Can I File a Wrongful Death Claim if the Deceased Was Not Employed?

As you cope with the loss of a loved one, you may wonder if you can file a wrongful death claim, even if the deceased wasn’t employed. The answer is yes. Your eligibility to file a claim is based on your relationship to the deceased and the impact of their death, not their employment status.

At J&Y Law, we understand the importance of seeking justice for our loved ones. To determine the right to seek compensation, you need to consider the factors that affect your claim.

Consulting with a Los Angeles wrongful death lawyer can help you understand California’s wrongful death laws and guide you through the process.

Understanding Wrongful Death Claims in Los Angeles

When a loved one’s death is caused by someone else’s negligence or intentional actions, the surviving family members may be eligible to file a wrongful death claim in Los Angeles even if the deceased was not employed. You’ll need to understand the legal process to handle this emotional journey. 

A wrongful death claim is a civil lawsuit that seeks compensation for the losses you’ve suffered due to the death of your loved one. This type of claim is separate from any criminal charges that may be filed against the responsible party. 

You’ll need to prove that the defendant’s actions or inactions led to your loved one’s death, and that you’ve suffered financial losses as a result. The legal process can be lengthy and overwhelming, but with the right guidance, you can seek justice and hold the responsible party accountable.

Who Can File a Wrongful Death Claim?

California law specifies who can file a wrongful death claim on behalf of the deceased person’s estate. A surviving family member, such as a spouse, domestic partner, or child, may be eligible to file a claim. 

Additionally, you can file a claim if you’re a dependent, like a putative spouse or stepchild. The law also allows certain family members, such as parents or siblings, to file a claim in specific circumstances.

To determine your eligibility, you’ll need to review California‘s filing requirements and consult with a wrongful death attorney. 

As an eligible plaintiff, you’ll need to establish your relationship to the deceased and demonstrate how their death has affected you. Our team has 60 years of combined experience and can help you build a strong case.

How Long Do You Have to File a Wrongful Death Claim When the Deceased Was Not Employed?

In Los Angeles, the statute of limitations for filing a wrongful death claim is generally two years from the date of the person’s death. This means that surviving family members or the deceased’s estate must take legal action within this time frame, or you risk losing the right to pursue compensation.

However, some exceptions may apply. For example:

• If the claim involves a government entity, such as a city vehicle accident, you must file a government claim within six months before pursuing a lawsuit.
• If the cause of death was not immediately known, the clock may start from the date the cause was reasonably discovered.

Missing the deadline can result in losing your right to seek compensation, so it’s important to consult a wrongful death attorney in Los Angeles as soon as possible to ensure your case is filed on time.

The Role of Dependency in Wrongful Death Cases

As you go through the challenges of a wrongful death claim, understanding the role of dependency is important. In California, dependency is an important factor in determining the validity and value of a wrongful death claim. 

You may be eligible to file a claim if you were financially reliant on the deceased. Dependency factors, such as the extent of financial support provided by the deceased, will be closely examined. The court will consider whether you depended on the deceased for financial support, including income, benefits, or services. 

If you were a dependent, you may be entitled to compensation for the loss of financial support, as well as emotional distress and other related damages. It’s necessary to gather evidence and documentation to prove your dependency and the impact of the deceased’s passing on your life.

Establishing Negligence or Wrongdoing

To build a strong wrongful death claim in Los Angeles, you must prove that the defendant’s negligence or wrongdoing directly caused the death of your loved one. This requires gathering evidence to demonstrate the defendant’s actions or inactions were reckless, careless, or intentional, leading to the fatal outcome. 

Negligence examples may include a doctor‘s misdiagnosis or a driver’s reckless behavior. You’ll need to show that the defendant’s wrongful conduct breached their duty of care, causing harm to your loved one. 

This can involve expert testimony, witness statements, and documentation of the incident. By establishing negligence or wrongdoing, you can hold the defendant accountable for their actions and pursue fair compensation for your loss.

Calculating Damages in a Los Angeles Wrongful Death Claim

Your wrongful death claim’s success hinges on accurately calculating the damages you’re entitled to, which can be a nuanced process. When calculating economic damages, you’ll need to take into account the financial losses resulting from your loved one’s death, such as lost income, medical expenses, and funeral costs. 

You may also be eligible for non–economic damages, including compensation for emotional distress, loss of companionship, and loss of consortium. To accurately calculate these damages, it’s important to gather relevant documentation, such as pay stubs, medical bills, and receipts for funeral expenses. 

When filing a wrongful death claim, if the deceased was not employed, it still entitles you to recover compensation for your losses.

Learn More About Filing a Wrongful Death Claim For an Unemployed Person

You’ve learned that eligibility for a wrongful death claim in Los Angeles isn’t tied to the deceased’s employment status. Instead, it’s based on your relationship to them and the impact of their death.

We at J&Y Law recommend consulting with a qualified attorney to guide you through California’s wrongful death laws and increase the chances that you receive the compensation you deserve. 

Contact us today for a free consultation.