How to File a Wrongful Death Lawsuit in California

Losing a loved one is an incredibly painful experience, especially when their death was caused by someone else’s negligence, intentional act, or wrongdoing. This article will explain how wrongful death lawsuits work in California, including the legal process, eligibility, and what families can expect. In California, the law provides a way for surviving family members to seek justice and compensation through a California wrongful death lawsuit. A California wrongful death case can arise from either someone else’s negligence or an intentional act. This legal process can be complex and emotionally draining, but understanding the steps involved can help you navigate it more effectively. If you’re considering this legal path, it’s essential to know what to expect and how to proceed.

At Setareh Law Firm, we understand the challenges you face during such a difficult time. Our team is dedicated to providing compassionate and professional legal support to help you pursue the justice and compensation you deserve. We have extensive experience handling wrongful death cases and are committed to guiding you through each step of the process. By partnering with us, you can focus on healing while we handle the legal complexities.

Introduction to Wrongful Death Claims

A wrongful death claim is a legal action brought by surviving family members or beneficiaries when a loved one’s life is lost due to someone else’s negligence, recklessness, or intentional misconduct. In California, wrongful death lawsuits are governed by California’s wrongful death statute, which allows certain family members to seek compensation for the emotional and financial losses resulting from the deceased person’s passing. 

The primary goal of a wrongful death lawsuit is to help surviving family members—such as the surviving spouse, domestic partner, and children—recover damages for the loss of companionship, support, and other contributions the decedent provided. California law clearly outlines who may file a wrongful death claim, ensuring that those most affected by the loss have the opportunity to pursue justice and financial relief. If you are considering filing a wrongful death lawsuit, understanding your rights under California law is the first step toward seeking compensation and holding the responsible party accountable.

Who Can File a Wrongful Death Lawsuit?

In California, not everyone is eligible to file a wrongful death lawsuit. The law specifies that only certain individuals have the legal standing to bring such a claim. Typically, the following parties can file a wrongful death lawsuit:

• Surviving spouse or domestic partner: The spouse or registered domestic partner of the deceased person has the primary right to file the lawsuit.
• Surviving children: The biological or adopted surviving children of the deceased person are also eligible to file a wrongful death claim.
• Putative spouse: A putative spouse, who had a good faith belief that they were legally married to the deceased, may be eligible to file a wrongful death claim, especially if they were financially dependent on the decedent.
• Other heirs: If there is no surviving spouse, domestic partner, or surviving children, other individuals who would be entitled to inherit the decedent’s property under California’s intestate succession laws can file the lawsuit.

Additionally, individuals who were financially dependent on the deceased may also be eligible to file a wrongful death claim, even if they do not fall into the typical family categories.

Understanding who can file the lawsuit is crucial because it affects the legal standing and the potential outcome of the case. Consulting with a knowledgeable attorney can help you determine if you have the right to pursue a wrongful death claim and ensure all eligible parties are included in the lawsuit.

Key Elements of a Wrongful Death Case

To successfully file a wrongful death lawsuit in California, several key elements must be established. These elements form the foundation of the case and are essential for proving liability and securing compensation. The primary elements include:

• Duty of care: It must be shown that the defendant owed a duty of care to the deceased person. This means the defendant had a legal obligation to act with reasonable care to prevent harm.
• Breach of duty: You must demonstrate that the defendant breached this duty of care through the party’s negligence, recklessness, or intentional wrongdoing.
• Causation: It is necessary to prove that the defendant’s breach of duty directly caused the victim’s death.
• Damages: Finally, you must show that the death resulted in specific damages, such as financial losses, emotional distress, and loss of companionship.

A wrongful act, whether negligent, reckless, or intentional, can also serve as the basis for liability in a wrongful death case.

Each of these elements requires thorough investigation and evidence. An experienced attorney can help gather the necessary documentation, witness statements, and expert testimony to build a strong case.

Wrongful death cases share many similarities with personal injury claims, including legal standards and procedures for establishing liability and damages.

Identifying the Party Responsible

Determining who is legally responsible for your loved one’s death is a crucial part of filing a wrongful death lawsuit in California. Under state law, wrongful death can result from another person’s negligent, reckless, or intentional actions. Many wrongful death lawsuits stem from incidents such as car accidents or even criminal acts. 

To establish liability, it’s important to thoroughly investigate the circumstances surrounding the death, which may involve reviewing medical records, police reports, and gathering witness statements. A skilled wrongful death attorney can assist in identifying the party responsible and guide your family through the legal process. 

Even if the deceased person may have contributed to the incident, California law allows surviving family members to file a wrongful death claim, though the compensation may be adjusted based on the victim’s contributory negligence. 

By working with an experienced attorney, you can ensure that all responsible parties are held accountable and that your family’s rights are protected throughout the process.

