Maison Law helps families through the wrongful death case process in California. Losing a loved one is something no family wants to face, and while a wrongful death case won’t bring them back, it will help you and the rest of your surviving family move forward. Set up a free consultation today to talk over your options and how the process works.
What’s Needed for a Wrongful Death Claim?
It’s hard to think about, but losing a loved one in a fatal accident is something that happens every day in California. And what’s more, any accident can turn fatal under the right conditions or if the pieces fall a certain way. But before you get to an actual wrongful death claim, it’s helpful to try to get as much information as you can (and what’s available):
- Pictures and videos of:
- The accident scene
- Dangerous conditions or hazards
- Damaged vehicles, equipment, or property
- Road, weather, or environmental conditions
- Security camera footage if available
- Contact information for:
- Witnesses
- First responders
- Anyone who saw what happened before or after the accident
- Official reports, such as:
- Police reports
- Workplace incident reports
- OSHA investigations
- Fire department reports
- Coroner or medical examiner reports
Beyond what happens at the scene, there are several other pieces of evidence that become extremely important.
- Medical records. If your loved one received treatment before passing away, these records help establish what injuries were suffered and how they were connected to the accident.
- Death certificate and autopsy findings. These documents help establish the cause of death and are often central to a wrongful death claim.
- Your family’s timeline. As difficult as it may be, writing down everything you know while it’s fresh can be incredibly helpful. This might include:
- When and where the accident happened
- What you’ve learned from investigators
- Conversations with witnesses
- Medical treatment your loved one received
- The impact the loss has had on your family
- Financial records. Because wrongful death claims often involve lost financial support, it helps to gather documents like:
- Employment records
- Tax returns
- Pay stubs
- Benefit information
- Funeral and burial expenses
Every wrongful death case is different, so the evidence that’s most important will depend on how the fatal accident occurred. Fortunately, you don’t have to figure all of this out on your own. Our team can help identify, preserve, and gather the evidence needed to build the strongest case possible.
Establishing Liability in a Wrongful Death Claim
Before any wrongful death case can move forward, you have to show that someone else’s negligence caused your loved one’s death.
Negligence simply means that a person, company, or other group failed to use reasonable care, resulting in a fatal accident that could have been prevented. The exact circumstances vary from case to case, but wrongful death cases typically come from:
- Distracted or reckless driving
- Drunk or impaired driving
- Unsafe property conditions
- Dangerous workplaces
- Defective products
- Negligent security
- Unsafe construction practices
It’s not enough to show that someone made a mistake. You also have to prove that their actions directly caused the accident and ultimately led to your loved one’s death.
- Negligent drivers
- Property owners
- Employers
- Trucking companies
- Manufacturers of defective products
- Contractors
- Government agencies responsible for unsafe roads or public property
This obviously brings in a lot of different people and groups. And while untangling it can be difficult, it’s also the starting point for everything that comes after.
How the Wrongful Death Claims Process Works in California
Every death that happens because of someone else’s negligence is tragic. But negligence also serves as the key for starting a wrongful death claim, where you and your family can get “damages” for what you’ve lost.
The way you decide to do that is up to you. And even though it’s technically an injury claim, a wrongful death claim works a bit differently.
It starts with who can actually file it. Current California law says that wrongful death claims can only be filed by:
- A spouse or domestic partner
- Children
- People named in the will
In some cases, parents, siblings, or stepchildren (if closer family members aren’t available.) Once that’s sorted out, though, it starts to look similar to other injury claims. Wrongful death claims can start through insurance if there’s coverage, but because the stakes are higher, most families opt to go straight to a lawsuit. Here’s a look at how both processes typically work:
- Insurance claim. Many cases begin by filing a claim with the insurance company representing the person or business responsible for the fatal accident. As the claim is investigated, the insurance company will review evidence such as:
- Accident reports
- Medical records
- Death certificate
- Witness statements
- Expert opinions
- Financial records
- Documentation of your family’s losses
Once the information and evidence come together, we can take the lead in putting together a formal written demand letter to the insurance company. This letter lays out
- How the fatal accident happened
- Evidence showing why we think the other party is responsible
- Documentation of the family’s financial and emotional losses
- Funeral and burial expenses
- A settlement demand that reflects the full value of the claim
At that point, the insurance company decides whether to accept responsibility and what amount they’re willing to offer. Settling through insurance has some advantages:
- The process is often faster
- It usually avoids lengthy court battles
- Families can receive financial support sooner
If your family is satisfied with the offer, you can accept it and things end. However, every family grieves differently and has their own needs. That’s when a wrongful death lawsuit comes in.
