{"id":6534,"date":"2023-12-05T12:00:38","date_gmt":"2023-12-05T20:00:38","guid":{"rendered":"https:\/\/www.davanalaw.com\/?p=6534"},"modified":"2023-12-12T13:17:35","modified_gmt":"2023-12-12T21:17:35","slug":"4-things-to-know-before-filing-a-wrongful-death-claim","status":"publish","type":"post","link":"https:\/\/www.davanalaw.com\/4-things-to-know-before-filing-a-wrongful-death-claim\/","title":{"rendered":"4 Things to Know Before Filing a Wrongful Death Claim"},"content":{"rendered":"

The descriptor <\/span>wrongful death<\/span><\/i> can confuse legal novices\u2014don\u2019t all deaths feel unfair to some extent? Yet in courtrooms and law offices, <\/span>wrongful deaths refer to instances wherein one party\u2019s negligence or intention<\/span><\/a> results in another party\u2019s demise. The deceased\u2019s friends and family can pursue legal recourse against those they hold responsible, yet the complexity of doing so (in addition to the burden of grief) necessitates expert help. An <\/span>experienced wrongful death lawyer<\/span><\/a> can guide the process and build a strong case to ensure justice.<\/span><\/p>\n

California residents can contact Davana Law Firm for assistance in this and other personal injury cases. While individuals must decide whether to file a wrongful death claim based on their circumstances, Davana\u2019s lawyers take the time necessary to support every client\u2019s needs. Our team has won over 500 personal injury cases, and we charge nothing until your case reaches a successful conclusion. Call (818) 501-1055 to schedule an appointment and <\/span>receive a free legal consultation<\/span><\/a>!<\/span><\/p>\n

Here, we outline essential details to review before you pursue a wrongful death claim:<\/span><\/p>\n

1. The Basics of Wrongful Death Claims<\/span><\/h2>\n

Although the general notion of wrongful death is shared in courts nationwide, each state has specific laws regarding how these claims work. For instance, <\/span>California law states that only certain relations to the deceased may file a wrongful death claim<\/span><\/a>. These relations include surviving spouses, children, grandchildren (if the deceased party\u2019s children are also deceased), minor dependents, and anyone entitled to the deceased\u2019s property.<\/span><\/p>\n

Additionally, different states have distinct statutes of limitations\u2014the time limit in which a wrongful death claim may be filed. <\/span>California\u2019s statute of limitations is 2 years from the date of death<\/span><\/a>, after which eligible parties can no longer receive compensation.<\/span><\/p>\n

2. How to Build a Strong Case<\/span><\/h2>\n

Wrongful death claims are tried in civil court if they go to trial. However, many claimants choose to settle with a defendant\u2019s insurance company outside of court, as insurers often try to avoid going to trial. Yet even during settlement, claimants must establish some basic facts to ensure they receive compensation:<\/span><\/p>\n