Question

How do I file a wrongful death lawsuit in California?

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James P. Larsen - Personal Injury - General - Super Lawyers

Answered by: James P. Larsen

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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.

Disclaimer: 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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