Maison Law helps families through the unthinkable process of a wrongful death claim in California. It’s something no family wants to face—no matter how it happens. But unfortunately, it’s not always an accident. Sometimes, it’s deliberate. That’s where questions come up about options, and that’s where our team can step in. Set up a free consultation today.
Can I File a Wrongful Death Claim in California If My Family Member is Murdered?
Even though it’s ultimately deliberate, a murder is still a tragedy. But when it happens to your family member, it feels totally different. And the reality is that your family is still left dealing with the aftermath—the funeral, burial, loss of companionship, and criminal process. It’s a lot to handle. But that’s why there’s a separate wrongful death process that takes place in civil court.
And you and your family can file a wrongful death claim when your loved one is murdered. The law only requires that negligence be the reason that the death happened—and a deliberate murder is usually also considered to be a form of negligence.
With that said, the actual claims process is a bit different with a wrongful death claim. First, only certain people can actually file it:
- Surviving spouses or domestic partners
- Children
- People named in a will (if there is one)
If none of these are in play, parents, siblings, or other close relatives may be able to file, and sometimes the personal representative of the estate takes the lead. Once the right person is figured out, the legal process starts to look more familiar. But that’s also where the other key difference comes in: the damages that you can get.
What Damages Can My Family Get If My Family Member is Murdered?
It’s true that you and your family can file a wrongful death claim when a family member is murdered in California. And while it’s the same process legally, the law recognizes that what your family is left dealing with in this scenario is very different from a normal accident.
Most of the time, damages in a wrongful death claim after your loved one is murdered is recovered through a wrongful death lawsuit in civil court. At that point, it’s about showing what your family has lost, and can include:
- Funeral and burial costs
- Medical expenses that came up for emergency care or surgery prior to the death.
- Lost income or lost future earnings
- Lost benefits
- Loss of parental support or companionship
- Pain and suffering
- Emotional distress
It’s also critical to know there’s a time limit. In California, you have two years from the date of death to file a wrongful death claim. Two years may sound like a long time, but when your world has been upended by a violent act, it goes by faster than you’re ready for.
What Information Can I Use For a Wrongful Death Claim After My Family Member is Murdered?
Anytime you lose a family member, it’s unbearable. This is true whether it happens in an accident or from a criminal act. But when you need to file a wrongful death claim, you’re eventually going to have to provide evidence and information that shows what happened. Here’s what you and your family can use to do that:
- Police and official reports. This is going to be the foundation. Police reports, CHP records, or coroner’s notes give a neutral account of what happened. They also usually have details you would never know otherwise: timelines, locations, and the actions of the person responsible.
- Medical records. Paramedic notes, hospital records, and coroner reports show the care your loved one received and connect the loss to what happened.
- Witness statements. People who were nearby can share things the reports might miss: threats, suspicious behavior, or other clues that help lay out what happened.
- Pictures/videos. Security cameras, dashcams, traffic cams, or even quick cellphone snapshots can make the events clear in ways written reports can’t.
- Background information. Any evidence of prior threats, dangerous patterns, or repeated risky behavior that led up to this tragedy. These details can show the act wasn’t completely random.
It doesn’t have to be perfect. Even a few pieces of information give you a place to start, and help your family understand what happened and who may be responsible. And remember, if it feels like too much, our team can step in and help.
Maison Law Supports Families Through Wrongful Death Claims After a Murder in California
Any situation where you lose a family member is unthinkable, but it definitely hits harder when they’re murdered. It’s senseless, and should never happen. But too many families in California go through such a difficult time, and it brings up tons of unanswered questions. While a wrongful death claim won’t bring your family member back, it will help you and your family move forward. And that’s where our team of California wrongful death lawyers at Maison Law can help by:
- Explaining your options in plain, understandable language
- Looking into what happened and figuring out who’s responsible
- Gathering records, evidence, and anything you need for your claim
- Handling talks and negotiations with insurance companies
- Guiding your family through the process from start to finish
Most of all, we want to take the pressure off you and your family, not add to it. This is already a heavy, complicated, and emotional situation. Even just getting the information you need can feel impossible—and that’s why we’re here to help. Set up a free consultation.
