The Timeline of a Wrongful Death Lawsuit in California

How Long Does a Wrongful Death Lawsuit Take?

The duration of a wrongful death lawsuit in California can range from a few months to several years. Cases that involve clear liability are often resolved more quickly, especially if the parties agree to settle outside of court.

However, more complex cases, particularly those involving disputed liability or severe injuries, can take longer due to extensive investigation, medical treatment, negotiation, and court scheduling delays. A California wrongful death attorney can help you determine the viability of your claim and gather compelling evidence to build a strong case.

The Wrongful Death Lawsuit Timeline

A wrongful death lawsuit is more than a legal claim—it’s a pathway for grieving families to seek justice and closure after losing a loved one due to someone else’s negligence or misconduct.

Surviving family members can pursue a wrongful death lawsuit to recover damages, including lost income, medical costs, funeral and burial costs, and pain and suffering. The timeline of a wrongful death case can vary depending on several factors, including the case’s complexity, court schedules, and the willingness of parties to settle.

Various factors influence the timeline of a wrongful death lawsuit. Understanding these elements can help families anticipate potential delays and challenges.

Investigation and Evidence Collection

This phase includes gathering police reports, medical records, witness statements, and expert testimony. A wrongful death lawyer will work diligently to establish liability and calculate the full extent of damages.

In some cases, accident reconstruction experts or forensic specialists may be involved to provide detailed analyses of the events leading to the wrongful death. This phase can be time-consuming but is critical for building a compelling case. After evidence collection, a formal complaint is filed, initiating the lawsuit.

Filing a Wrongful Death Lawsuit

The process of filing a wrongful death lawsuit begins with the plaintiff’s attorney drafting and submitting a formal complaint to the court. The complaint outlines the basis of the claim, the parties involved, and the damages being sought. This filing marks the official start of the lawsuit and triggers a series of legal steps, including the defendant’s response.

Court procedures and legal filings can significantly impact the timeline. Each step takes time, from filing the initial complaint to responding to motions. Legal requirements, such as meeting deadlines for specific filings and complying with procedural rules, can either expedite or delay the process depending on how efficiently they are handled.

The Discovery Phase

The discovery phase typically occurs after the defendant responds to the complaint. During this stage, both sides exchange information, conduct depositions, and request documents to strengthen their arguments.

Trial and Court Schedules

Many cases enter settlement negotiations, but if a resolution cannot be reached, the case proceeds to trial. Delays often arise when parties are uncooperative or when extensive documentation is required.

Court schedules play a significant role in the timeline of a wrongful death lawsuit. California courts often have heavy caseloads, leading to delays in setting hearing dates, trials, or other proceedings. The availability of judges, courtrooms, and attorneys can further contribute to scheduling delays. A skilled wrongful death lawyer will guide you through the legal process and help you resolve your case in a timely manner.

Damages in a Wrongful Death Case

In 2021, there were over 227,000 unintentional injury deaths across the US. Motor vehicle deaths are one of the leading causes of fatality. The National Highway Traffic Safety Administration (NHTSA) estimates that 40,990 people were killed in motor vehicle accidents in 2023.

Medically consulted injuries totaled $5.2 million in 2022, and total motor-vehicle injury costs totaled about $481.2 billion. Damages in a wrongful death case aim to compensate survivors for their losses. These damages are generally divided into three categories:

Economic Damages

• The decedent’s funeral and burial expenses
• Loss of financial support the deceased would have provided
• Medical expenses incurred due to the deceased’s death
• Loss of benefits, such as health insurance or retirement plans

Non-Economic Damages

• Loss of companionship and emotional support
• Pain and suffering experienced by surviving family members
• Loss of guidance and nurturing, particularly for minor children

Punitive Damages

Punitive damages may be awarded in cases where the defendant’s actions were particularly egregious or malicious. These damages are intended to punish the wrongdoer and deter similar behavior in the future.

Who Can File a Wrongful Death Claim?

A cause of action for the death of a person caused by the wrongful act or neglect of another may be asserted by family members or by the decedent’s personal representative on their behalf. In California, specific individuals are permitted to file a wrongful death claim, including:

• The decedent’s surviving spouse
• Registered domestic partner
• Deceased person’s children

Under certain circumstances, individuals who were financially dependent on the deceased may be eligible to file, such as dependant minors living in the household, stepchildren, or parents. An experienced wrongful death attorney can help determine who can pursue damages in a wrongful death claim.

California’s Wrongful Death Statute

California law requires plaintiffs to file within the statute of limitations. California’s statute of limitations for wrongful death claims is generally two years from the date of the decedent’s death. If you fail to file within this period, you may lose your right to seek compensation. 

However, exceptions like the discovery rule or claims involving government entities may impact this timeframe. An experienced wrongful death attorney can help you file your claim within the allotted period.

Discovery Rule

The discovery rule applies when the cause of death is not immediately apparent. In such cases, the statute of limitations begins when the plaintiff discovers or reasonably should have discovered the cause of death. This exception allows families to pursue justice even when critical information becomes available after the typical two-year window.

Government Entities

Strict procedural rules apply when a wrongful death claim involves a government entity. Claimants must file a notice of claim within six months of the death.

Minors

For minors eligible to file a wrongful death claim, the statute of limitations does not start running until they reach the age of 18. This rule ensures that minors have adequate time to pursue legal action even if their guardians do not file on their behalf.

Seeking Justice for a Wrongful Death

The pursuit of justice in a California wrongful death case requires legal expertise, diligence, and compassion. During this time, families often face emotional and financial challenges, making it essential to have skilled legal representation to guide them through the process.

Importance of Hiring an Experienced Attorney

• Wrongful death attorneys can help you navigate complex legal procedures and meet deadlines.
• A personal injury attorney will protect your rights and best interests.
• Experienced wrongful death lawyers have the resources to gather compelling evidence to strengthen your claim.
• Skilled attorneys negotiate effectively with insurance companies to recover maximum compensation.

Compassionate Wrongful Death Lawyers in California

Compassionate wrongful death lawyers understand the profound loss families experience and strive to provide both legal support and empathy. At Alpha Accident Lawyers, our wrongful death attorneys are dedicated to helping victims recover fair compensation for their losses.

You can focus on healing while our legal team handles the complexities of seeking justice for your loved ones. Our personal injury law firm maintains a 99% success rate and has recovered millions of dollars in compensation. Call us today to schedule a free consultation.