Maison Law’s team of California wrongful death lawyers represent victims of families in the claims process. One of the main questions many clients have is whether they can even file a claim. California has specific laws in place that answer this question, and our team can clarify your rights. Contact us today to get your claims process started.
What is a Wrongful Death Claim?
Losing a loved one is always difficult, and it can be even harder when their death was caused by someone else’s carelessness or harmful actions. The financial challenges that come with this kind of loss can make things even tougher, which is why the law allows certain loved ones to recover financial support through a specific process called a “wrongful death” claim.
Legally speaking, a wrongful death claim is a specific type of accident claim where you or some other person suffers fatal injuries. Like any injury claim, negligence is what separates a freak accident from a potential legal action. Usually, these claims come out of things like:
- Car or truck accidents
- Motorcycle, bicycle, and pedestrian accidents
- Workplace accidents
- Medical malpractice
- Defective products
- Exposure to toxic chemicals
- Burn injuries
While a lot of these accidents happen suddenly, it’s important to remember that they can also happen over time. Regardless, if you lose a loved one because of someone else’s negligence, you could be able to file a wrongful death claim.
Who Has Standing to File a Wrongful Death Claim in California?
When a loved one dies in an accident, only certain people have standing to file a wrongful death claim for them under California law. Those who can file include:
- Spouse
- Children
- Domestic partner
If there are no living spouses or children, things become a bit more complicated. That said, it does extend standing to the following:
- Parents
- Siblings
- Cousins
- Unmarried partners and their children
- Stepchildren
- Personal representative of the estate
Once it’s clear who can file the claim, they can proceed with it through either an insurance claim or a lawsuit. This process allows the family to seek “damages” for various losses, such as:
- Financial support the deceased would have provided to help the family.
- Costs relating to the loss of the close relationship and friendship with loved ones.
- Costs relating to the emotional pain and grief from losing them.
- Support and guidance a child would have received from a parent.
- The salary and benefits the deceased would have earned from their job.
- The money the person would have likely earned in the future.
- Costs for medical care and funeral expenses that the family paid.
- Punitive damages, in cases of intentional or reckless negligence.
It’s important to remember that there’s a two-year deadline from the date of death to file a wrongful death claim in California. If this deadline is missed, the family might not be able to get the help they need.
How Can Maison Law Help You in a California Wrongful Death Claim?
When there’s a death involved in an accident, it raises the stakes considerably. Still, you don’t technically need a lawyer to file a wrongful death claim. But because there’s so much riding on the claims process, having our experienced team on your side can be extremely important to making sure you have a successful claim. Here’s how we approach these claims:
- Detailed investigation – With our resources and experience, we put together a detailed investigation of what happened and then explain what your options are.
- Collecting evidence – Gathering important documents, like medical records, reports about the accident, and any costs you’ve had because of it is vital to a strong claim. We take the lead in gathering and compiling this documentation.
- Dealing with insurance companies – Arguably the biggest benefit to working with us is that we handle all the communication and negotiation with the insurance company. This takes a great deal of stress off of you.
- Offering support – We’ll be there for you and your family during this tough time, making the legal process easier.
You can handle a wrongful death claim by yourself, but it can be challenging, and you might not get the full amount of compensation your family needs. Our team can help lighten the load for you and your family during this tough time so you can move forward. Contact us today for a free consultation to get the process started.
