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Who Can File A Wrongful Death Claim In California?

wrongful death

The sudden loss of a loved one is emotionally traumatic, especially if such tragedy is brought about by another person’s negligence or wrongful act. Over the years, I have had the privilege of assisting many families through the complexity of a wrongful death lawsuit as an accomplished California wrongful death attorney at Bracamontes & Vlasak and I helped them understand who lawfully is entitled to file these claims in California. It goes without saying that the waters can be difficult to navigate, and a clear understanding of one’s rights and procedures to follow is highly important.

In California, there are specific statutes by which wrongful death claims are regulated because, upon such a death caused by someone’s wrongful act, only specific people are allowed to bring a lawsuit against that person. These laws are intended to compensate the decedent survivors for losses incurred because of the untimely death of their loved ones. Compensation could range from covering funeral expenses to lost income, love, companionship, comfort, care, assistance, protection, affection, society, and moral support.

Who Is Eligible To File A Wrongful Death Lawsuit in California?

Immediate Family Members – The deceased’s immediate family members are granted the right of first action in filing a wrongful death lawsuit against the defendant. Typically, this would be due to a surviving spouse or domestic partner and children of the deceased. Where the decedent leaves no surviving offspring, this right may pass on to any surviving parents or siblings, whichever was dependent upon them at the time of death.

Financial Dependents – California law further provides that any person who can establish that they were dependent, either wholly or partially, on the decedent for support may file a wrongful death claim. This may include stepchildren, parents, and putative spouses.

Estate Representatives – Sometimes, a representative – usually an executor or administrator of the estate of the deceased – might file a claim of wrongful death on behalf of the estate to recover specific losses which directly impact the estate’s value.

The eligibility for filing such claims is defined by California law. Potential claimants will benefit from prompt legal advice to ensure their rights are protected.

How To File A Wrongful Death Claim In California

It begins with eligibility determination; a thorough investigation is conducted about the relationship between the claimant and the deceased and how the death of the latter affected the former. Once found eligible, the succeeding steps are as follows:

Accumulation of Evidence – To gather all the necessary documents required in justifying the case, such as medical reports, death certificates, and proof of liability on the part of the defendant.

Damages Calculation – Both economic and non-economic damages are calculated, everything from lost wages and funeral expenses to compensation for loss of love, companionship, comfort, care, assistance, protection, affection, society, and moral support.

Filing the Lawsuit – The claim should be filed in the appropriate court, observing the statute of limitations, which in California is normally two years from the date of death of the decedent.

Handling a wrongful death claim requires more than just legality; it demands compassion and sensitivity to help the family cope with the loss of their loved one while going through the legal system side by side.

Frequently Asked Questions About Wrongful Death Lawsuits In California

Who Are The Heirs When Someone Dies Without A Will In California?

The intestate succession laws of California would apply to determine who inherits the estate, usually a spouse, child, or some other close relative, depending on the family structure.

How Long Does A Wrongful Death Lawsuit Take In California?

The duration a case of wrongful death takes varies greatly according to the complexity of the factors of the case, clarity of facts, and scheduling of the court. While some might be settled within a few months, others take several years to conclude.

Can I File A Wrongful Death Claim If The Deceased Never Held A Job?

Yes, financial contribution is not the sole factor in wrongful death claims. Loss of companionship, love, community, and moral support are compensable losses.

Call Our California Wrongful Death Attorneys For Dedicated Legal Representation

If you have any questions about your rights and options regarding filing a wrongful death lawsuit, please do not hesitate to contact our California wrongful death attorneys at Bracamontes & Vlasak today to receive a free consultation at 415-835-6777. With compassion and dedicated support, our expert team is in your corner to help you through this tough time with the respect and diligence it will take to make sure justice is served in the untimely death of your loved one.

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