How does a California wrongful death lawsuit work?

The way your wrongful death case will proceed is unique to the circumstances of your case. In many instances, your case will never go to trial (that’s usually a good thing as it saves time and money) but will end with an agreeable settlement arrangement. In other instances, your case will go to trial and while this often makes the process longer, we work hard to make sure that things move as quickly as possible. We tailor to what our client wants and what will get the best results.

As your attorneys we will handle everything from beginning to end and bother you as little as possible throughout the process (although we makes ourselves available 24/7 for anything you need). We know what you are dealing with and the need to grieve is a very important part of your own recovery process. We also know how helpful a financial settlement can be and will work hard to get you an amount you will be very happy with.

Who can file a California Wrongful Death Lawsuit?

Here’s a look at the main categories of individuals that can file a wrongful death lawsuit in California:

• The surviving spouse
• The surviving partner
• The children of the deceased
• Putative spouse, partner and children
• Individuals financially dependent on the deceased (for instance, stepchildren)
• Individuals that would be entitled to the property by intestate succession laws

Statute of Limitations

One thing you want to do immediately is be aware of the time limit you are up against. You know that someone or something was responsible for the death of your loved one but you really aren’t in a position to try to get everything organized and speak to an attorney about the traumatic event. We get it. But unfortunately, the law is not as sympathetic in giving you the time you need. California Code of Civil Procedures 335.1 only gives you two years from the injury or death to file a lawsuit. If you are dealing with a medical malpractice of government agency, different time limits are in place. We know you don’t want to deal with the legal aspect of things which is why when you hire us, we take care of absolutely everything.

If you are close, far or past this two year mark, give us a call and let’s try to figure something out. There are a handful of exceptions to this time limit that are also important to know:

Contingency fee arrangements

You don’t pay ANYTHING for your legal representation from the Walch Law Firm until we get you paid. We front all the costs from the filing fees to expert witnesses and everything in between to make sure we are presenting your strongest case possible. We know that no amount of financial compensation will ever make up for your loss. What a contingency fee arrangement does is to help remove any financial stress placed on you and your family during this difficult time.