Filing a Wrongful Death Claim in California: Process and Timeline
Losing a loved one due to someone else’s negligence or misconduct is a devastating experience that brings both emotional and financial burdens. At the Law Offices of Keith J. Stone, we provide compassionate representation to families seeking justice after a wrongful death. Understanding how the process works in California can help you take informed steps toward accountability and fair compensation.
Who Can File a Wrongful Death Claim
Under California law, certain family members are legally permitted to file a wrongful death claim. These typically include a surviving spouse, domestic partner, or children. If none of these parties are available, others who were financially dependent on the deceased, such as parents or stepchildren, may also qualify.
A wrongful death lawyer in California can evaluate eligibility and guide families through determining who should file and what damages may apply. The claim seeks to compensate for both financial losses, such as funeral expenses and lost income, and the emotional toll caused by the loss of companionship and support. To learn more about attorney Keith J. Stone’s decades of experience representing families, visit his attorney profile.
Understanding the Legal Process
The process begins with an investigation to determine how the death occurred and who is legally responsible. Evidence such as police reports, medical records, and witness statements plays a crucial role in building the claim. Once the responsible party is identified, your attorney will file a wrongful death lawsuit in the appropriate California court.
Throughout the process, legal counsel ensures compliance with procedural rules, manages communications with insurers, and advocates for fair settlements or verdicts. Working with a wrongful death attorney can help you navigate deadlines, collect evidence, and present a strong case. If you are unsure where to start, schedule a consultation with our firm today to discuss your options and protect your rights.
Timeline for Filing in California
In most cases, families must file a wrongful death lawsuit within two years of the date of death, as outlined under the California Code of Civil Procedure Section 335.1. Missing this deadline can prevent recovery, regardless of the strength of the claim.
A wrongful death lawyer in California can help ensure your case is filed correctly and within the statutory timeframe. Some exceptions may apply in some instances, such as those involving government agencies or situations where the cause of death was not immediately known. Because every case is different, legal guidance early in the process is essential to confirm deadlines and preserve your right to pursue compensation.
During this period, your attorney will manage filings, negotiate with insurance providers, and gather supporting evidence to build a strong claim. Acting promptly allows your legal team to protect critical evidence and maintain compliance with state requirements.
Damages Available in a Wrongful Death Claim
A successful wrongful death claim can result in several forms of compensation. These often include medical bills incurred before death, funeral and burial expenses, loss of future income, and non-economic damages for the loss of care, companionship, and affection.
Courts may also consider the age, health, and earning capacity of the deceased when calculating damages. In cases involving reckless or intentional conduct, additional punitive damages may be awarded to punish the responsible party and deter similar behavior in the future. You can read what families say about their experiences with the Law Offices of Keith J. Stone to understand how our firm supports clients through these complex claims.
Why Choose Legal Support You Can Trust
Handling a wrongful death claim requires sensitivity, attention to detail, and a clear understanding of California’s legal procedures. Since 1986, our firm has been committed to helping families in San Diego recover both financially and emotionally after tragic losses, and we take pride in pursuing justice while allowing clients to focus on healing. If you have lost a loved one due to another’s negligence, contact us today to begin your path toward closure and accountability.
