The loss of a family member at the hands of another person or business is simply unacceptable. Your family will never be the same. Our California wrongful death attorneys cannot fix that, but we can get justice for you.
At Meissner Law Firm, we are the firm locals turn to when they need a proven, reliable, compassionate California personal injury attorney to guide them through the toughest of situations. We offer free consultations.
Why Choose Us at Meissner Law Firm?
Founded in 1985, Meissner Law Firm has consistently worked to meet victims’ needs. Over 40 years of experience, we have helped our clients navigate unfair treatment by large insurance companies and rebuild their lives after preventable losses. Our firm has recovered over $200 million for our clients.
We believe in providing our clients with more than just legal representation. We care about your future and your needs. Our award-recognized legal team provides you with the confidence you need in the most difficult of situations.
Who Can File a Wrongful Death Claim in California?
In California, a wrongful death claim may be brought by the close family members of the person who lost their life. Under the Code of Civil Procedure §377.60, the spouse of the person who lost their life has the right to seek legal action. This may include a legally recognized domestic partner as well. If these do not exist, the children may also seek legal action.
In situations where there is no spouse or child, the parents, and then the siblings, can seek a claim. Putative spouses, stepchildren, and others who are financially dependent on the individual may seek a claim. The executor or administrator of the estate can also file a claim against the at-fault party on behalf of the estate.
How Do I Prove a Wrongful Death Case in California?
To prove wrongful death, we establish that negligence occurred, meaning:
- The party owed your loved one a duty of care
- They failed in that duty of care
- The failure is the direct cause of the accident
- The accident resulted in their death
To do this, we must show with a preponderance of evidence that the other party was negligent, reckless, or was intent in causing the death of the other party. Our California wrongful death attorneys will gather as much evidence as possible to demonstrate that this occurred.
How Long Do I Have to File a Wrongful Death Claim in California?
The statute of limitations in California for a wrongful death claim is two years from the date of the death in most situations. However, there are some exceptions to this rule. If you are seeking a claim against a government entity, you must notify that entity immediately, and you may only have six months to file a claim.
In cases of medical malpractice, the family has just one year from the date of the injury or when the death was discovered, or three years maximum. In a situation where the heir is under 18, the law provides them with a 2-year period starting on their 18th birthday.
Call a Skilled California Wrongful Death Attorney Today
You deserve answers and support. Our California wrongful death attorneys provide free case evaluations with no obligation. Even if you are not sure, request a free consultation. At Meissner Law Firm, we charge you nothing until we win your case.