The Wrongful Death Process

Filing a wrongful death lawsuit in California involves several important steps designed to ensure a fair and thorough legal process. The journey begins with filing a formal complaint in civil court, which must detail the date, time, cause of death, and the compensation being sought. 

Once the complaint is filed, the defendant has 30 days to respond; if they fail to do so, the court may issue a default judgment in favor of the plaintiff. The next phase, known as discovery, allows both sides to exchange information, gather evidence, and consult expert witnesses to strengthen their cases. Often, a settlement conference overseen by a lawyer serving as a mediator is scheduled to encourage both parties to reach a fair settlement without going to trial. 

If an agreement cannot be reached, the case proceeds to a civil trial, where a jury will ultimately decide on liability and the amount of compensation to be awarded. Throughout each stage, having knowledgeable legal representation can make a significant difference in achieving a just outcome.

Statute of Limitations for Wrongful Death Lawsuits

In California, wrongful death lawsuits are subject to a statute of limitations, which is the legal timeframe within which you must file your claim. The statute of limitations is generally two years from the date of the decedent’s death, as established by the California Code of Civil Procedure. Failing to file within this period can result in losing your right to seek compensation.

However, there are certain exceptions and variations to this rule. For instance, there may be different deadlines. Additionally, if the case involves a government entity, special procedures and shorter time limits may apply under the relevant civil procedure statutes. It is crucial to consult with a lawyer promptly to ensure your case is filed in the appropriate court within the required timeframe and to avoid any procedural pitfalls.

What Can Be Recovered in a Wrongful Death Lawsuit?

Under California’s wrongful death law, the damages recoverable in a wrongful death lawsuit are intended to compensate surviving family members for the losses they have suffered as a result of their loved one’s death. These damages can be both economic and non-economic and may include:

• Economic damages: These include quantifiable financial losses such as funeral and burial expenses, medical expenses, medical bills incurred before death, lost income and benefits, and the value of household services the deceased person provided.
• Non-economic damages: These encompass more subjective losses such as loss of companionship, emotional distress, and pain and suffering.
• Punitive damages: In cases where the defendant’s conduct was particularly egregious, punitive damages may be awarded to punish the wrongdoer and deter similar behavior in the future.

The victim’s contributory negligence may reduce the amount of damages recoverable if the victim’s own actions contributed to the incident. California civil jury instructions guide juries in determining the appropriate amount and types of damages in wrongful death cases.

Determining the value of these damages requires careful evaluation and documentation. An experienced attorney can help you accurately calculate and present these damages to ensure you receive fair compensation.

Mediation and Trial in Wrongful Death Cases

Mediation and trial are pivotal stages in the resolution of wrongful death claims in California. Courts often encourage parties to resolve wrongful death lawsuits through mediation or a settlement conference before proceeding to trial. 

During mediation, a retired judge or experienced lawyer serving as a mediator helps both sides negotiate and, if possible, reach a mutually acceptable settlement agreement. If the parties agree, the settlement is submitted to the court for approval, providing surviving family members with timely financial support and closure. However, if mediation does not result in a settlement, the wrongful death lawsuit moves forward to trial. 

At trial, both sides present their evidence and witnesses, and a jury determines liability and the amount of compensation. In certain cases, such as those involving felony homicide, punitive damages may also be awarded to further hold the responsible party accountable. A successful wrongful death lawsuit can provide essential financial support and a sense of justice for the family members left behind.

Disbursement of Funds After a Wrongful Death Settlement or Verdict

Once a wrongful death settlement or verdict is reached, the next step is the fair and lawful distribution of funds to the eligible surviving family members. In California, the allocation of compensation is governed by the state’s wrongful death statute, which typically entitles the decedent’s surviving spouse, domestic partner, and children to a share of the recovery. 

The amount each family member receives depends on several factors, including the degree of financial support they received from the deceased, the deceased’s lost wages, and the extent of their loss. Before funds are distributed, the law firm handling the case will deduct attorney fees and any legal costs incurred during the wrongful death lawsuit. 

An experienced wrongful death attorney can help ensure that the disbursement process is handled correctly and that all legal procedures are followed, so your family receives the compensation you deserve. Working with a knowledgeable law firm can provide peace of mind and help you navigate this final, important step after a successful wrongful death case.

Why Choose Setareh Law Firm for Your Case?

Navigating a wrongful death lawsuit can be overwhelming, but you don’t have to go through it alone. At Setareh Law Firm, we are dedicated to providing exceptional legal representation to families in their time of need. Our team understands the emotional and financial toll a wrongful death can take, and we are committed to fighting for justice on your behalf.

We offer compassionate support and aggressive advocacy to ensure your case is handled with the utmost care and attention. By choosing Setareh Law Firm, you benefit from our extensive experience, proven track record, and unwavering dedication to our clients. Contact us today at (213) 444-5572 or visit our contact form to schedule a free consultation and learn how we can assist you in pursuing justice for your loved one.