Filing a Westlake Village Wrongful Death Action

No one wants to be responsible for assigning a dollar value to a family member’s life so that it can be financially incorporated into a wrongful death lawsuit. However, if you have found yourself facing this tragic situation, managing the process of a wrongful death claim effectively and efficiently could be vital to protecting not just your best interests but also those of your surviving family members.

The process of filing a Westlake Village wrongful death action is similar to the process for a standard personal injury claim in some ways but very different in others. Regardless, if you want to minimize the stress this experience puts your family through and maximize the restitution you could receive from it, you should seek help from a compassionate wrongful death attorney as early as possible in the legal process.

Unique Rules for Filing Wrongful Death Claims

Typically, the only person with standing to sue over an injury caused by another person’s negligence is the injured individual. However, if an injured person is unable to represent their own best interests in court, a close family member or other trustworthy court-appointed figure could file suit on their behalf. A similar rule applies to wrongful death litigation, as California Code of Civil Procedure § 377.60 allows only the following people to file or recover compensation through such a claim:

• The decedent’s lawful spouse, putative spouse, or state-registered domestic partner
• The decedent’s children or their grandchildren if there are no surviving children
• Any minor child who was dependent on the decedent for 50 percent or more of their regular financial support
• Any other person with standing to inherit property from the decedent under California’s intestate succession laws

People with standing to file wrongful death actions in Westlake Village usually have a maximum of two years from the decedent’s date of death to formally begin the legal process.

Collecting and Presenting Relevant Evidence

In addition to helping navigate through legal and procedural obstacles such as the ones mentioned above, legal counsel could also help construct the strongest possible wrongful death claim based on all available evidence. Anyone filing a Westlake Village wrongful death claim will need evidence showing that a specific irresponsible or illegal act by a specific person directly caused their loved one’s death. A legal representative could help find and preserve relevant information, such as:

• Witness testimony
• Surveillance camera footage
• Police reports

However, an attorney could also help with the less obvious and sometimes more upsetting aspects of evidence collection for this type of claim. For example, without an official death certificate confirming the time and date of someone’s wrongful death, there may be room for a court to believe—or a defendant to argue before that court—that the decedent is not deceased, which can drag out the legal process and complicate the process of recovery.

Contact a Westlake Village Attorney To Help You File a Wrongful Death Action

Knowing all the steps for filing a Westlake Village wrongful death action is essential for successfully navigating the civil court process to get your family the compensation you all deserve. Fortunately, you have support available from start to finish for your unique case from a dedicated legal professional with years of experience helping families such as yours through similar situations.

If you want to explore your legal options or are ready to start a claim, contacting a capable wrongful death lawyer should be among your top priorities. Call us today to schedule a consultation.