When To File A Wrongful Death Claim In California

Losing a loved one due to someone else’s negligence can be devastating. Not only are you dealing with the emotional turmoil of losing someone dear to you, but you also have to navigate the legal procedures involved in obtaining compensation for your loss. Filing a wrongful death claim can be a long, complex process involving legal jargon and strict deadlines. In this article, we’ll discuss when to file a wrongful death claim in California and the steps involved in doing so.

What Is A Wrongful Death Claim?

A wrongful death claim is a civil lawsuit filed by the family or heirs of a deceased person who has died due to someone else’s negligent, reckless, or deliberate actions. In California, a wrongful death claim can only be filed if the accident that resulted in the death was caused by someone else’s negligence or intentional harm. Examples of situations that could result in a wrongful death claim include car accidents, medical malpractice, defective products, workplace accidents, and criminal acts.

Who Can File A Wrongful Death Claim In California?

In California, a wrongful death claim can be filed by the deceased person’s surviving spouse, children, or domestic partner. If the deceased person had no surviving spouse, children, or domestic partner, then their parents or siblings can file the claim. If the deceased person has no surviving family members, the claim can be filed by the person who would be entitled to inherit the deceased person’s estate under California law.

How To File A Wrongful Death Claim In California

To file a wrongful death claim in California, you must follow certain steps. The first step is to hire a wrongful death attorney who is experienced in handling such cases. The attorney will guide you through the legal procedures involved in filing the wrongful death claim.

Step 1: Investigation

Before filing a wrongful death claim, your attorney will conduct an investigation to determine the cause of the accident that resulted in the death. The investigation may involve gathering evidence, interviewing witnesses, and consulting with experts such as accident reconstructionists and medical professionals.

Step 2: Sending A Notice Of Claim

Once the investigation is complete, your attorney will send a notice of claim to the person or entity responsible for the accident. The notice of claim must be sent within six months of the date of the accident. Failure to send a notice of claim within the specified deadline can result in the forfeiture of your right to file a wrongful death claim.

Step 3: Filing The Wrongful Death Claim

If a settlement cannot be reached through negotiation and mediation, your attorney will file a wrongful death lawsuit on your behalf. The lawsuit must be filed within two years of the date of the accident.

Compensation In A Wrongful Death Claim

Compensation in a wrongful death claim typically includes monetary damages such as funeral and burial expenses, loss of income and earning capacity, medical bills, and loss of companionship and support.

Conclusion

Filing a wrongful death claim in California can be a daunting task, especially when you are dealing with the grief and trauma of losing a loved one. However, with the help of an experienced wrongful death attorney, you can navigate the legal procedures involved in obtaining compensation for your loss. If you have lost a loved one due to someone else’s negligence, it is important to speak with an attorney as soon as possible to ensure that your legal rights are protected and you receive the compensation you deserve.

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