129. What are Wrongful Death Claims?
Wrongful Death Claims allow families to recover damages relating to individuals who died as a result of the Fires. The Trustee and Claims Administrator will devise procedures ensuring a streamlined and sensitive process providing Claimants and their family members the dignity that is critical to successfully resolving claims relating to these extraordinary losses.
131. Who qualifies as a “domestic partner” to submit a Wrongful Death Claim?
A “domestic partner” is a person, who at the time of the decedent’s death, was the
domestic partner of the decedent in a registered domestic partnership established in
accordance with subdivision (b) of Section 297 of the California Family Code.
133. What types of documents may support my Wrongful Death Claim?
You may provide a copy of a death certificate, autopsy report or other medical records identifying the decedent's cause of death. You should also provide medical records and/or other documents to show the decedent's general health at the time of death. For decedents who did not die directly in or during a Fire, Claimants may be required to submit an expert report that provides the opinion, to a reasonable degree of medical certainty, that the Fire was a substantial contributing cause of the decedent's death. If a claim is being made for lost financial support, submit any evidence of said support and tax, employment, or other financial records reflecting the decedent's annual income for the two years preceding his or her death. You also may provide information detailing other expenses related to the decedent's death and explaining how the death has affected you and describing your loss of relationship, love, support, and companionship.
134. What if I do not have records showing the decedent’s general health at the time of death?
The Trust will consider the health of the decedent when evaluating a Wrongful Death Claim, and it is necessary for you to submit medical records, preferably
from a primary care physician, describing the state of the decedent's health at or near the time of the decedent's death.
If you do not have or cannot obtain records, it may be necessary for you to open a probate estate, issue a subpoena, or take other appropriate measures to obtain the records.
If you are unable to obtain records after diligent efforts, then you may provide us with:
- An affidavit describing your efforts to obtain the medical records; and
- An attestation from you or another of the decedent’s heirs regarding the decedent’s general
health at the time of death.
If the information in these affidavits is sufficient, we may waive the medical records requirement and
proceed with assigning an award amount to an otherwise eligible Wrongful Death Claim. We may also reach out to you if we need additional
information after reviewing the affidavits.