Reviewed by Adrianos Facchetti, Esq. CA Bar #243213. This webpage has been reviewed to ensure it is accurate, legally clear, and helpful for those considering a wrongful death lawsuit in Inglewood. Check out Adrianos Facchetti’s California Bar membership via the California State Bar lawyer directory.
A preventable death changes everything overnight. Funeral costs arrive before anyone has time to think clearly. Household income stops. Someone has to figure out whether a claim is even possible and who actually has the legal right to bring it.
An Inglewood wrongful death lawyer can help answer those questions. California law limits who may file a wrongful death claim, and specific deadlines apply depending on who caused the death. What a family can recover depends on the actual facts, the evidence available, and the losses the family has genuinely experienced.
The Law Offices of Adrianos Facchetti, working as an Inglewood Personal Injury Lawyer, offers a free, confidential case review to help families understand what options may apply, and accepted cases are handled on a contingency basis with no attorney fee unless compensation is recovered.
When a Death May Give Rise to a California Wrongful Death Claim
Wrongful death claims usually occur where the death is caused by an action by a party that may have been negligence, recklessness, or any other form of wrongdoing. The death may be caused by a fatal accident involving a vehicle, defective products, or hazardous premises, among others. However, every fatal accident is not a basis for a wrongful death lawsuit.
The liability of a party cannot be assumed based on a fatal accident but needs to be proven through evidence indicating the responsibility of the party for what occurred. There are some accidents that are as a result of circumstances beyond the control of a third party or the person who died.
Which Family Members May Bring the Claim?
According to California Code of Civil Procedure § 377.60, there is a very limited list of individuals with the legal authority to file a wrongful death action. In no way is this type of lawsuit open for filing by any distressed relative of the deceased.
In most cases, the legal standing is given to a spouse of the deceased person or to his/her domestic partner and children. The statute also includes children of the deceased’s child, in certain cases. If all these people do not exist, then those relatives who would be entitled to receive inheritance according to California laws of intestate succession may have the standing, and in some cases others.
There are complex family relationships that can complicate the issue of who can file the lawsuit: blended families and adult children from previous marriages, as well as dependency issues of somebody who was not married to the deceased.
Which Losses May Be Included In a Wrongful Death Claim?
Under California law, a variety of losses may be included within a wrongful death claim, but only those losses that are relevant to your particular situation.
- Costs for funeral/burial services
- Loss of the income that would have been received by the family members
- Loss of household services performed by the deceased
- Loss of companionship
- Loss of guidance/care/affection/parental control (legally applicable)
There is no average value of wrongful death settlement that will determine the value of any other family’s claim. This is due to the facts of each case and will depend on evidence and the actual relationship between the family and the deceased, as well as his/her financial contributions to the family.
Evidence That Can Matter After a Fatal Accident
Wrongful death claims are based on evidence, and some of them should be secured immediately.
- Police/Incident Report
- Pictures or videos from the site of the occurrence
- Information about witnesses
- Surveillance tapes
- Medical records
- Death certificate
- Work and income information
- Insurance details
- Vehicle/evidence of product, if any
- In case of dispute, expert testimony
There is some evidence like surveillance tape, electronic records, damaged products, or even vehicle information, which could vanish or alter if not preserved right away. In case the death is due to an accident involving vehicles, our Inglewood Car Accident Attorney resource page can provide you with more information about it.
Deadlines Can Change Depending on Who Caused the Death
Wrongful death claims against a private party in California will normally be subject to a limitation of two years according to California Code of Civil Procedure § 335.1.
A wrongful death claim against a public agency will be governed by different rules because it requires an administrative claim to be filed long before a personal injury case is filed. This may occur even after six months according to California Government Code § 911.2. The right deadline may depend on the particular circumstances and the defendant, so it is important to find out the proper deadline at the very beginning.
Free Case Review for a Wrongful Death Claim in Inglewood
A free case review will involve an evaluation of what really happened, potential claimants, and responsible parties. We will help you determine evidence to collect before it disappears and discuss the relevant time limits for your particular circumstances. Our team will also take the time to answer all your questions related to the claim process.
The initial consultation is free of charge, and our office charges a contingent fee if we accept a case for representation; that means we are only compensated if we win compensation for your family. Contact us at the Law Offices of Adrianos Facchetti to discuss your situation privately.
Inglewood FAQs Regarding Wrongful Death Cases
Who can make a wrongful death claim in California?
As a general rule, it’s either the deceased’s surviving spouse, domestic partner, or children. In situations where such individuals aren’t around, other family members who stand to inherit under California law may have grounds for filing the claim, based on the nature of the family.
How much money does one receive as a settlement from a wrongful death claim in California?
There is no reliable average because each wrongful death case will vary greatly depending on the circumstances of the accident, evidence, and more. Therefore, an estimate of how much you could receive is irrelevant.
Is it difficult to make a wrongful death claim?
That really depends on the specific situation. Some wrongful death claims will be straightforward in proving negligence, while others might require more evidence than the available one. To build a solid wrongful death claim, early investigation will be key.
How much can one sue for in a wrongful death case?
The state allows recovery of damages, including expenses, loss of support, loss of services, and loss of consortium; however, the exact amount will depend on the losses incurred by the family in the specific case.
What is the necessary evidence in making a wrongful death claim?
Evidence includes police reports, photos, witness statements, medical records, death certificates, and records of income. Where the accident is associated with the vehicle or a product, physical evidence and expert opinion may be essential too.
Does the lack of criminal proceedings preclude the filing of a wrongful death claim?
No. Wrongful death lawsuits and criminal cases are separate and independent processes. It’s possible for families to file a civil claim even when criminal charges haven’t been laid.
What is the statute of limitations for filing a wrongful death case in California?
Generally, it’s two years from the date of the accident in case it’s against a private defendant. However, where there is a potential for a public entity to be liable, an administrative claim will need to be filed much earlier, in most cases within six months.
How much will an Inglewood wrongful death lawyer charge for legal fees?
The Law Offices of Adrianos Facchetti offers a free consultation, and we do not charge any attorney fee at the beginning. The cases are taken on a contingency basis.
