How To File Wrongful Death Lawsuit

Filing a wrongful death lawsuit in California involves various legal steps with strict deadlines and specific eligibility rules. First, you must confirm that you’re eligible to file, identify the liable parties involved, gather evidence and documentation to support your claim, and file the lawsuit in the correct court and within the deadline. The process also involves calculating damages, handling the discovery process, and settlement negotiations or court trial. That’s why you need to work with a wrongful death attorney throughout the process.

If you’ve lost a loved one due to someone else’s negligence or wrongful act, Saeedian Law Group can help you recover the compensation you deserve. With 16+ years of experience, our California wrongful death attorneys can help you gather strong evidence, handle insurance companies and negotiate settlements on your behalf, or represent you in court. Schedule a free consultation with us today.

In this blog, we’ll explain how to file a wrongful death lawsuit, the step-by-step process involved, who is eligible to file, the available damages, and common mistakes to avoid.

Who Can File a Wrongful Death Lawsuit?

A wrongful death lawsuit is a legal action filed by surviving family members when a person dies because of another person’s negligence or intentional misconduct. The claim allows eligible family members to seek compensation for the losses suffered due to the decedent’s death. Unlike a criminal case which punishes the liable party, a wrongful death lawsuit is a civil case which focuses on recovering compensation for the family members.

In California, the parties who can file a wrongful death claim are mostly limited to close surviving family members and other people who had a legal or financial relationship with the deceased. The goal is to make sure that the compensation goes to the people most affected by the decedent’s death.

According to the California Code of Civil Procedure 377.60, the following individuals can file a wrongful death lawsuit.

• The decedent’s surviving spouse or registered domestic partner
• Children of the deceased (including legally adopted children)
• Grandchildren, if the deceased’s children are no longer living
• Parents of the deceased, if there is no surviving spouse or child
• Siblings or other relatives who would inherit under California intestate succession laws
• Putative spouse (someone who believed in good faith they were legally married)
• Children of a putative spouse
• Stepchildren or other individuals who were financially dependent on the deceased

It’s important to note that in California, only one wrongful death claim may be filed for the same death. Every eligible person must be included in that single claim. Sometimes, the personal representative of the decedent files the wrongful death lawsuit on behalf of all eligible individuals.

How To File Wrongful Death Lawsuit: Step-by-Step

To file a wrongful death lawsuit in California, you have to follow a structured legal process with strict requirements. The steps are as follows:

Step 1. Confirm You’re Eligible to File

As mentioned earlier, only individuals designated by California law can file wrongful death claims. So, it’s important to verify that you’re an eligible party before you start.

Step 2. Hire a Wrongful Death Lawyer

Before you proceed with the legal process, it’s recommended to work with an experienced wrongful death attorney. You need a lawyer who understands California’s legal procedures for wrongful death claims. The attorney will also help you handle the legal process, from identifying liable parties and gathering evidence to establishing liability and negotiating with insurance companies.

Step 3. Identify the Liable Parties

Wrongful death suits are based on another party’s wrongful act, whether it’s negligence or an intentional act. With the help of your wrongful death attorney, you should confirm who is liable for the death so your claims will be directed to the right party. Remember that in some cases, multiple parties may share liability for the death.

Step 4. Gather Evidence and Documentation

You need strong and verifiable evidence to prove negligence and establish liability in wrongful death cases. Get the death certificate, police reports, medical records, witness statements, and expert analysis results. You may also need proof of damages such as medical bills, funeral expenses, or proof of loss of income. The goal is to clearly show that the death was preventable, was caused by the defendant’s wrongful act, and directly caused the damages filed.

Step 5. Calculate the Damages

This step is important because it helps you determine the actual worth of your claim. Make sure you include all applicable damages, such as funeral costs, burial expenses, medical bills, loss of financial support, etc. We recommend that you seek the help of an experienced wrongful death attorney to get the correct estimate.

Step 6. File the Complaint in the Appropriate Civil Court

Filing a civil complaint in a California Superior Court marks the official start of the lawsuit. In the complaint, you should outline important details such as the parties involved, the negligent actions, how they caused the death. You should also list the damages you’re filing for.

Moreover, make sure you file within the deadline to avoid losing the right to file. Typically, the claim must filed within two years from the date of the death. This time is known as the statute of limitations for wrongful death lawsuits in California. After filing the complaint, you must serve the defendant with a legal notice of the lawsuit.

Step 7. Engage in Discovery and Negotiations

The next stage is the discovery process. This phase allows both parties to exchange information and evidence. Such information may include document requests, witness statements, or depositions. The goal of this stage is to help clarify the facts of the case.

Along the line, the parties involved can engage in negotiations to reach a settlement outside of court. But if the settlements negotiations fail, the case can then proceed to trial where a judge or jury determines liability and decides the compensation amount. If compensation is recovered, it is then distributed among the eligible heirs, but how it is shared depends on California inheritance laws or as decided by the court.

What Types of Damages are Available in a Wrongful Death Lawsuit?

Damages in a wrongful death claim are awarded to compensate family members for the losses they suffered because of their loved one’s passing. Understanding the types of damages available for your case is critical to pursuing full and fair settlement or verdict.

Economic Damages

Economic damages cover the financial losses caused by the death. These are losses that can be measured with bills, records, or reasonable estimates. Common examples include medical expenses related to the final injury or illness, funeral and burial costs, and the loss of the deceased’s financial support.

Economic damages may also include the value of household services the deceased would have provided, such as childcare, home maintenance, or other regular contributions to the family. The goal is to replace the lost financial support the family would likely have received if the person had lived.

