In California, there are specific rules about who can claim damages if someone dies in a train accident. Under California Code of Civil Procedure 377.60, the surviving family members of a person killed because of the negligent or wrongful actions of another can claim damages. People who may be eligible to file a wrongful death claim include:
- Deceased’s surviving spouse and children
- Deceased’s parents, siblings, children of deceased siblings, or grandparents
- Putative spouse (a spouse who believes in good faith they were married to the deceased
- Putative spouse’s children
- Representative of the deceased’s estate
Family members who file a wrongful death claim can pursue three types of damages:
- Economic damages – Any loss that has a “price tag.” These include any costs related to medical care and funeral expenses. Medical care damages can include any expenses the deceased incurred before they died. Economic damages can also include the loss of future income the deceased might have provided the family.
- Non-economic damages – Any loss that you can’t put a price tag on. These include pain and suffering the deceased went through, as well as the pain and suffering surviving family members are going through. Non-economic damages can also include the loss of love, affection, and companionship the deceased would have provided.
- Punitive damages – Money awarded if it’s shown the person or entity responsible for the wrongful death caused the death with deliberate negligence.
