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Wrongful death claims

Funding on a wrongful death claim

The household lost its income the day it lost the person. The claim takes years.

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Non-recourseIf you don't recover, you owe us nothing.
No monthly paymentsWe're repaid once, out of the settlement.
Case, not creditApproval turns on your claim, not your score.

A wrongful death claim differs from an injury claim in a way that matters for funding: the person who was harmed is not the person bringing the case. California law specifies who may bring a wrongful death action, and that question has to be settled before anything else proceeds.

Meanwhile the family is often dealing with funeral costs and the loss of a household income at the same time.

Wrongful death claims

What makes these claims structurally different

Four features that affect both the case and any funding on it.

Standing is defined by statuteCode of Civil Procedure section 377.60 sets out who may bring a wrongful death action — generally the decedent's surviving spouse, domestic partner, children and certain other dependents or heirs, or a personal representative on their behalf.
Often more than one claimantWhere several heirs have claims, each has an interest in the recovery. That affects how any individual advance has to be structured, and it has to be clear who is party to what.
A separate survival claim may existClaims belonging to the decedent that survive their death are handled separately from the family's wrongful death claim, and may run through an estate.
Probate can be involvedWhere a personal representative brings the claim, probate timelines and court oversight can add steps that an ordinary injury claim never encounters.

How funding works on these claims

Funding is provided to a person with a claim, not to an estate in the abstract, so the first thing to establish is who the claimant is and what their share is.

Where several family members have claims, we need the full picture before advancing anything to any one of them. That protects everyone, including you.

Tell us early if probate is open or a personal representative has been appointed. It changes the paperwork and it's much easier to handle at the start.

Who may bring a wrongful death action is a legal question governed by statute. This page is general information, not legal advice.

Why this isn't a loan

A loan is money you have to pay back. This isn't that. We buy a portion of whatever your case eventually pays, and our right to be repaid exists only if there are proceeds.

It also means we can't touch your credit, your paycheck, your car or your home if the case doesn't go your way.

Questions

Common questions.

Who can apply for funding on a wrongful death claim?

A person who has a claim and is represented by an attorney. Which family members have standing is determined by California law and by your attorney.

The estate is in probate. Is that a problem?

Not necessarily, but it adds steps. Tell us up front so we can work through it with your attorney.

Several family members are involved. Can one of us apply?

Possibly, but we need to understand the full claimant picture before advancing to anyone.

Is approval guaranteed?

No. Every request is reviewed individually and may be declined.

Part of our California funding coverage — see pre-settlement funding in California, or read Do I need an attorney? and How much can I get? in the legal funding guide.

Request funding

Tell us about your case.

No cost, no obligation, and no effect on your credit. We'll come back to you within one business day.

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We'll call you at the number you gave us within one business day. If you need to reach us sooner, call (310) 303-1858.