Who Can File a Wrongful Death Claim in California?
The surviving spouse or registered domestic partner has the primary right to file a wrongful death claim in Roseville when they lose their loved one. They are generally first in line to make this claim.
- Children or Grandchildren: If there is no surviving spouse or partner, the decedent’s children, whether biological or adopted, have the right to sue. Stepchildren who were financially dependent on the decedent may fall into this category as well. If those children have passed away, then the rights move to the grandchildren.
- Parents: If the deceased had no spouse and no children, the parents can file the wrongful death claim.
- Personal Representative: The executor or administrator of the deceased’s estate has the authority to pursue the claim on behalf of all heirs.
If none of the above parties exist, anyone who would inherit from the deceased under California’s intestate succession laws may be permitted to sue for wrongful death.
How to File a Wrongful Death Claim in California
Filing a wrongful death claim in California is governed by state rules, and certain steps must be taken to give your family the best chance at a successful case. The general process includes:
Ensure You Can Start a Claim
Confirm you have the legal right to sue, either as a surviving spouse, child, parent, dependent, or personal representative. If you try to file a wrongful death lawsuit and don’t have legal standing, it will be dismissed.
Gather Evidence
Collect as much evidence as possible about the cause of death, including accident reports, witness details, and financial documentation of your family’s losses. You want to make sure you can prove the cause of the loss as well as the damages you’ve suffered.
Determine Liability
Determine who or what is at fault – this could be an individual, a company, or multiple parties. For example, if your loved one died as a result of a car accident, the driver of the other vehicle involved is likely at fault.
Confirm Statute of Limitations
Make sure you’re within the statute of limitations. In wrongful death cases, you have to file within a certain time period if you won’t be able to move forward with your case. In California, this is generally two years from the date of your loved one’s passing.
CHAPTER 3. The Time of Commencing Actions Other Than for the Recovery of Real Property [335 – 349.4] ( Chapter 3 enacted 1872. )
335.1.
Within two years: An action for assault, battery, or injury to, or for the death of, an individual caused by the wrongful act or neglect of another.
However, some exceptions can change this deadline, so it’s always a good idea to speak with a lawyer as soon as possible after your loss.
File the Wrongful Death Lawsuit
File the wrongful death complaint with the court, explaining how the death happened, why the defendant should be held responsible, and the damages you’re seeking.
Serve the Paperwork
Serve the formal paperwork to each defendant to officially notify them of the claim against them. Your lawsuit is not official until the other party gets this notice.
Pre-trial Process
Work through the pre-trial process, including exchanging evidence, negotiating with insurance companies, and potentially settling your case out of court. If there’s no acceptable settlement, your lawyer may move forward to trial, where you and the defendant will both present your sides of the story, and a judge or jury will decide the outcome.
Before taking any of these steps, it’s also a good idea to consult with an injury lawyer in Roseville who can help you through this process. Our experienced attorneys are here for you and will help you navigate this difficult time. Call us today to schedule a free consultation.