How to File a Wrongful Death Claim in California
First of all, if you’re reading this and have lost someone dear to you, we offer our condolences. The pain and anger you’re experiencing must feel agonizing, but it will get better.
And if you feel someone’s negligence resulted in the death of your loved one, the pain and anger will grow and grow if you don’t do anything about it. So what options do you have to get justice or at least some semblance of it?
Well, you’ve come to the right place. We’re here to tell you how to file a wrongful death claim in California.
What Is a Wrongful Death Claim?
A wrongful death claim is a civil suit that you file against a party (be it an individual or group/organization) that you believe acted in a negligent manner, which led to the death of your loved one. Since these claims happen in civil court rather than criminal court, the guilty party will owe you monetary restitution as opposed to serving jail time or paying a fine to the government.
Wrongful death claims have no limit on the type of incident that occurred so long as you have significant cause to believe it was that incident (as a result of another party’s negligence) that led to tragedy.
What to Know Before You File the Claim
One important thing to keep in mind before you file the claim is knowing who has the legal right to file it in the first place. The deceased’s spouse/partner or children have the main priority, but immediate family members can file if neither a spouse/partner or child can file.
What’s more, if you relied on the deceased for financial support and can provide proof, you also have the right to file a claim in California. It’s also important to note that there is a time limit on how long you can wait before filing the claim. Once two years pass after the victim’s death, a wrongful death claim can no longer occur.
How Do The Damages Work?
If your claim wins in court, you will gain restitution for both the income lost due to the victim’s death and a sum to compensate for the emotional grief you and the other loved ones of the deceased endured. These earnings can also include covering the funeral and burial costs or paying off any hospital bills left by the deceased as a result of their fatal injury.
To file a wrongful death claim, speak to an experienced wrongful death attorney rather than claw through the process yourself. They will guide you through the filing and subsequent affairs and offer insight you wouldn’t have found otherwise.
Time to Get Some Justice
So now that you know how to file a wrongful death claim, it’s time to get some justice for your loved one. Share this article with anyone you know undergoing a similar ordeal who needs the help.
Now get out there and make it happen! You can’t bring back the person you lost, but you can ensure the guilty pay for their death.
