how to file a wrongful death lawsuit in California

A loved one’s sudden loss due to another’s negligence can leave you with a profound emptiness and a mountain of questions. While the law gives you the right to hold the liable party accountable, navigating the legal process alone can be challenging. During this time, it’s best to work with an attorney who knows how to file a wrongful death lawsuit and seek fair compensation. 

At the Beliz Law Firm, we can help you get justice after a wrongful death. Our attorneys are here to review your case, advise you of your rights, and identify a path toward healing. 

Contact our firm for a free consultation to learn if you are eligible for compensation. 

The Basics of a Wrongful Death Lawsuit

A wrongful death occurs when someone’s negligence or wrongdoing leads to the death of a loved one. The law allows surviving relatives to file a lawsuit to seek compensation for the financial and emotional burdens they face after this loss. 

Some situations that can lead to a wrongful death claim include:

  • Car accidents—caused by drunk drivers, distracted drivers, or poorly maintained vehicles.
  • Medical malpractice—when a doctor, nurse, or hospital makes a serious error that leads to death.
  • Workplace accidents—due to unsafe working conditions or faulty equipment.
  • Defective products—products with dangerous designs or manufacturing flaws that cause fatalities.
  • Violent crimes—against the perpetrator of a violent crime, regardless of criminal conviction.

If you lost a loved one due to any of these reasons, you may be eligible to file a wrongful death lawsuit. 

How to File a Wrongful Death Lawsuit

Moving forward after a loved one’s death can feel daunting. The Beliz Law Firm can help you with these steps to ensure you file a strong claim.

Determine if You’re Eligible

Not everyone can file a wrongful death lawsuit. California law dictates who has the legal right to seek compensation. This typically includes spouses, domestic partners, and children of the deceased. In some cases, stepchildren, grandchildren, and those eligible for intestate succession can also file a claim. It’s best to speak with an attorney if you have a potential claim. They can assess your situation and determine your best course of action.

Gather Necessary Documentation

It’s important to stay organized and gather documents when filing a claim. This evidence will help you build a strong case. Possible evidence can include the death certificate, police reports related to the incident, medical records, and proof of your relationship to the deceased. Having this documentation readily available will streamline the process and help your lawyer file quickly.

Meet with a Wrongful Death Attorney

You need legal guidance when filing a wrongful death lawsuit. A wrongful death attorney excels in navigating these complex cases. They can review the details of your situation, assess the strength of your claim, and provide a list of options for compensation. At the Beliz Law Firm, this initial consultation is free and comes with no obligations. It gives you a chance to ask questions and understand your legal options. Don’t hesitate to contact our firm to learn more about how to file a wrongful death claim.

File Within the Statute of Limitations

California law imposes a time limit for filing a wrongful death lawsuit, known as the statute of limitations. In most cases, you have two years from the date of your loved one’s death to take legal action. Missing this deadline can permanently bar you from seeking compensation, so it’s vital that you speak with a lawyer as soon as possible to protect your rights. 

Compensation Available After a Wrongful Death

A wrongful death lawsuit can’t replace the loss of your loved one, but it can help ease the financial burden left in their wake. Here’s a breakdown of the various damages you might be able to recover:

  • Medical bills related to the final illness or injury,
  • Lost wages the deceased would have provided,
  • Funeral and burial expenses,
  • Loss of companionship and the emotional support your loved one provided,
  • Loss of guidance and mentorship,
  • Loss of household services your loved one performed,
  • Loss of inheritance you may have expected to receive,

Remember, each case is unique, so the specific compensation you can recover depends on your case. An experienced wrongful death attorney from the Beliz Law Firm can evaluate your situation and calculate the maximum compensation you deserve.

"Are you searching for a lawyer for a family member or friend? We can help, we work with you to ensure your loved one receives the best representation possible?" Call Today

Schedule Your Free Consultation

Losing a loved one can lead to immense emotional and financial burdens. The Beliz Law Firm can help you hold the liable party responsible and seek compensation for your hardships. With nearly 20 years of experience, our dedicated wrongful death attorneys know how to file a wrongful death lawsuit and get results for clients. Call today to speak with a California wrongful death lawyer.

Author Photo

Michael Beliz

Michael A. Beliz, Esq., established The Beliz Law Firm in the spring of 2011.  Michael has been a practicing attorney since 2006 and worked for two of the most prominent plaintiff’s personal injury law firms in Southern California.  He has worked on and handled hundreds of cases as an attorney in all types of personal injury cases, including vehicle accidents, pedestrian accidents and dog bites, and successfully recovered millions of dollars for his clients.

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