Multiple wrongful death lawsuits against the same defendant would make it more complex and time-consuming. This would also require more resources. Having a single legal action conserves time and limited resources and reduces the financial burden on the courts.
What If Multiple Victims Are Lost In an Accident?
A serious accident can result in the death of multiple family members. To obtain a settlement for each death, a separate wrongful death claim must be filed for each victim. Therefore, each claim is resolved by a different lawsuit. However, a personal injury attorney can help file multiple claims and hold the at-fault parties accountable. Each lawsuit must be filed within California’s statute of limitations, which is two years from the date of the victim’s death.
Does the One Action Rule Always Apply?
The person who files the lawsuit is responsible for including all potential heirs. Anyone they don’t include may have the right to pursue compensation from the plaintiff on their own. This right excludes the estate’s representative; they’re already authorized to pursue the claim on behalf of other family members.
In a survival action, the deceased’s estate can sue for losses the victim sustained before they died. It involves only the estate or decedent’s representative. Since multiple plaintiffs aren’t involved and other family members wouldn’t bring lawsuits themselves in a survival action, the one-action rule doesn’t apply here.
Who Is Eligible to File a Wrongful Death Lawsuit?
In California, one lawsuit can involve only one wrongful death claim. However, that doesn’t limit who can file a claim if they were financially dependent on the victim at the time of their death. Those who can be included in a claim include:
- Surviving spouses or domestic partners
- Surviving children
- Grandchildren (if the victim’s child is deceased)
- The decedent’s parents or siblings
- A legal guardian (if the victim’s parents are deceased)
- Putative spouses (in good faith, thought they were married to the victim)
- A putative spouse’s children
- Stepchildren
What Types of Compensation Can Be Recovered In a Wrongful Death Lawsuit?
Even though you can’t file multiple wrongful death claims in a lawsuit in California, there is a wide range of losses you can be compensated for. The damages you can recover depend on the financial support you need. They differ from a survivor’s compensation for accident-related expenses in a typical personal injury claim. But surviving family members can recover:
- Funeral and burial costs
- Ambulance and other emergency response fees
- Hospital and other medical bills charged before the victim’s death
- Financial support the decedent provided through employment
- Financial losses of household services provided by the victim
- Anticipated future financial losses
- Lost care, counsel, and emotional guidance
- Mental anguish
- Loss of companionship, love, and affection
Do You Have a Wrongful Death Case? Call Jacob Today
At The Law Offices of Jacob Emrani, we handle all types of wrongful death cases. Whether a victim’s cause of death was an intentional act, negligence, or malpractice, we’ll help prove an at-fault person or entity had a legal duty to protect them. Our team also helps obtain maximum financial compensation for surviving family members’ losses.
When a loved one is lost in an accident, you need an experienced wrongful death attorney. Each case has unique circumstances. Our team can evaluate the facts and ensure all negligent parties and wrongdoers are held accountable and liable to pay damages. Call (888) 952-2952 to schedule a free consultation.