Maison Law helps families of victims of fatal accidents through the legal process. We can answer any question you may have about a wrongful death claim, including whether or not you can file one. There’s certain laws in place for this, but our team can explain your rights and guide you through the process. Contact us today for a free consultation.
Who Can File a Wrongful Death Claim in California?
Fatal injuries are by far the worst outcome of an accident in California, but the law is clear in terms of who can actually file the claim:
- Spouses or domestic partners – The person who was married to or in a registered domestic partnership with the one who passed away.
- Children – The biological or adopted children of the deceased can file if there’s no spouse or domestic partner.
If there isn’t a spouse or child, then other family members who would legally inherit from the person can file a claim. These may include:
- Parents of the deceased
- Siblings (brothers and sisters)
- Cousins (in some cases)
- Common-law spouses and their children or stepchildren
- Personal representatives of the estate named in the will
Obviously, figuring out who files the wrongful death claim is not always simple. This is especially true if there’s no spouse or children, or there’s no will in place. Still, the fact remains that these family members and close loved ones usually take on the responsibility of filing the wrongful death claim.
How Does the Wrongful Death Claims Process Work?
Knowing who can file a wrongful death claim is just the start. The next steps involve figuring out how much the claim is worth. This depends on factors like the age, health, and financial contributions of the deceased, all aimed at finding fair support for those left behind. But when you boil it down, it’s still a legal claim. This means that you (or your family members) have to either file:
- An insurance claim or lawsuit to get damages.
While this part of the process is similar to other injury claims, the actual damages that can be recovered are quite different. In a wrongful death claim, these damages usually include things like:
- Funeral and burial expenses
- Loss of companionship or parental support
- Loss of income or financial support, like insurance benefits
- Emotional pain and suffering
- Medical expenses
- Property damage
- Punitive damages, in certain cases
In California, families have two years from the date of death to file a wrongful death claim. Missing this deadline could mean losing the chance for financial support and justice. Acting quickly and working with our experienced team can help keep the process on track.
What Can Be Done to Protect a Wrongful Death Claim?
Understanding your rights is just one part of filing a wrongful death claim. To protect your case, it’s crucial to show how your loved one’s passing has impacted your family. Insurance companies may try to minimize payouts, so taking these steps can help:
- Stay composed – It’s normal to feel overwhelmed after a traumatic accident, but staying calm and composed can help you focus on important details.
- Report the accident – Make sure the accident is reported to the right authorities, like the police for a car accident or a supervisor for a workplace incident. This alerts authorities to the accident and prompts a record of it.
- Seek medical help – If anyone was injured before your loved one’s passing, make sure they received medical attention. Quick medical care is very important for both health and supporting your claim.
- Document the accident scene – If possible, take photos and videos of the accident scene. This evidence can show the damages and provide valuable proof in your case.
- Track every expense – Write down all costs related to your loved one’s death, such as medical bills, funeral costs, and lost income. This record highlights the financial impact on your family.
- Get information from witnesses – If there were witnesses, get their contact information and ask for their statements. Witness accounts can add strength to your case.
Again, the stakes are raised when there’s a serious accident with fatal injuries. This means that taking these steps will be difficult–if not impossible. At the same time, it’s these steps that will give you and your family the foundation for your wrongful death claim.
Experienced Legal Support for Wrongful Death Claims in California
While we hope you never need to file a wrongful death claim, working with our experienced team can provide vital legal support and guidance. With our experience and resources, our team will:
- Investigate the accident to figure out what happened and who’s liable
- Explain your rights and options as a family member
- Help you gather medical records, expenses, and crucial evidence
- Talk and negotiate with insurance companies and reps
- Guide you or your family through the claims process, whether it’s an insurance claim or lawsuit
While you could handle a wrongful death claim on your own, it can be difficult, and you might miss out on full compensation for your family’s needs. Working with our team can help ease the burden on you and your family during this difficult time, helping you all move forward. Contact us today for a free consultation.
