How do I file a wrongful death lawsuit in California?
Answer
Once you determine that you have a legal right to seek damages against a defendant arising from the wrongful death of a relative, then filing a wrongful death lawsuit in California is pretty straightforward. You need to prepare a document called a complaint in the proper form, and file it with the superior court in a county which is a proper venue for that action, paying the appropriate fee to do so. An optional form complaint prepared by the Judicial Council of California entitled “Complaint--Personal Injury, Property Damage, Wrongful Death” is available on the judicial council website: http://www.courts.ca.gov/documents/pldpi001.pdf.
While there are other ways to prepare a complaint for filing, using the judicial council form is usually best, since doing so (i.e., filling out that form properly) is a legally approved means of meeting the established standard of pleading this claim in California courts.
The answer is intended to be for informational purposes only. It should not be relied on as legal advice, nor construed as a form of attorney-client relationship.
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