As most people know, nothing can truly compensate for the loss of a loved one. If your loved one’s passing was due to another party’s negligence or wrongful actions, the pain may be even more difficult to bear. However, there may be avenues available to help relieve your loss’s financial and emotional impact.
By definition, a wrongful death claim is a legal action against someone liable for the death of another person. Often, wrongful death claims are based on negligence, such as motor vehicle accidents, dangerous roads, defective products, and medical malpractice. In California, several categories of people may be eligible to file a wrongful death claim, including:
- Certain immediate Family Members may include the surviving spouse, domestic partner, and deceased person’s children or grandchildren.
- Parents: If the deceased has no surviving children or spouse, their parents may file a claim.
- Stepchildren and Putative Spouses: Stepchildren who were financially dependent on the deceased and those who believed in good faith they were married to the deceased (“putative spouse”) along with their children may also have the right to file a claim.
- Personal Representative: If any immediate family members or parents do not survive the deceased, a personal representative may file a claim on behalf of the estate.
- Others: If no surviving family members such as those noted above exist, other persons entitled to file include siblings and anyone who can inherit the deceased’s property under California’s intestate succession laws.
In California, eligible parties must collectively pursue a single wrongful death claim under the “one action rule” to prevent multiple lawsuits for the same incident.
Steps Involved in Filing a Wrongful Death Claim
While hiring an experienced wrongful death attorney will optimize a loved one’s chances of the fairest outcome possible, it is possible to pursue a claim without an attorney.
If you decide to hire an attorney, please be sure to find one offering a free consultation. Our wrongful death attorneys offer free consultations so a person can ask questions and determine if it makes sense to file a claim without any expense.
Here are the critical steps involved in filing a wrongful death claim, which a skilled attorney can assist with:
- Determine Eligibility of the Claim: The first step an attorney can help you with is determining whether you are eligible to file. The guidelines for wrongful death claims vary by state, so be sure to consult with someone familiar with the laws of your state.
- Gather Documentation and Evidence: Please gather all necessary documents and evidence to support your claim. This includes medical records, police reports, video surveillance footage, and anything else that can establish the cause of death and the defendant’s liability.
- File a Complaint or Petition: A wrongful death lawsuit starts by filing a complaint or petition, which outlines the circumstances and legal grounds for your case. Your attorney can make sure you meet the statute of limitations deadlines.
- File a Summons: This step is an official legal notice they are being sued. It specifies where and when the lawsuit will be heard.
- Service of Process: All relevant documents are given to the defendant through a legal procedure known as “service of process,” which officially informs them of the lawsuit.
- Negotiate (or Proceed to Trial): After filing, negotiations, with the goal of a fair settlement offer, will ensue with the defendant and their legal representative. The case may go to trial if a settlement cannot be reached. If that happens, a judge or jury will decide the outcome.
Filing a wrongful death claim can be a complicated, highly emotional experience. Understanding the steps involved before you begin will help reduce the stress, as will having experienced legal help on your side to help ensure a successful outcome.
Proper legal support can significantly ease the process and improve the chances of a successful outcome. Our wrongful death attorneys in Stockton offer a free, no-obligation consultation, during which you can ask questions and receive the answers you need to decide.
You can call us at (209) 323-5126 to schedule your free consultation. If we accept your case, there are no fees until after a settlement is reached.
