Filing a San Mateo Wrongful Death Action

Filing a San Mateo Wrongful Death Action

Adding a wrongful death lawsuit to your plate after suddenly losing a loved one might seem daunting, especially if you do not have experience with civil litigation. However, pursuing a wrongful death claim can be crucial to preserving your family’s best interests, both now and well into the future.

Filing a San Mateo wrongful death action is a multi-step and often unexpectedly complex process. Seeking guidance from a team of seasoned and compassionate wrongful death lawyers is essential. At Solution Now Law Firm, we will prioritize your well-being and could work to get you the fair compensation you deserve.

Who Is Eligible to File a Wrongful Death Claim?

California law allows a wrongful death claim to proceed when someone passes away as a direct consequence of another person’s act. The claim is based on the fact that the deceased person would have had standing to file a personal injury claim against that other person had they survived the incident.

Rather than recovering for losses sustained directly by the decedent prior to their death—which could be done through survival action—a wrongful death case is meant to compensate close family members of the decedent for losses they will sustain due to their loved one’s premature death.

According to California Code of Civil Procedure § 377.60, the following parties primarily benefit from wrongful death claims:

  • Surviving spouse or domestic partner
  • Surviving child(ren)
  • Surviving grandchild(ren) of a deceased child

If none of these parties are available, the right to file a suit may extend to any person entitled to inherit property from the decedent through the laws of intestate succession.

Those who were financially dependent on the decedent when they passed away may also have standing to file a wrongful death action in San Mateo. This includes:

  • The decedent’s parents
  • The decedent’s stepchildren
  • The decedent’s “putative spouse” and their child(ren)
  • The decedent’s legal guardians if their parents are deceased

Time Limits for Wrongful Death Litigation

The same filing deadlines that apply to all other personal injury cases in California also apply to wrongful death claims. According to Cal. Code of Civ. Proc. § 335.1, there is a two-year filing period for claims of this nature, after which no cause of action may proceed.

It is worth noting, though, that rather than beginning when the named defendant’s wrongful act occurred, the filing period for San Mateo wrongful death actions begins on the date the decedent passed away. Seeking help from seasoned legal counsel sooner rather than later after a wrongful death can be crucial to building and filing a strong claim within applicable deadlines.

A San Mateo Attorney Could Help with Filing a Wrongful Death Action

Wrongful death litigation is stressful under any circumstances, particularly if this is your first time dealing with any kind of civil claim. Fortunately, you have help available from compassionate legal professionals who know how to fight and win on behalf of families like yours. At Solution Now Law Firm, we are dedicated to helping you fight for the justice you deserve.

Filing a San Mateo wrongful death action could be much easier with a team of knowledgeable wrongful death attorneys on your side. Call today for a consultation.

Solution Now Law Firm

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