Losing a loved one is one of life’s most traumatic experiences. When their death is caused by someone else’s negligence or wrongful actions, the grief can feel unbearable.
While no lawsuit can ever replace the person you lost, filing a wrongful death claim can help provide financial security, accountability, and a sense of justice for your family.
If you’re wondering how to file a wrongful death lawsuit, you’re not alone. Many people feel overwhelmed by the process, unsure where to start, and worried about navigating the legal system during such a difficult time.
This post will walk you through the steps in a wrongful death lawsuit to help you understand your rights and the path forward.
For a free consultation, please call (209) 600-4389 or send us an online message today.
What Is a Wrongful Death Lawsuit?
A wrongful death lawsuit is a legal action brought by the surviving family members of someone whose death was caused by negligence, recklessness, or intentional harm.
In California, wrongful death claims are governed by state law and allow eligible survivors to recover compensation for their losses, including:
- Gastos de funeral y entierro;
- Loss of financial support; and
- Loss of companionship, love, and guidance.
Examples of incidents that may lead to a wrongful death lawsuit include car accidents, medical malpractice, defective products, workplace accidents, and criminal acts.
Survival Actions in California
In addition to wrongful death claims, California law allows for survival actions, which enable the deceased’s personal representative or successor in interest to seek damages the decedent could have pursued had they lived.
Thanks to Senate Bill 447, a temporary provision (effective for actions filed between January 1, 2022, and January 1, 2026) permits recovery of damages for the decedent’s pain, suffering, and disfigurement. This change provides families with a broader scope of compensation for the harm their loved ones endured before passing.
¿Quién puede presentar una demanda por homicidio culposo en California?
California law specifies who is eligible to file a wrongful death claim.
Typically, this includes:
- The decedent’s spouse or domestic partner;
- The decedent’s children; or
- Anyone entitled to the decedent’s estate, such as parents or siblings, if there are no surviving children.
If you’re unsure about your eligibility, consulting an experienced California wrongful death attorney can provide clarity.
How to File a Wrongful Death Lawsuit
Filing a wrongful death lawsuit involves several key steps. While the process can feel daunting, having a knowledgeable attorney by your side can make all the difference.
Consult with a California Wrongful Death Attorney
The first step in filing a wrongful death lawsuit is to consult with an experienced attorney. During this initial meeting, your attorney will review the details of your case, explain your legal rights, and outline a preliminary assessment of potential outcomes.
Your attorney will also assess the strength of your claim by gathering information about the following:
- Circumstances surrounding your loved one’s death,
- Responsible party’s negligence or wrongful actions, and
- Damages you and your family have suffered.
Your consultation is also the best time to ask any questions you have about the process.
Investigate Liability
Proving fault is a cornerstone of any wrongful death claim. In California, you must show that the defendant’s negligence, recklessness, or intentional misconduct directly caused your loved one’s death.
Your attorney will gather evidence to demonstrate the following:
- The defendant owed your loved one a duty of care,
- The defendant breached that duty through their actions or inactions, and
- The breach of duty caused your loved one’s death.
Your attorney will also gather evidence that shows your financial losses due to the wrongful actions that resulted in your family member’s untimely death.
File the Wrongful Death Claim
Your attorney will file a wrongful death claim with the at-fault party’s insurance company and file a lawsuit with the court. This legal document outlines your allegations, the damages you’re seeking, and the evidence supporting your case.
Filing a wrongful death lawsuit in California must be done within the statute of limitations, which is generally two years from the date of death. Missing this deadline can result in permanently losing your right to compensation.
Negotiate with Insurance Companies
In many cases, the defendant’s insurance company is involved in the settlement process. Often, insurance adjusters use unethical tactics on unsuspecting claimants to get them to accept a lowball offer and save the insurer money. Adjusters know that attorneys will not fall for such tactics. Therefore, our attorney will handle all communications with adjusters and the opposing party’s lawyers.
Your attorney will prepare your case for trial if a fair settlement cannot be reached. While most wrongful death claims are resolved through settlements, having a skilled trial attorney is crucial. It is helpful both as leverage and to prepare for the possibility that your case might end up in trial.
Filing a Wrongful Death Lawsuit? Contact Silva Injury Law
Losing a loved one is never easy, but you don’t have to face the legal process alone. If you’re wondering how to file a wrongful death claim, the team at Silva Injury Law is here to help. Our attorneys have decades of combined experience pursuing wrongful death claims in California.
We’ll walk you through every step, from investigating the incident to pursuing compensation, so you can focus on healing.
Contact us online or call (209) 600-4389 today for a free consultation, and let us fight for the justice your family deserves.