Non-Economic Damages

Non-economic damages compensate for personal losses that do not have a clear dollar value. In California wrongful death cases, this includes the loss of love, companionship, comfort, care, assistance, protection, affection, and moral support. It also includes the loss of training and guidance a deceased parent would have provided to their children.

Let’s take the Mickel Lewis Sr.’s wrongful death case involving the Kern County Deputy Sheriff as a case study. In this case, a federal jury awarded a compensation of $30.5 million to the deceased family. The award included $5 million for loss of life, $1 million for the deceased’s pain and suffering, and $24 million in wrongful death damages to his children. Lewis’ case shows how serious both economic and non-economic losses are taken in court.

Note that punitive damages are generally not available in a standard wrongful death lawsuit in California. However, you can recover them through a survival action, which allows the deceased person’s estate to sue for damages they would have sought if they were alive. The goal of punitive damages is to punish the defendant for a malicious, oppressive, fraudulent, or other intentional misconduct.

7 Common Mistakes to Avoid When Filing a Wrongful Death Lawsuit

Wrongful death cases can be emotionally challenging and legally complex. As such, even small mistakes in the process can cause delay, affect compensation amount, or even lead to the dismissal of the case. That’s why you need to identify the common mistakes and avoid them. Such mistakes include:

1. Waiting Too Long to File the Lawsuit: Remember that the wrongful death statutes of limitations in California is two years from the date of the death. If you’re filing against a government entity or public employee, you may have shorter deadlines as stipulated by the California Tort Claims Act (CTCA). If you miss this deadline, you may lose the right to file, forever.
2. Leaving Out Eligible Heirs: As mentioned earlier, all eligible heirs must be included in a single wrongful death lawsuit. So, your case may not proceed until you include all eligible parties.
3. Not Preserving Evidence Early: Evidence and witness statements can fade out quickly after an accident or incident. For example, you might lose contact with eyewitnesses to a car accident, or they might forget some details of the incident, making their testimony less reliable. Hence, you may lose out on critical evidence to support your claim if you don’t gather and preserve them on time.
4. Underestimating the Value of the Claim: Sometimes, families focus only on funeral or medical expenses and overlook long-term losses. The implication is that you may end up accepting a wrongful death settlement that’s far less than the actual worth of your case. To avoid this, work with your wrongful death lawyer to properly calculate the damages.
5. Confusing Wrongful Death With a Survival Action: Although both wrongful death lawsuits and survival actions apply to wrongful death cases, they serve different purposes. A wrongful death lawsuit seeks to compensate surviving family members for “their losses”. On the other hand, a survival action covers the losses the deceased could have recovered if they had lived. Such losses may include medical bills, the deceased’s pain and suffering, and lost wages between the period of injury and time of death. This distinction is important because filing the wrong claim may limit recovery.
6. Talking to Insurance Companies Without Legal Guidance: Sometimes, insurance adjusters contact claimants early and may seem helpful. But most times, their goal is to minimize payouts. So, if you speak with them without professional legal advice, you may end up making statements that admit fault and can be used to reduce or deny compensation later.
7. Not Working With an Experienced Wrongful Death Attorney: Wrongful death claims usually involve strict procedures and legal deadlines. Hence, handling them without expert legal support increases the risk of costly mistakes that may affect your compensation. That’s why it’s best to work with an experienced attorney who understands how wrongful death claims work in your jurisdiction.

Need an Experienced Wrongful Death Lawyer?

Filing a successful wrongful death claim requires that you understand the filing process, how the lawsuit works, and the common mistakes to avoid. Make sure you calculate the damages correctly, gather evidence on time, file as early as possible, and include all eligible parties. Ultimately, it’s recommended to work with an experienced wrongful death lawyer for expert guidance throughout the process.

At Saeedian Law Group, we’re always available and ready to help you seek justice and fair compensation after a wrongful death. Our California personal injury attorneys will provide the legal guidance you need and help secure the fair settlement your family deserves. Contact us today for a free consultation.

Frequently Asked Questions

At Saeedian Law Group, our attorneys have been handling wrongful death claims for more than 16 years. With our extensive experience, we’ve provided clear answers to some of the most common questions people ask about the legal process.

What is the statute of limitations for filing a wrongful death lawsuit?

In California, the statute of limitations for wrongful death is generally two years from the date of death. If you don’t file within this time, you may lose the right to recover damages. Meanwhile, some cases, such as those involving government entities or medical malpractice, may have shorter deadlines.

Can multiple family members file separate claims?

No. California law requires that all eligible heirs be included in one single wrongful death lawsuit. Family members cannot file separate claims for the same death. Any compensation recovered is later divided among the eligible heirs.

What if the deceased was partially at fault?

California follows a pure comparative negligence rule. So, even if the deceased was partially at fault, compensation may still be available, but it will be reduced based on the deceased’s percentage of fault. For example, if the deceased was 30% at fault, the recovery would be reduced to 70% under comparative negligence.

Is a wrongful death lawsuit taxable?

Most wrongful death compensation in California is not taxable, including amounts for loss of financial support and companionship. However, certain portions, such as interest or punitive damages awarded through a survival action, may be taxable. It is best to consult a tax professional for specific guidance.

What happens if the responsible party is facing criminal charges?

A wrongful death lawsuit is a civil case and is separate from any criminal case. The civil lawsuit can move forward even if criminal charges are pending or never filed. A criminal case does not prevent the family from seeking compensation through a wrongful death claim.