Experienced Wrongful Death
Attorneys in California

In a wrongful death claim in California, surviving family members can seek compensation for various damages, including:

• Funeral and burial expenses
• Medical bills incurred before death
• Lost wages and future income the decedent would have earned
• Loss of companionship and support from the deceased
• Emotional distress suffered by surviving family members

Recent legislation has expanded the scope of damages to include the decedent’s pain and suffering prior to death, offering families the opportunity to secure more comprehensive compensation.

An experienced wrongful death attorney is crucial in navigating the legal complexities of California law during a difficult time. They provide valuable assistance by:

• Evaluating your case: A skilled attorney assesses the specifics of your situation and determines whether you have a valid claim.
• Gathering evidence: They collect critical evidence such as police reports, medical records, and witness statements to support your case.
• Proving liability: A wrongful death attorney will help establish the defendant’s negligence or wrongful actions that led to the death.
• Negotiating with insurance companies: They negotiate with insurers on your behalf to secure a fair settlement, avoiding low initial offers that are often made to reduce compensation.
• Representing you in court: If necessary, an attorney can represent you in court, advocating for your rights and the best interests of your family.

By working with an experienced attorney, you can maximize your compensation while minimizing the stress of handling legal proceedings during an emotionally challenging time. Their expertise helps ensure that you focus on healing while they manage the legal complexities.

Wrongful death cases arise when someone dies due to the negligence or wrongful acts of another person or entity. In California, these claims can arise from various incidents, including:

• Car Accidents
• Medical Malpractice
• Workplace Accidents
• Defective Products
• Criminal Acts (e.g., assault)

To succeed in a wrongful death lawsuit, certain elements must be proven:

• Duty of Care: The defendant had a responsibility to prevent harm to the deceased. For example, a driver has a duty to drive safely, or a doctor has a duty to provide competent medical care.
• Breach of Duty: The defendant failed to uphold that duty, such as by driving recklessly or providing substandard medical care.
• Causation: The defendant’s breach of duty directly caused the death. It must be shown that the death wouldn’t have occurred without the defendant’s actions.
• Damages: The surviving family members must demonstrate the financial and emotional losses they’ve suffered due to the death.

In California, the individuals eligible to file a wrongful death claim include surviving spouses, domestic partners, children, and dependents of the deceased. The family must prove the damages they have incurred, including emotional distress, lost financial support, and the loss of companionship.

California’s wrongful death law also specifies that claims must be filed within two years from the date of death. It is critical for families to act promptly to gather evidence and file a claim, as delays can lead to the loss of the right to compensation.

Various types of accidents can lead to wrongful death claims in California. Some of the most common incidents include:

• Car Accidents: Fatalities resulting from reckless driving, DUI, or distracted driving. These often involve a breach of the duty of care, such as speeding or ignoring traffic laws.
• Medical Malpractice: Deaths caused by negligence in medical care, such as surgical errors, misdiagnoses, or failure to administer the proper treatment.
• Workplace Accidents: Fatal injuries resulting from unsafe working conditions or employer negligence. In some industries, such as construction, workplace fatalities are more common.
• Defective Products: Deaths caused by unsafe or malfunctioning products, including vehicles, household appliances, or medications.
• Slip and Fall Accidents: Fatal injuries sustained on poorly maintained properties due to hazardous conditions like wet floors or uneven surfaces.
• Assaults: Deaths resulting from violent criminal acts, where liability may also extend to businesses with inadequate security.
• Drowning: Fatalities occurring in pools, lakes, or other bodies of water due to negligence, such as lifeguard failure or unsafe conditions.

Each wrongful death case requires a thorough investigation to determine fault, establish liability, and pursue fair compensation for the surviving family members.

After losing a loved one in an accident, take these immediate steps to protect your rights:

• Make funeral arrangements: Focus on honoring your loved one while managing practical details.
• Gather information: Collect all relevant documents, including police reports, witness statements, and medical records.
• Consult a wrongful death attorney: Reach out to an experienced lawyer as soon as possible. They can guide you through the legal process and explain your options.
• Document expenses and emotional distress: Keep detailed records of funeral costs, medical bills, and any emotional distress you and your family experience.

These steps ensure that important evidence is preserved, and the legal process starts promptly, helping to build a strong wrongful death claim.

In California wrongful death cases, families can recover compensation for both economic and non-economic damages, including:

• Economic Damages:
  • Funeral and burial expenses
  • Medical bills incurred before death, including hospital stays, surgeries, and medications
  • Lost wages the decedent would have earned if they had lived, including future earning potential
  • Benefits such as pension plans or insurance payouts the deceased would have provided to the family
• Non-Economic Damages:
  • Loss of companionship, comfort, and care the deceased would have provided to family members
  • Emotional distress suffered by the surviving family members due to their loss
  • Pain and suffering experienced by the decedent before death, which recent legislation now allows families to recover in certain cases

The total compensation will depend on the circumstances of the case, including the severity of the loss and the financial impact on the family. Working with an attorney ensures that all applicable damages are considered, maximizing the compensation you can recover.

In California, individuals who were financially dependent on the deceased can file a wrongful death lawsuit. These individuals include:

• Surviving spouses or domestic partners
• Children (biological, adopted, or stepchildren) who were financially dependent on the deceased
• Parents (if the decedent was a minor)
• Other relatives who would inherit the deceased’s estate under California’s intestate succession laws
• Minors who lived with the decedent for at least 180 days prior to their death and were dependent on them for at least half of their support

In California, the statute of limitations for filing a wrongful death lawsuit is generally two years from the date of the deceased’s passing (California Code of Civil Procedure §335.1). This means that if you fail to file within this period, you may lose your right to seek compensation regardless of the strength of your claim. However, there are exceptions that may extend or shorten this timeframe; for example:

• Claims against government entities often have shorter deadlines—typically six months from the date of injury.
• Medical malpractice claims may have different timelines based on specific circumstances. It is crucial for potential plaintiffs to consult with an experienced attorney promptly after a loved one’s death to ensure compliance with these deadlines.

Negotiating a wrongful death claim requires preparation and strategy. Here are key steps to take when pursuing compensation:

• Gather all documentation: Collect essential documents like medical records, funeral bills, witness statements, police reports, and evidence of lost wages. This documentation will support your claim.
• Consult an attorney: An experienced wrongful death attorney can help assess the value of your case and provide guidance throughout the negotiation process. They know how to calculate both economic and non-economic damages and can advise on realistic compensation expectations.
• Negotiate with insurance companies: The insurance company may offer a low initial settlement. Be prepared to counter their offers by presenting clear, well-supported evidence of your losses. Highlight both the financial and emotional impact the death has had on your family.
• Understand your needs: Have a clear understanding of the compensation required for your family’s financial stability and emotional well-being. This includes lost income, medical bills, and the emotional toll the loss has taken.
• Be firm but open to negotiation: While you should remain firm about what you need, be willing to engage in dialogue. Your attorney will ensure that your interests are protected, and if necessary, they can help you pursue litigation for a fair resolution.

With proper legal representation, you can secure the compensation you deserve, ensuring your family’s future is protected. Here at ME Lawyers, we are committed to provide you with the best legal guidance and help you get the right claim for your sufferings.