Understanding Wrongful Death In California: A Step-By-Step Filing Guide

In this article, you can discover…

• Who can file a wrongful death suit in California.
• The documents you’ll need to support your loved one’s case.
• What to expect if your wrong death case goes to trial.

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

The laws surrounding who can file a wrongful death claim are similar to laws for inheritance. Spouses (or domestic partners), children, and grandchildren of the deceased may file a claim first. If there are no surviving children or grandchildren, then the rules of inheritance determine who could file a claim, and that may be parents, siblings, or anyone else who can be considered next of kin, even if a surviving spouse exists.

Something to be aware of which catches many people by surprise; if you have a long-term partner whom you have lived with for years, without a marriage or domestic partnership certificate, you can not file a wrongful death claim on their behalf. Your relationship must be legally registered for you to be able to seek damages. However, in certain circumstances, people dependent on the decedent could file claims, such as a “putative spouse” (partners who genuinely believed they were legally married), stepchildren, parents, minors in the household, etc., even if other claimants survive. 

Because this is a complicated situation, we recommend you contact an attorney to determine whether you have the right to file a claim.

What Documents Are Needed To Start A Wrongful Death Lawsuit In California?

The key documents to have with you include a death certificate and a marriage or domestic partnership certificate.

As your case progresses, your attorney will seek photos and other evidence of your relationship to that person. This can be extremely helpful in proving to a jury the importance of your relationship and the closeness that you shared. 

What Does The Process Of Filing A Wrongful Death Claim Look Like?

Your attorney will file a legal complaint with causes of action. This will include a wrongful death claim and possibly a “survival action,” which seeks damages for the expenses your loved one incurred before they passed away, such as hospital bills. 

It is sometimes possible to settle a wrongful death case with an insurance company, and your attorney will advocate on your behalf for a meaningful settlement. If an appropriate settlement amount cannot be negotiated, your attorney can proceed to a trial. Most often claims settle, but a good attorney will always be prepared to go to trial. Not only will being prepared help you succeed in a trial, but an insurance company may take a settlement demand more seriously if the attorney is ready to go to trial.

What Should I Expect If My Wrongful Death Case Goes To Trial?

Be aware that the process will be extremely emotional. You will be at trial, talking to the court at length about your loved one, what they went through, and how much they meant to you. 

The defense, for their part, will try to defend the insurance company and, in the process, may try to blame your loved one for their own death or downplay your relationship with that person. 

These arguments can be difficult to hear, so it’s important to be prepared for the defense’s counterarguments and the claims they might make. Your attorney can help you navigate this process, prepare ahead of time for questioning, and discuss your concerns with you at length before and during the trial.

How Long Does A Wrongful Death Claim Typically Take To Resolve?

Some cases resolve fairly quickly, especially if the defendant has an understanding of their fault. In many cases, insurance companies will seek to prolong the process and will resist paying out appropriate damages. 

Cases can take as little as months or as long as years to resolve. How long your case takes truly depends on the details of the case, the evidence involved, and the accountability of the liable party. 

As Attorneys, How Do You Navigate Emotional Wrongful Death Cases In A Way That Protects Your Mental Health?

Simply being a human is helpful for ourselves and our clients. It’s impossible not to empathize, and this empathy helps us better understand their story, their loved one’s story, and what that person has meant to them. Honestly, very often we find ourselves crying during intake meetings, too. It’s an emotional experience, but it’s alright to be emotional. 

Finding a balance and creating boundaries between work and home life helps us stay mentally healthy and focused. This allows us to be there for clients, be supportive, be professional, and work hard for their cause without neglecting our well-being or emotional health at home. 

How We Support Clients Like You

Some clients want to be very involved in the process and request updates daily. Others find the process extremely painful to the point that they want little to no involvement and simply want to be notified if a settlement offer comes in. 

We do our absolute best to respect our client’s wishes and work with them in a way that respects their emotions and their grief. Whatever the client needs as far as involvement or distance, we can work with them. This allows us to get them the best legal results possible while enabling them to focus on their own healing and doing what is best for their emotional health. 

Still Have Questions? Ready To Get Started? For more information on Wrongful Death Claims In California, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (415) 966-4471 today.