Losing someone you love without notice can be one of the most traumatizing experiences of your life. It can be a difficult reality to process, especially when there were no warning signs that your loved one was going to be taken away so quickly. When this happens, an investigation should be carried out to determine the cause and manner of their death. If someone is at fault, you may have grounds for a wrongful death claim. Understanding how to file a wrongful death claim in California is the next step.
Most people don’t think about wrongful death claims until tragedy strikes their own family. However, these claims are more common than you might think. In fact, California reported over 40,000 filings in 2024 for motor vehicle personal injury, property damage, and wrongful death combined. It’s a sobering reminder of just how frequently tragedy can strike, encouraging us all to stay prepared and informed on how to handle these situations.
Wrongful death claims are legal cases brought forth by a surviving family member of the deceased. They are an attempt to hold a responsible party accountable for an unlawful death. Negligence alone can be enough to warrant a wrongful death claim. Unintentional injuries are incredibly common; in fact, they are the third leading cause of death in the United States.
Some common incidents that lead to wrongful deaths include:
The primary purpose of a wrongful death claim is to provide compensation for the surviving family members. A claim can help them recoup funds for the damages they have experienced, especially if they relied on the decedent to cover their basic necessities. If a crime was involved in the wrongful death, the defendant could face criminal charges in addition to a wrongful death claim.
While every wrongful death case is different, understanding the general process can help give you a sense of what to expect. Last year alone, California had 439 fatal job related injuries so there is precedent in place to help you navigate your claim.
Below are the steps typically involved in a wrongful death claim:
The first step is to connect with an attorney who has a background in wrongful death cases. This is better than hiring a generalist, as a seasoned professional in this space will know exactly what legal criteria your case must meet. They can also walk you through your options so you can make the most informed decision possible.
In most California cases, a legal dependent will be the individual filing the claim. This can be a spouse, child, or parent. If you are unsure who in your immediate family is most qualified for your case, an attorney can help you make that decision. In some cases, the personal representative of the deceased’s estate will initiate the claim on behalf of surviving family members.
You need evidence to make your case. This can include accident reports, statements from eyewitnesses, and medical records. If the death happened at work, OSHA reports or the employer’s history of safety violations could also be compelling information to bring forward. The goal of this step is to clearly link a defendant’s behavior or negligence to the death in question.
After evidence has been gathered, you will calculate the total damages and file your claim. You may be able to settle without a trial. However, if there is disagreement about fault, the case will need to advance to court. Here, a final judgment will be made by a judge. If you disagree with their final verdict, an attorney may be able to help you appeal.
A: The odds of winning your wrongful death case will depend on how strong your evidence is and the circumstances that surrounded the death. If you present clear proof, such as surveillance footage showing exactly what happened, your odds are typically higher, as visual evidence is difficult to combat. Some cases might be more difficult to prove, such as medical malpractice or product liability, but that doesn’t mean you can’t win. However, they may take longer.
A: Wrongful death settlements vary greatly based on the specifics of each case. Some common factors that influence the final amount include the deceased’s age, income, and the extent of the emotional toll the death has had on surviving family members. How much you anticipate spending on medical costs and funeral expenses can also play a role in this figure. To have a better sense of what you could earn in your case, speak with a wrongful death attorney early on.
A: Yes, as long as they are legally eligible, multiple family members can be part of the same wrongful death claim. This can include spouses, children, and sometimes parents or other dependents. When there is a final verdict, it will be up to the court to determine how it is divided. Having one coordinated case is often the most efficient path forward, but be sure to verify this with a wrongful death attorney before making any steps.
A: You are still able to move forward with a wrongful death claim, even when the defendant is also dealing with a criminal case. The civil and criminal processes are separate. The outcome of one case does not necessarily determine how the other one will conclude. For example, a person could be found innocent in a criminal trial but still be held financially liable in a wrongful death claim.
If your family member has recently passed away and you believe there could be grounds for a wrongful death claim, contact our firm today. Mitchell Law Corporation have helped many families secure the compensation they needed to move forward from these tragedies, and we would be honored to support you and your family in the same way.
