When a loved one goes missing under suspicious circumstances and is later presumed deceased, families are often left with more questions than answers. While dealing with the emotional burden of such a loss, family members may also need to pursue a wrongful death claim to seek justice and compensation.
Here’s what you need to know about filing a wrongful death claim for a missing person in California. Contact Law Offices of Michael A. Kahn at (310) 209-1600 to request a free legal consultation.
When Can a Wrongful Death Claim Be Filed for a Missing Person?
In California, a wrongful death claim can be pursued when an individual’s death is caused by another party’s negligence, recklessness, or intentional misconduct. However, in cases where the person is missing but presumed dead, certain legal hurdles must be addressed first.
Establishing Legal Death Status
Before filing a wrongful death lawsuit, the missing person must be declared legally deceased. Under California law, a person can be presumed dead if:
- The person has been missing for a prolonged period (typically five years under California Probate Code Section 12401), and evidence suggests they are deceased.
- Compelling circumstantial evidence, such as surveillance footage, witness testimony, or forensic findings, indicates that death has occurred.
- A court issues a declaration of death based on the available evidence.
Who Can File a Wrongful Death Claim?
California law specifies who is eligible to file a wrongful death lawsuit, including:
- The surviving spouse or domestic partner
- Children of the deceased
- If no direct heirs exist, other family members, such as parents or siblings, may be eligible
If multiple parties qualify to file a claim, they may need to consolidate their case to avoid legal conflicts.
Proving Negligence or Wrongdoing in a Missing Person Case
A wrongful death claim must establish that another party’s negligence or misconduct led to the presumed death. This may involve:
- Gathering Evidence: Police reports, forensic analysis, and expert witness testimony may support the case.
- Demonstrating Duty of Care: Showing that the responsible party had a legal obligation to ensure the safety of the deceased.
- Establishing a Breach of Duty: Proving that the responsible party’s actions (or inaction) directly contributed to the presumed death.
Challenges in Wrongful Death Claims for a Missing Person
Filing a wrongful death claim under these circumstances presents unique challenges, such as:
- Lack of Physical Evidence: Without a recovered body, proving death can be more difficult.
- Extended Legal Timelines: The legal process may take longer due to the need to establish death before pursuing the claim.
- Defense Disputes: The responsible party may argue that there is insufficient proof of death or liability.
How an Attorney Can Help
A wrongful death attorney can assist families in navigating the complexities of filing a claim for a missing person. Their role includes:
- Gathering and presenting evidence to establish death and liability
- Handling legal filings and court procedures
- Negotiating with insurance companies for a fair settlement
- Representing families in trial if necessary
If your loved one has gone missing under circumstances that suggest wrongful death, legal action may be necessary to seek justice. Contact Law Offices of Michael A. Kahn at (310) 209-1600 to discuss your case and explore your options for holding the responsible party accountable.
