Maison Law can help you and your family with a wrongful death claim after a fatal accident in California. There’s a lot of questions that come with a fatal accident, and it’s even harder if the person that caused your accident has since been deported. And while it’s something no family wants to go through, there’s still options available that our team can help you with. Set up a free consultation today.
Can I File a Wrongful Death Claim If the At-Fault Person Was Deported?
Losing someone in a preventable accident is devastating. When the person responsible is no longer in the country—or has already been deported—it can feel like there’s nowhere to turn. But that doesn’t mean you’re out of options.
If your loved one was killed in California because of someone else’s negligence, you can still file a wrongful death claim—even if that person has been deported. What matters legally is pretty simple:
- What happened, and who was at fault?
It’s all about looking at what caused the accident, and whose actions caused it. Every situation is different, but generally, liability can fall on:
- Drivers who caused an accident because they were distracted, reckless, or under the influence
- Property owners who failed to fix unsafe conditions
- People involved in criminal activity that led to someone’s death
In many of these situations, insurance is the first line of recovery—whether that’s auto insurance, homeowner’s coverage, a business policy, or medical malpractice insurance. Even if the person who caused the death has been deported, their insurance policy might still apply. And if insurance doesn’t cover the full loss, the next step could involve a lawsuit.
How is a Wrongful Death Lawsuit Different Than a Normal Lawsuit?
Losing someone you love in an accident is incredibly difficult, but at some point, the reality sets in and you and your family will need to start taking steps to move forward. A great way to do that is filing a wrongful death lawsuit against the person responsible for what happened. And while the legal process is the same, it happens to look a bit different.
The first big difference is who can file. In California, the law limits this right to certain close family members:
- The surviving spouse or domestic partner
- The children of the person who passed away
If there’s no spouse or children, parents or other close relatives might be able to file. Sometimes, someone named in the will (or a personal representative of the estate) can also file.
But once you know who can file, the process goes forward just like it would with a normal claim:
- By filing a lawsuit in court.
Once the suit is filed, the other major difference with wrongful death claims kicks in: the damages you’re asking for. These claims aren’t just about medical bills—they’re about the life your loved one would’ve lived, and the emotional and financial impact of losing them. In California, this can include:
- Loss of financial support or future income
- Loss of love, companionship, and guidance
- Funeral and burial expenses
- Emotional pain and grief suffered by surviving family members
And just like any other injury case, California sets a strict deadline: most wrongful death lawsuits must be filed within two years of the date of death. If that time passes, the court may refuse to hear the case—even if it’s strong.
Should You Get a Lawyer for a Wrongful Death Claim Against Someone That’s Been Deported From California?
No one prepares for something like losing a loved one in an unexpected accident. It’s one of the hardest things a family can face, and when the person responsible has been deported or is no longer in the country, it adds another layer of confusion and stress.
While you’re not required to get a lawyer, this situation is very complex. Trying to deal with a wrongful death claim on top of dealing with grief, emotions, and trying to rebuild can be too much for most families. That’s where our team at Maison Law can step in and help by:
- Investigating what really happened
- Figuring everyone who may be legally responsible
- Gathering documents, records, and evidence
- Handling communication with insurance companies
- Filing a lawsuit if a fair settlement isn’t possible
You don’t have to take this on alone. While we can’t undo what happened, we can help you get through the legal side of things—so your family has space to focus on moving forward. Reach out today to set up a free, no-obligation consultation.