- Wrongful death lawsuit. First things first, filing a wrongful death lawsuit doesn’t automatically mean your case will go to trial. There’s a process in place that our team handles, including:
- Filing the lawsuit
- Investigating the accident further
- Getting additional evidence through discovery
- Working with medical, financial, and accident reconstruction experts
- Taking depositions
- Negotiating throughout the case
- Representing your family at mediation, settlement conferences, or trial if necessary
Remember, the purpose of a wrongful death claim is to help surviving family members recover financially after an unexpected loss. These losses, called damages, can include the financial support your loved one would have provided and the personal impact their passing has had on your family.
What Damages Can Your Family Get in a Wrongful Death Claim?
Wrongful death damages are different from a standard personal injury case for a simple reason: they’re not tied to treating injuries, they’re tied to the loss your family is left dealing with.
That makes sense when you think about it. Losing a loved one is usually the most consequential thing that you and the rest of your family will ever face, and it’s something that never goes away. Yet, there’s also practical things that everyone is left with. And that’s what makes up the core of your damages in a wrongful death claim.
Specifically though, they usually include things like:
- Loss of financial support. This covers the income your loved one would have continued to provide—whether that’s a paycheck, household contributions, or the financial stability they were helping maintain for the family.
- Funeral and burial expenses. These are the immediate, out-of-pocket costs that come with laying someone to rest, including services, burial or cremation, and related arrangements.
- Medical bills related to the final injury or illness. Any medical treatment tied to the accident or final illness can be included, especially emergency care, hospital stays, or end-of-life treatment.
- Loss of companionship, guidance, and support. This focuses on the personal side of the loss—the relationship itself. Things like emotional support, parenting, guidance, and the role they played in the household.
- Emotional suffering connected to the loss. The grief, stress, and emotional impact on surviving family members who are now dealing with life without them.
- Future income and benefits your loved one would have provided. This looks forward, covering long-term financial contributions like retirement benefits, career earnings growth, and other support they likely would have provided over time.
Again, these damages aren’t going to bring your loved one back or even heal the pain you’re left with. Instead, they serve as a way to keep your family moving forward.
Frequently Asked Questions
Who can file a wrongful death claim?
In most cases, close family members like a spouse, children, or parents have the right to bring a claim. In some situations, other dependents or the personal representative of the estate may also be able to file.
How long do we have to file a wrongful death claim?
There’s a two-year time limit, known as the statute of limitations. If you miss that deadline, you may lose the right to bring a claim altogether. Because of that, it’s usually best to look into your options sooner rather than later.
Do we have to go to court?
Not always. A lot of wrongful death cases are resolved through settlement negotiations with the insurance company. If a fair agreement can’t be reached, then the case may move forward in court.
What does the insurance company actually pay for?
It depends on the case, but wrongful death policies typically cover immediate expenses tied to the loss, like funeral and burial expenses.
How is the value of a wrongful death case calculated?
There’s no simple formula. It usually comes down to factors like the person’s income, age, life expectancy, and the level of financial and emotional support they provided to your family.
Talk to Maison Law For Help Through a California Wrongful Death Claim
When you and your family are faced with the tragedy of losing a loved one in an accident, the claims process is typically the last thing on your mind. And while you feel the emotional loss immediately, there’s other practical losses that a wrongful death claim can help with.
At Maison Law, our California wrongful death lawyers understand what you’re going through and know how to make sure a wrongful death claim helps your family move forward. Set up a free consultation when you’re ready, and we’ll talk you through it.
