The Essential Guide To Filing A Wrongful Death Claim In California
Losing a loved one is an unimaginably painful experience, especially when it results from another party’s negligence or wrongdoing. In California, the law allows certain family members or representatives to seek compensation through a wrongful death claim. In this guide, we will provide you with a comprehensive overview of the wrongful death claim process in California.
A wrongful death claim is a civil action that seeks monetary damages from the person or entity legally responsible for a death that arises from either negligent, reckless, or deliberate actions. The aim is not only to provide financial relief to the bereaved family but also to hold the responsible party accountable for their actions.
Who Can File A Wrongful Death Claim?
California law specifies who may file a wrongful death lawsuit. The eligible persons typically include the deceased person’s surviving spouse, domestic partner, children, and dependents. If there are no direct survivors, other family members, such as parents or siblings, may be able to file the claim.
It is crucial to be aware of the statute of limitations for wrongful death claims in California. Generally, the claim must be filed within two years from the date of the person’s death. Failing to adhere to this deadline can result in the permanent loss of the right to seek compensation.
Damages In A Wrongful Death Claim
The damages in a wrongful death lawsuit can be extensive, reflecting the profound impact of the loss. They generally include:
- Economic Damages – These cover the financial contributions the deceased would have made to the family throughout their expected lifetime. This can include loss of earnings, benefits, and funeral and burial expenses.
- Non-Economic Damages – These are intended to compensate for intangible losses, such as the loss of love, companionship, comfort, care, assistance, protection, affection, society, and moral support.
The Steps to Filing a Wrongful Death Claim
Filing a wrongful death claim in California involves several critical steps that require strategic planning and detailed legal knowledge. From initial consultations with a skilled attorney to potentially appearing in court, each phase is crucial in building a compelling case and securing justice for your family. The following are the important procedural steps to help ensure that you are adequately compensated for your profound loss.
Step 1. Consult with a Qualified Attorney – The first step in pursuing a wrongful death claim is to consult with an experienced wrongful death attorney who can evaluate the specifics of your case and guide you through the legal process.
Step 2. Investigation and Evidence Collection – Your attorney will gather evidence related to the wrongful death, including medical records, accident reports, and witness statements. This phase is crucial for building a strong case.
Step 3. Filing the Lawsuit – Once sufficient evidence is collected, your attorney will file a wrongful death lawsuit on behalf of the deceased’s estate or surviving family members.
Step 4. Discovery Phase – During discovery, both sides exchange information and gather more detailed evidence. This may involve depositions, requests for documents, and interrogatories.
Step 5. Settlement Negotiations – Many wrongful death cases are settled out of court. Your attorney will negotiate with the defendant’s insurance company or attorney to reach a settlement that adequately compensates for the losses.
Step 6. Trial – If a settlement cannot be reached, the case may go to trial, where a jury will determine the outcome of the claim.
The process of filing a wrongful death claim in California is complex and emotionally challenging. It demands a thorough understanding of the legal intricacies and a compassionate approach to dealing with the sensitive nature of wrongful death.
Contact Our Oakland Wrongful Death Lawyers For Exceptional Legal Help
If you are dealing with the loss of a loved one due to someone else’s negligence, you do not have to navigate this difficult time alone. Bracamontes & Vlasak, a team of dedicated Oakland wrongful death lawyers, is here to provide you with the support and legal experience you need.
Contact our Oakland wrongful death lawyers at Bracamontes & Vlasak by calling 415-835-6777 to receive your free consultation. We are committed to helping you achieve justice for your loved one and ensure your family receives the compensation you deserve.
