Filing a California Wrongful Death Claim

Serious car or truck accidents, sub-par medical treatment, and other devastating events can cost someone their life. It’s not just the deceased who is affected. The death affects an entire family. It could mean the loss of the only income. It could mean children lose their only parent. It could mean that parents lose their…
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Filing a California Wrongful Death Claim

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Serious car or truck accidents, sub-par medical treatment, and other devastating events can cost someone their life. It’s not just the deceased who is affected. The death affects an entire family. It could mean the loss of the only income. It could mean children lose their only parent. It could mean that parents lose their child. When someone dies in California because of the negligence of another person, the family who was left behind may have a wrongful death claim that they can pursue.

California Wrongful Death Claims Are Civil Lawsuits

Sometimes, when a person dies because of an accident, the state may file charges against the person that they believe caused the accident and the death. Sometimes, however, the state doesn’t charge the other person with a crime. Even if they do, the family doesn’t get financially compensated for their loss.

In a California wrongful death claim, you’re filing a civil lawsuit against the person that you believe acted in a way that was negligent that caused the death of your loved one. Even if the state brings criminal charges, the family of the victim may be able to file a civil wrongful death claim.

Who Can File a California Wrongful Death Lawsuit?

Only certain people who were related to the victim can file a wrongful death lawsuit in California. The California wrongful death statute says you can only file a wrongful death claim if you are:

  • The surviving spouse, putative spouse, or domestic partner
  • Surviving children
  • Step-children if they were financially dependent upon the deceased
  • The parents of the deceased (although if the deceased is an adult, this may be legally limited by intestate claims unless the parents were financially dependent upon the deceased)
  • If the deceased was unmarried and had no children, anyone who would be considered eligible for part of the deceased’s estate through the laws of intestate succession

There Is a Time Limit

In California, there is a time limit, or statute of limitations, for filing a wrongful death lawsuit. The lawsuit must be filed within two years of the death unless the person filing the lawsuit was a minor at the time the death occurred.

If your loved one was killed in an auto accident, pedestrian accident, or other type of accident that was not their fault, contact the experienced attorneys at Ghozland Law Firm today.

 

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Our employment & personal injury attorneys recognize that the individuals we work with are typically going through overwhelming and stressful times in their lives. When an individual hires us, we strive to provide the client with the strong legal representation and effective counsel they need to receive fair and just compensation. Our experienced attorneys are dedicated to helping our clients in their time of need. Our employment & personal injury team is comprised of well-respected lawyers who have been involved in several multi-million dollar settlements, earning us membership in the Million Dollar Advocates Forum®. This further demonstrates our ability to take on complex accident cases.

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I would like to say what a Awesome Law Firm. I Highly recommend GLF to my family and friends and everyone else. I had a unique case and they worked very hard for me and came THRU. Again thank you for always answering my calls and questions. Special thanks to Mike Ghozland.

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With over 40 years of experience, we have handled many slip and fall cases. I can provide you with the caliber of legal services that is normally available only to large companies, due to my experience in large-scale litigation that has resulted in awards of millions of dollars on many occasions. In 2014, Michael Ghozland was named “Street Fighter of the Year” by Consumer Attorneys of California in 2014. Because of my outstanding trial record, winning your case will probably mean obtaining a private settlement, with no need to ever step into a courtroom. Insurance companies know my reputation, and most of them would rather settle than face me in a slip and fall lawsuit.