Wrongful Death Claim in California: Basic Guide 2024

In this article, we’ll explore the essential steps involved in a wrongful death claim in California. We understand that the loss of a loved one is a painful and complex topic. That’s why we aim to provide the most accurate information so that, if you’re going through this difficult process, you can do so with as much clarity as possible.

A wrongful death attorney can not only help you obtain financial compensation but also offer objective guidance during a process that can be lengthy and particularly challenging given the nature of the loss.

My Lawyer Mark stands out for having a team of Hispanic accident attorneys. In addition to providing high-quality legal services in Spanish, you’ll have professionals by your side who understand your unique cultural background, customs, and specific needs as a Latino living in the United States.

If you’re going through the difficult time of losing a loved one in an accident and need legal support, call us at (866) 721-5808. The consultation is free, anonymous, and in your language.

Wrongful Death Claim Step by Step

Step 1: Obtain the Death Certificate

After your loved one’s passing, the first essential step is to obtain their death certificate. This certificate is crucial to initiating a wrongful death claim in California. You can obtain it in two ways:

• Online:
  Visit the website of the County Recorder’s Office where the death occurred. Most counties in California allow you to request copies of death certificates online. You can find a list of these websites on the California Department of Public Health’s site. The online process typically takes 5 to 10 business days.
• In-Person:
  Visit the County Recorder’s Office where the death occurred. In most cases, in-person requests allow you to receive the death certificate immediately after submitting the request and payment. However, some counties may take a few days to process the request.

Who Can Obtain a Death Certificate?

Anyone can request an informational copy of a death certificate, but only certain individuals can request a certified copy:

• Immediate family members of the deceased.
• The executor of the deceased’s estate.
• Anyone with a legal interest in the deceased’s estate.
• Government agencies requiring it for legal purposes.

What If the Deceased Was Undocumented?

There are no additional or different requirements to obtain a death certificate for an undocumented individual in California. The process is the same for everyone, regardless of immigration status. This does not prevent you from starting a wrongful death claim.

Step 2: Consult an Attorney

An initial meeting with a wrongful death attorney allows the professional to evaluate your case’s merits, understand the circumstances surrounding the death, and determine the best legal strategy moving forward. Choosing an attorney experienced in wrongful death cases is crucial, as they will have a deep understanding of the law and how it applies to your specific situation.

Step 3: Investigation and Evidence Gathering

Once you decide to proceed with your case, your attorney will conduct a thorough investigation of the wrongful death. This involves gathering evidence such as medical records, police reports, and witness statements. The goal is to build a strong case by establishing the defendant’s negligence and demonstrating how it led to your loved one’s death.

Step 4: Filing the Lawsuit

After sufficient evidence is collected, the next step is to formally file a wrongful death lawsuit in the appropriate California court. This legal document, known as a complaint, outlines the basis of your claim, the damages you’re seeking, and why the defendant is responsible for the wrongful death. The defendant will then have the opportunity to respond to your complaint.

Step 5: Discovery Phase

The discovery phase follows the filing of the lawsuit. During this period, both parties exchange information and evidence related to the case. This may include interrogatories (written questions), depositions (sworn interviews), and requests for documents. Discovery is essential for uncovering additional evidence and understanding the defendant’s arguments.

Step 6: Negotiations and Mediation

Many wrongful death cases are resolved outside of court. Your attorney will negotiate with the defendant’s insurance company or legal representatives to reach a fair settlement. If negotiations fail, mediation may be pursued. Mediation involves a neutral third party helping both sides attempt to reach an agreement.

Step 7: Trial

If no settlement is reached, the case proceeds to trial. During the trial, both parties present their evidence and arguments to a judge or jury. While the trial process can be lengthy, it offers the opportunity for a public verdict and potentially higher compensation.

Step 8: Settlement or Verdict

The wrongful death claim concludes with either a settlement or a trial verdict. A settlement is an agreement reached between the parties, while a verdict is a decision made by a judge or jury. If the verdict is in favor of the plaintiff, the court will determine the amount of compensation to award.

Step 9: Collecting the Award

Finally, once a settlement is reached or a verdict is awarded, steps must be taken to collect the compensation. This may involve negotiating payment terms or taking additional legal action if the defendant refuses to pay.

Who Can File a Wrongful Death Claim in California?

California’s wrongful death law grants certain individuals the right to file a claim. Priority is given to:

• The deceased’s surviving spouse or domestic partner.
• Surviving children.
• Grandchildren of any deceased child of the decedent.

If there are no survivors in the priority group, a wrongful death claim can be filed by anyone “entitled to the property of the deceased by intestate succession,” meaning anyone legally allowed to inherit the deceased’s property if they died without a will. This group can include parents and siblings of the deceased.

Individuals financially dependent on the deceased may also file a wrongful death claim in California if they can prove financial dependence on the deceased.

How Much Is a Wrongful Death Claim Worth in California?

In California, wrongful death settlements generally range from $250,000 to $500,000. However, these figures can vary based on the unique circumstances and complexities of each case. Wrongful death claims often involve significant sums due to the nature of the loss.

It’s not uncommon for wrongful death claims in California to be resolved for six- or seven-figure amounts. Factors such as the degree of negligence, the deceased’s income and potential future earnings, and non-economic damages like pain and suffering play a vital role in determining the final settlement amount.

Your attorney’s legal experience and negotiation skills will also significantly influence the outcome. When making such critical decisions, play it safe and hire the best accident attorneys in Los Angeles and Southern California. Call My Lawyer Mark at (866) 721-5808 and start your claim as soon as possible.