Checklist · after a deathThe first 48 hoursWhat cannot wait, and what we carry.
You do not have to do all of this today, and you do not have to do it alone. This is the short list of practical steps that protect your family's rights in the first two days, written for the person who has to hold everything together right now. Everything else can wait until you are ready.
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Written and reviewed by Josh Kohanim, Esq., California Bar No. 328609 · Published · Reviewed
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What to do today
What to do this week
General information, not legal advice for your situation. Contacting us does not create an attorney-client relationship, which is formed only by a signed written fee agreement.
This page is general information, not legal advice for your situation. Submitting this form does not create an attorney-client relationship. An attorney-client relationship is formed only by a signed written fee agreement.
Questions about the first 48 hours after a death
Who can file a wrongful death claim in California?
Under Code of Civil Procedure 377.60, the surviving spouse or domestic partner, the children, and the children of any deceased child. If there are none, the people who would inherit under intestate succession, and in some circumstances a putative spouse, stepchildren, or parents who depended on the person who died.
How long do we have to file a wrongful death lawsuit?
Two years from the date of death under Code of Civil Procedure 335.1. If a public entity is responsible, a written claim must be presented to it within six months under Government Code 911.2, before any lawsuit can be filed.
What can a wrongful death claim recover?
The financial support the person would have provided, the value of household services, funeral and burial expenses, and the loss of the person's love, companionship, guidance, and protection. A separate survival action can recover the losses the person suffered before death.
Have a question about your case?
Speak with an attorney. The review is free and you will get a direct answer.
Tell us what happened. We'll tell you where you stand.
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Written and reviewed by Josh Kohanim, Esq., California Bar No. 328609 · Published · Reviewed