Maison Law helps families through the wrongful death claims process in California. By answering their questions, we make an incredibly difficult situation a little easier. But there’s still a legal process to go through, and that means establishing liability. If you’ve lost a loved one in an accident, contact us today for a free consultation to explore these legal options.
How is Wrongful Death Different Than Negligence?
One of the major questions that come up because of a fatal accident revolves around your family’s legal options–namely involving a wrongful death claim. At least legally, a wrongful death claim is a type of injury claim. This means that negligence is involved. So, while it’s not technically the same thing, there can be no wrongful death claim without negligence.
Who’s Liable For a Wrongful Death Claim?
Again, a wrongful death claim is basically an injury claim, which means there’s a way to determine who is legally responsible for your family’s losses. It can happen in many types of accidents, making it a little easier to understand.
Legally, it usually comes down to negligence, meaning the person at fault is typically the one who:
- Was careless
- Caused the accident and the resulting injuries
Of course, this depends on the specific details of the accident, and sometimes multiple people or parties may be involved. However, responsibility often falls on:
- Drivers in car or truck accidents
- Vehicle manufacturers if faulty parts lead to a deadly accident
- Companies that make dangerous or defective products
- Employers in workplace accidents
- Surgeons, doctors, or hospitals in medical malpractice cases
- People who commit violent crimes
- Local or state government agencies that don’t maintain roads properly
- Store owners or managers who sell unsafe products
- Homeowners or landlords who don’t keep their property safe
Like any type of claim, it’s very important to nail down liability, since it ultimately tells you who has to pay for your damages. But in a fatal accident, this can be pretty tough to do, especially if you weren’t there or involved. That’s where our team can help. We have the experience and resources to investigate and gather the information you need to file your claim.
Is the Claims Process Any Different in a Wrongful Death Case?
Obviously, the shock and grief that happens when you lose a loved one in an accident makes the claims process much different. But legally speaking, the main difference in a wrongful death claim is that it must be filed on behalf of the person who has passed away. In California, only certain people are allowed to file this claim:
- Spouse
- Children
- Domestic partner
If the deceased person doesn’t have a living spouse or children, others who may file include:
- Parents
- Siblings
- Cousins
- Unmarried partners and their children
- Stepchildren
- The personal representative of the estate
Once it’s clear who can file, the wrongful death claim can be filed, which is done through an insurance claim or lawsuit. The purpose, obviously, is to recover damages. But the damages in a wrongful death claim is also different than normal:
- Loss of financial support and future earnings
- Loss of benefits
- Loss of companionship and familial support
- Funeral or burial expenses
- Medical expenses
- Property damage
- Punitive damages, in cases of intentional negligence
It’s also important to know that there’s a time limit to file a wrongful death claim, just like with other injury claims in California. You have two years from the date of the person’s death to file. If you miss this deadline, you may lose the chance to receive compensation that could help your family move forward.
How Can You Protect a Wrongful Death Claim?
When a wrongful death happens, the steps to protect a claim differ from those in a typical accident. But at the same time, having the right to file a claim isn’t enough to recover damages. This makes the following steps important to how your claim will play out:
- Report the accident – Call the police and ambulance right away. If the accident happened on someone else’s property, let the owner or manager know so they can fix any dangerous issues. If a faulty product caused the death, keep all related documents like receipts and manuals.
- Gather evidence – Collect statements from witnesses, medical records, incident reports, and any videos. This evidence can help show what happened and support your claim.
- Document expenses and losses – Keep a detailed list of all costs, like medical bills and funeral expenses. This will show how the loss has affected your family financially.
- Be careful with statements – When talking to police or insurance agents, be careful with your words. Stick to the facts and don’t exaggerate. The less you say, the less chance there is for others to question your claim.
These steps may vary based on the situation, but prioritizing the health and safety of everyone involved is crucial. If the injuries are fatal, focus on gathering as much information as possible to strengthen your claim. Then, get in touch with our team for guidance and support
Contact Maison Law After Losing a Loved One in California
Losing a loved one is an unimaginable pain that can leave families feeling lost and overwhelmed. At Maison Law, our team of California wrongful death lawyers is here to provide legal guidance and support during this difficult time.
You don’t have to go through this alone. While we can’t bring back your loved one, we can help you and your family move forward. Contact us today for a free consultation to start the process.
