For referring counsel: Wrongful death bystander NIED product cases combine two distinct damages claims. Building each claimant’s loss separately is what produced the $58.65M Shinedling award.
Refer or co-counsel: (323) 658-8077 · [email protected]
The structure. A fatal defective-product case usually carries two damages tracks. Wrongful-death damages compensate the surviving family for the loss of their relationship with the decedent. Bystander negligent infliction of emotional distress compensates a close family member who witnessed the injury-causing event. Wrongful death bystander NIED product cases are strongest when each claimant’s loss is built and presented separately.
Wrongful death in California
Under Code of Civil Procedure 377.60, a decedent’s spouse, domestic partner, and children may recover for the loss of the decedent’s love, companionship, comfort, care, and guidance, along with financial support and services. Each heir’s loss is individual. A young child’s lifetime without a parent is valued differently from a spouse’s loss, and the presentation should reflect that.
Bystander NIED under Thing v. La Chusa
A bystander may recover for emotional distress when the plaintiff is closely related to the victim, was present at the scene and aware that the event was causing injury, and suffered serious emotional distress as a result. Thing v. La Chusa (1989) 48 Cal.3d 644 sets those boundaries. In a house-fire case, a family member who is present as the fire unfolds may hold a bystander claim in addition to the wrongful-death claim.
How the Shinedling award was built
Amy Shinedling died in the fire at age 36. Her husband Kenneth and their three daughters were the claimants. The jury’s special verdict allocated the damages by claimant rather than as a single lump sum:
| Claimant | Award |
|---|---|
| Kenneth Shinedling (husband) | $9,995,000 |
| Daughter, age 12 | $15,595,000 |
| Daughter, age 9 | $16,105,000 |
| Daughter, age 3 | $16,955,000 |
| Total verdict | $58,650,000 |
After the 20% comparative-fault apportionment, the net judgment was approximately $46,920,000. The youngest child received the largest share, consistent with the longest lifetime without a mother. The comparative-fault and Prop 51 page explains the apportionment mechanics.
Practice points
Build each claimant’s loss as its own story, supported by specific testimony about the relationship. Plead bystander NIED where the Thing elements are present, because wrongful death bystander NIED product cases reward that claimant-by-claimant discipline. And present the per-claimant allocation visually, so the jury understands that the total reflects several separate human losses rather than one round number. That discipline is how wrongful death bystander NIED product cases reach their full value.
Refer or co-counsel
The firm accepts defective-product and wrongful-death referrals across California and pays a referral fee consistent with California Rule of Professional Conduct 1.5.1, with a written fee-division agreement and the client’s written consent.
The Homampour Law Firm, PC · 15303 Ventura Blvd, Suite 1450, Sherman Oaks, CA 91436
Refer or co-counsel: (323) 658-8077 · [email protected] · homampour.com
Frequently asked questions
Who can bring a wrongful-death claim in California?
Under Code of Civil Procedure 377.60, the decedent’s spouse or domestic partner, children, and certain other dependents and heirs may recover for their individual losses, including lost love, companionship, support, and services.
What are the elements of bystander NIED?
Under Thing v. La Chusa, the plaintiff must be closely related to the victim, present at the scene and aware the event is causing injury, and suffer serious emotional distress as a result.
How was the Shinedling award divided among the family?
The jury allocated $9,995,000 to Kenneth, $15,595,000 to the 12-year-old, $16,105,000 to the 9-year-old, and $16,955,000 to the 3-year-old, totaling $58,650,000 before the 20% comparative-fault reduction.
Free download
The space-heater demonstrative kit is available as a PDF and an editable PPTX.
Past results do not guarantee similar outcomes. Every case is different, and the value of any claim depends on its specific facts. This page is attorney advertising and general information, not legal advice, and it does not create an attorney-client relationship.