Filing a Fullerton Wrongful Death Action

After losing a loved one, pursuing legal action may feel overwhelming—but it can be crucial for justice and financial stability. However, suppose your family member’s premature death stemmed directly from another person’s irresponsible or illegal actions. In that case, you only have a limited time to take legal action against that person and ensure they are held financially accountable for the harm they have done to your family.

Guidance from a skilled wrongful death lawyer can be vital to getting through every stage of a case like this as efficiently and proactively as possible. With that said, here is a brief overview of the early steps of filing a Fullerton wrongful death action so you can better understand what to expect if or when you choose to pursue a claim.

Who Can File a Wrongful Death Claim?

Under California Code of Civil Procedure §377.60, only the following people are allowed to file—and accordingly, recover compensation through—a wrongful death action after a fatal accident in Fullerton:

• The deceased person’s surviving spouse or registered domestic partner
• The deceased person’s surviving child(ren) by birth or adoption
• Any other minor child, including stepchildren, who depended on the deceased person for at least 50 percent of their financial support
• Anyone entitled under California’s intestate succession laws to inherit property from the deceased person

If there are no surviving children, the decedent’s grandchildren may also have standing to file suit. Additionally, whoever the deceased person nominated in their will as their “personal representative” has standing to file a wrongful death action on behalf of the estate and/or all beneficiaries listed above.

Collecting Important Evidence in Advance

Before filing a Fullerton wrongful death action, it is vital to find and preserve as much evidence as possible establishing three things:

• That the deceased person is, in fact, deceased
• That their death stemmed directly from a specific injury or illness, and
• That said injury or illness stemmed directly from a specific irresponsible or unlawful act by a specific other person

Legal counsel can provide vital assistance with collecting and making effective use of things like death certificates, medical records, and forensic or documentary evidence like witness testimony and surveillance camera footage with all this in mind.

Deadlines for Starting the Filing Process

Perhaps even more importantly, a skilled attorney can help ensure that a wrongful death action is formally filed within the time limit set by California state law. In virtually every situation, the maximum amount of time someone has to file a wrongful death action is two years after the date of the death in question, regardless of when the injury or illness that caused that premature death occurred.

A Fullerton Attorney Can Help With Filing a Wrongful Death Action

If you lost a close family member recently and want to seek civil compensation for your family’s ensuing losses, you will want to make contacting and hiring a compassionate wrongful death lawyer one of your top priorities. Call today for a confidential consultation.