After publishing an obituary for a loved one, family members should consider whether anyone’s negligence played a role in a tragic death. If so, families must file a wrongful death claim. This claim would seek support from anyone found at fault. It would ask for help with funeral costs and in replacing the income the deceased may have supported the family with.

Obituaries are usually published within a week of someone’s death, but ideally, families with a wrongful death claim should speak to a lawyer sooner. It’s a good idea to go over the family’s legal options before insurers try to offer them a quick settlement that doesn’t cover the family’s needs now or in the future.

Filing a Wrongful Death Claim After a Tragic Death in California

Families will want to post an obituary for a loved one as soon as possible. An obituary can be posted online and in a local newspaper. It’s best to get an obituary to a local paper as soon as possible. Newspapers will have printing deadlines and will have to be given time to verify information.

An obituary is an important step in informing the community of a tragic death and also getting word out about when and where a bereavement service will be held.

The posting of an obituary is critical, but the family’s wellbeing and future after a tragic death are also critical during this period. California Law allows families to file a wrongful death claim after an accident that could have been prevented.

Anyone found at fault could be held financially accountable. Individuals and businesses who contributed even partially to a deadly accident could also be forced to provide support in full or in part.

Frequently Asked Questions

Who Can File a Wrongful Death Claim in California?

A spouse, domestic partner, or the adult children of the victim usually have the first right to file a wrongful death claim and could file on behalf of the entire family. If the deceased doesn’t have a spouse or children, the parents or siblings may have to file. A California wrongful death lawyer acting on behalf of the family can also file a wrongful death case. A lawyer would fully investigate the accident to secure the evidence needed to force an at-fault party to accept responsibility.

Does my family need a wrongful death lawyer to file a claim?

No. Families can file on their own. But a wrongful death lawyer provides an important protection and benefit in many cases. Those at fault may attempt to escape blame. Their insurers may try to blame the victim for the accident, thus allowing them to reject your family’s claim for support. Your lawyer collects strong evidence to make sure the facts aren’t changed. If the at-fault party is a company or corporation, your family may also be up against teams of lawyers all working to limit what you receive. Your lawyer can take them on and often secure much more for your family than they could by handling a case themselves.

Can the family’s emotional damages be covered in a wrongful death claim?

Yes. The mental trauma of losing a loved one should be included in the damages that families must endure. The spouse, children, and other close relatives will be without the emotional support and security a loved one has provided. They’ll miss out on major life events with the deceased, such as weddings and the birth of children. A settlement or trial verdict would consider these emotional damages when determining how much money to award a family that’s been through a tragedy.

How long does my family have to file a wrongful death claim in California?

Two years. The statute of limitations stands at two years, but families shouldn’t wait years to explore their options. They should act quickly before evidence disappears and witnesses become harder to find. Filing a claim sooner rather than later also hopefully means the family receives help quicker as they face burial costs, leftover medical bills, and the loss of the victim’s income.

Contact a Wrongful Death Lawyer Serving Families in California

Wrongful death claims involving motorists, employers, and many other parties can quickly become complex matters for families. Suddenly, you are facing a loss of income and emotional support due to the loss of your loved one, and wondering where you can turn for support.

If you or someone you love has sustained fatal losses due to an accident, please do not hesitate to contact a compassionate wrongful death attorney at Maison Law today. If we can help your family earn more, we’ll tell you that. And if you need our help, your family doesn’t have to stress about how to pay a lawyer. Maison Law works on a contingency basis for families going through such a difficult time. It means we don’t get paid unless the case is won. Then our fee comes out of the wrongful death settlement an insurer must pay the family.