Losing a loved one because of someone else’s negligence is one of the most painful experiences anyone can face. Amidst shock, sadness, and unanswered questions, many families also wonder what to do next and whether the law offers a path forward.
At Wells Call Injury Lawyers, we help families across California find answers and take action after a tragic loss. With more than 40 years of experience and hundreds of millions of dollars recovered, we know how to guide grieving families through the process of filing a wrongful death claim with clarity, compassion, and results that make a difference.
If you’re searching for information on how to file a wrongful death claim, you’re likely trying to get your bearings during one of the most difficult times of your life. This blog will walk you through who can file, the steps in the process, and why working with an experienced team like Wells Call Injury Lawyers can help ease the burden while protecting your family’s future.
How Do You File a Wrongful Death Lawsuit in California?
A wrongful death claim is a civil lawsuit brought by surviving family members when a person dies due to someone else’s negligence, recklessness, or intentional act. If you’ve lost a loved one and believe another party is at fault, here’s a step-by-step guide to help you understand how the legal process works and how to get started.
1. Talk with an Experienced Wrongful Death Attorney
Before taking any legal steps, you should speak with a wrongful death lawyer who can assess your case and explain your rights. A qualified attorney will help you understand whether you’re eligible to file, what types of compensation you can pursue, and how to move forward. They’ll also begin gathering time-sensitive evidence and identifying who may be legally responsible.
2. Determine Who Can File the Lawsuit
Not everyone close to the deceased is legally allowed to file a wrongful death lawsuit. The individuals permitted to bring the claim include:
- The surviving spouse or domestic partner,
- The deceased’s surviving children, and
- Grandchildren, if the deceased’s children are also deceased.
Other people who were financially dependent on the deceased may also be eligible to file. These individuals may include parents, legal guardians, stepchildren, putative spouses, and putative children.
Only one wrongful death claim can be filed, but multiple eligible family members can be included. If you’re unsure whether you qualify, an attorney can clarify your legal standing and help you understand your rights.
3. Investigate the Cause of Death
Your attorney will conduct a thorough investigation to determine what caused your loved one’s death and who may be legally responsible. This investigation may involve:
- Reviewing medical records,
- Analyzing police or accident reports,
- Interviewing witnesses,
- Taking photographs,
- Gathering video surveillance or other evidence, and
- Consulting with accident reconstructionists or medical experts.
A successful wrongful death claim must show that the defendant’s negligence or wrongdoing caused the death.
4. Identify All Liable Parties
Sometimes, liability is clear, such as when a drunk driver causes a fatal crash. However, in other cases, multiple parties may share responsibility. For example, a subcontractor and equipment manufacturer might be at fault in a fatal workplace accident.
Identifying all potentially liable parties helps maximize the compensation available to the surviving family.
5. Determine the Full Extent of Damages
Before filing the claim, your lawyer will work with you to document the full range of losses you’ve suffered. Damages in a California wrongful death claim may include:
- Funeral and burial expenses;
- Loss of the deceased’s financial support;
- Loss of companionship, care, and support; and
- Emotional pain and suffering of surviving family members.
Your attorney will help build a clear picture of how your loved one’s absence has affected your life so your claim can fully account for those losses.
6. Send a Demand Letter
Before filing a formal lawsuit, your attorney sends a demand letter to the at-fault party or insurance company. This letter outlines the facts of the case, explains why the party is legally responsible, and details the damages being claimed.
The purpose of the demand letter is to give the other party a chance to resolve the matter out of court. It provides an opportunity to reach a fair settlement without the time, expense, and stress of litigation.
7. Negotiations
After the demand letter is sent, the other party (usually through their insurance provider or legal representative) may respond with a settlement offer. In many wrongful death cases, this begins a negotiation process where both sides try to agree on compensation without going to court.
Your attorney will handle all communication and negotiations on your behalf, using evidence, legal arguments, and expert input to push for a full and fair settlement. If the parties can agree on a reasonable amount, the case may be resolved at this stage.If not, your attorney will prepare to move forward with litigation.
8. Filing a Wrongful Death Lawsuit
If a fair settlement cannot be reached during negotiations, your attorney will move forward with filing a wrongful death complaint in the appropriate California civil court. This complaint typically includes:
- Identification of all parties;
- A factual summary of what happened and how the death occurred;
- The legal basis for the claim, such as negligence, recklessness, or intentional wrongdoing; and
- A description of the damages being sought.
Filing the complaint officially starts the civil litigation process and sets important deadlines in motion, including court scheduling, discovery, and pre-trial conferences.
Why Timely Filing Is Essential
It’s important to understand that wrongful death lawsuits in California are subject to a strict statute of limitations. In most cases, you have two years from the date of your loved one’s death to file a lawsuit. If you miss this deadline, the court may refuse to hear your case, no matter how strong or clear the liability may be.
So, involving a wrongful death attorney early is essential. In addition to helping you present the strongest claim possible, an attorney will help ensure you meet all deadlines and procedural requirements.
Contact Wells Call Injury Lawyers for Help with a Wrongful Death Claim
Filing a wrongful death claim isn’t just about compensation. It’s about getting clarity, accountability, and the resources your family needs to move forward. At Wells Call Injury Lawyers, we handle the legal side so you can focus on what matters most. We’ll guide you on how to file a wrongful death lawsuit, keep you informed, and work tirelessly to seek the outcome your loved one deserves. Our team takes pride in being accessible, compassionate, and prepared for even the most complex cases.
If you’re ready to explore your legal options, contact us today. There’s no cost to speak with us and no fees unless we recover compensation on your behalf. Let’s take the next step together.