Filing a wrongful death lawsuit is tough—there’s no way around it.
You’re already dealing with grief, and now you’re expected to navigate a legal system that feels more like a maze than a path to justice.
It’s complicated, emotionally draining, and far from the first thing you want to consider. But you’re likely ready to take that step if you’re here.
This guide will walk you through the essentials of how to file a wrongful death lawsuit in California, laying out each step clearly so you can focus on holding the right people accountable without getting lost in the process.
If you would like to connect with an experienced California wrongful death attorney for a free consultation, please call us at (408) 848-2208 or reach out online. We’re eager to assist you.
What is a Wrongful Death Lawsuit in California?
A wrongful death lawsuit in California is a civil action by the survivors of an individual who has died because of another party’s negligent, reckless, or intentional conduct. The purpose of a wrongful death lawsuit is to hold the responsible party accountable and to provide financial compensation for the survivors’ losses.
These can include loss of financial support, funeral expenses, and compensation for the emotional suffering the death causes. In California, wrongful death claims can arise from a variety of situations, including car accidents, medical malpractice, workplace accidents, and defective products.
Can You Explain How to File a Wrongful Death Claim?
We’d be happy to. Reviewing these steps in a wrongful death lawsuit will help you know what to expect from beginning to end.
Consult with an Attorney Before Filing a Wrongful Death Lawsuit
Consulting with a wrongful death attorney at Gonzalez & Jones, APC, early on can significantly impact your case. We assess your claim’s strength, clearly explain your legal rights, help you gather the proper evidence, and handle the lawsuit’s technical aspects, allowing you to focus on your emotional well-being and family.
Determine Your Eligibility
California law lays out qualified parties to a wrongful death claim. Before filing a wrongful death lawsuit, ensure that you meet the criteria for eligibility. If you’re unsure, consult an experienced wrongful death attorney at Gonzalez & Jones, APC.
Identify the Party Responsible
One of the most crucial steps in filing a wrongful death lawsuit is determining the party legally responsible for your loved one’s death. A wrongful death occurs when someone’s negligent or wrongful actions lead to the loss of life.
In practice, plaintiffs often bring wrongful death lawsuits after car accidents caused by reckless drivers, medical malpractice by healthcare professionals, workplace accidents from unsafe conditions, or fatal injuries from defective products.
Identifying the responsible party is essential, as they will be the defendant in your claim. Your attorney can help investigate the circumstances of your loved one’s death and hold all liable parties accountable.
Investigate and Gather Evidence
This element is one of the most critical steps in how to file a wrongful death claim. Strong, persuasive evidence is vital to building a solid wrongful death case. It’s not enough to show that your loved one passed away—you must demonstrate that someone else’s negligence or intentional actions directly caused their death.
Establishing this connection might involve collecting witness statements, accident reports, video footage, medical records, or expert testimony. Moreover, gathering the proper evidence early in the process can significantly strengthen your wrongful death lawsuit.
Send the Defendant a Demand for Compensation
Once you’ve gathered sufficient evidence, the next step is formally demanding compensation. Attorneys typically do this through a demand letter sent to the responsible party or their insurance company, outlining the case facts, damages, and compensation sought. Damages can include medical expenses, funeral costs, lost income, and the family’s emotional pain. This demand allows the defendant to settle the case without going to court.
File the Complaint
If your attorney can’t reach a fair settlement, they will proceed with filing a lawsuit, which involves submitting a formal complaint in the appropriate court. A statute of limitations in California limits your time to file a wrongful death lawsuit.
With some exceptions, typically, you have two years from the date of death. Since you could lose your right to recover damages if you miss this deadline, working with a skilled lawyer at Gonzalez & Jones, APC, will ensure your complaint is filed promptly.
Pretrial Discovery and Negotiation
Next, the pretrial process begins. This phase includes discovery, during which both parties exchange information and evidence. During this time, it’s common for the defendant to offer a settlement. Many wrongful death claims settle out of court to avoid the time, expense, and uncertainty of trial. If the defendant offers a settlement, your attorney will help you decide whether to accept it or continue fighting for more compensation.
Go to Trial
If settlement negotiations fail, the case will proceed to court. Both sides will present their arguments, evidence, and witness testimony to a judge or jury during the trial. The judge or jury will then decide whether the defendant is liable for your loved one’s death and, if so, the amount of damages to award.
Collect Damages
If you win your case or settle, the final step is collecting the damages.
Damages in wrongful death lawsuits may include:
- Funeral and burial expenses;
- Loss of the deceased’s financial contributions to the family;
- Loss of love, companionship, and guidance; and
- Emotional suffering endured by family members.
If the court orders the defendant to pay, your attorney will ensure the compensation gets distributed according to the court’s ruling.
At Gonzalez & Jones, APC, Your Loss Matters
We understand that losing a loved one due to someone else’s negligence is deeply painful. For over 40 years, our family-run boutique firm has been committed to standing up for families, protecting their rights, and ensuring their voices are heard.
We offer personalized legal support backed by trusted expertise, helping you navigate the complexities of a wrongful death claim. Contact us today for a free case review to learn more about the firm and get professional insight into your claim.
You can directly call us at (408) 848-2208 or reach out to us online. When you work with us, you’ll connect directly with an experienced attorney who will stand by your side throughout the process, fighting for the compensation and accountability your family deserves.