Losing a loved one is an incomprehensible tragedy, especially if someone else’s fault caused it. While nothing you do can bring back your loved one, you can get some justice for them through a wrongful death claim or lawsuit. Under California law, family members or representatives of the deceased’s estate are allowed to file a wrongful death lawsuit. At the King Law Firm, we have the legal knowledge and experience to help you seek justice for your loved one.

Different Categories Of Wrongful Death Cases
A wrongful death occurs when an individual dies as a result of the misconduct, wrongdoing, or negligence of another party.
There are various types of wrongful death claims:
- One of the most common cases is medical malpractice, where the healthcare professional or facility fails to provide the standard of care, ending in the death of the patient.
- Another common cause of wrongful death is traffic accidents. Not obeying traffic laws or reckless driving can cause fatalities, and the at-fault party could be held liable for wrongful death.
- Defective equipment or other dangers at the workplace lead to a wrongful death. The surviving family members of the deceased employee have the right to file a wrongful death lawsuit against the employer for the passing of their loved one.
- Other common forms of wrongful death cases involve nursing home abuse, slip and fall accidents, product liability, and criminal acts.
Filing a Claim in California for Wrongful Death: The Process
The line of action for filing a wrongful death lawsuit in California begins with determining eligibility and establishing legal grounds. You can work with an experienced attorney to determine whether the death was caused by negligence, misconduct, or willful harm and legally qualifies as a wrongful death.
Once you have established the legal grounds for a wrongful death claim, you are eligible to file a claim detailing the facts of the case and the damages sought. You will need to file the claim at the appropriate California court within the statute of limitations.
Additionally, you must notify the defendant of the lawsuit by serving the complaint and summons. The case enters the discovery phase, where both pirates exchange information, gather evidence, and further investigate the wrongful death case. You can engage in negotiations with the defendant’s legal team to settle. There are a few key advantages of settling the case, including having more control over the outcome.
However, if you are not getting full and fair compensation, you should take the case to trial and allow the court to render a verdict. Our wrongful death attorneys can provide you with more details about the legal process for a wrongful death claim.
Statutes Of Limitations And Other Legal Considerations
In California, you have two years from the date of the deceased’s passing to file a wrongful death case. If the appropriate legal action is not initiated within this time frame, you may forfeit your right to seek compensation through a wrongful death claim.
However, there are several exceptions and specific circumstances that can affect this time limit. For instance, if the cause of death was not immediately known, the statute of limitations might be extended. Additionally, if the person entitled to file the lawsuit was a minor at the time of the death, the limitation period could be tolled until they reach the age of majority.
Furthermore, if the wrongful death claim is against a government entity, the time frame for filing may be significantly shorter, often requiring a claim to be filed within six months. Understanding these nuances is crucial, and seeking guidance from a seasoned attorney can ensure that you adhere to all relevant deadlines and preserve your right to compensation.
Under California law, those eligible to file a wrongful death claim typically include the surviving family members and dependents of the deceased person. The personal representative of the deceased estate is also permitted to submit a claim on behalf of the estate. If the mentioned parties are unavailable, the claim can be filed by the putative spouse, children of the putative spouse, stepchildren, or legal guardians.
Please consult with our wrongful death attorney to learn more about the statute of limitations and other legal considerations for wrongful death cases in California.
Potential Compensation Available In Wrongful Death Cases
The types and amount of compensation in wrongful death cases depend on several factors. The economic damages include medical expenses related to the deceased’s injury or illness before they passed away. The funeral and burial expenses can also be claimed in a wrongful death claim.
If the deceased person provided financial support, the dependents could claim compensatory damages for their economic losses in terms of lost wages, pensions, retirement benefits, commissions, and other forms of financial support.
The non-economic damages include intangible losses suffered by the surviving family members. For instance, you can claim compensation for loss of companionship, loss of guidance, pain, and suffering as a result of wrongful death.
Benefits Of Hiring A Local Westlake Village Wrongful Death Lawyer
As an established wrongful death attorney in Westlake Village, our team has extensive legal experience in handling such cases. We are committed to providing you with legal guidance and support at every stage of the process, including:
- Gathering all available evidence pertinent to the case or situation.
- Negotiating strategically with the opposing party to maximize the favorable outcome of your legal case by skillfully navigating and leveraging various legal and factual aspects of the situation.
- Easing the burden by managing the more laborious aspects of a wrongful death claim
- Diligently prepare and file all legal paperwork and monitor all legal requirements
Seek consultation with a skilled attorney focusing on wrongful death cases in Westlake Village.
Navigating a wrongful death claim in California can be challenging as there are various laws, filing requirements, the need to gather solid evidence, and negotiations with the opposing party. It is best to involve an experienced wrongful death attorney early in the process.
With our extensive legal experience in wrongful death cases and our unwavering commitment to getting our clients the justice they deserve, our wrongful death lawyers can get you the best possible outcome for your case.
To learn how the King Law Firm can help you seek justice for the wrongful death of a loved one, don’t hesitate to contact us to schedule an initial consultation. We will assess your case to guide you in choosing your best legal options. If settling the case through negotiations is not successful, our personal injury lawyers can prepare to take the case to trial to let the court render a verdict. For assistance with personal injury cases, explore the services we offer on our Westlake Village personal injury page.