CALIFORNIA WRONGFUL DEATH LAWYER

If a death is caused by someone else’s negligence, the victim’s family can file a civil wrongful death lawsuit and seek compensation. A wrongful death lawsuit can be brought in California for injuries caused by a car accident, plane crash, defective product, or other incidents caused by the recklessness or negligence of others. 

A wrongful death settlement can help cover funeral costs, lost income, pain and suffering, loss of the love, companionship and guidance of your loved one, and more. California also allows wrongful death claimants to bring a “survival action” for losses suffered by the victim from the time of the incident and their death. Unlike wrongful death actions, which are brought to compensate the victim’s family for their own losses due to the death of their loved one, survival actions are aimed at recovering damages that the deceased person would have been entitled to had they survived.

No one is ever prepared to cope with the loss of a loved one and the aftermath can be overwhelming. An experienced wrongful death lawyer by your side can alleviate some of the stress and work on your behalf to pursue justice and accountability and provide the best chance to obtain full and fair compensation. 

The California wrongful death lawyers at Wisner Baum have obtained more than $4 billion in verdicts and settlements for clients. We know what it takes to win big cases against big companies.

If you believe you have a wrongful death claim, we encourage you to contact the California wrongful death attorneys at Wisner Baum at 855-948-5098or fill out our online contact form for a free and confidential case evaluation. 

INFORMATION ON WRONGFUL DEATH LAWSUITS AND SETTLEMENTS

Wrongful Death Explained

Causes of California Wrongful Death Claims

Compensation for Wrongful Death in California

How to Find the Best California Wrongful Death Lawyer for Your Case

California Wrongful Death Lawsuit FAQ

Wrongful Death Settlement Examples

Free Case Evaluation | California Wrongful Death Lawyers

WRONGFUL DEATH EXPLAINED

Wrongful death refers to the type of lawsuit that may be filed when fatal injuries are caused by the negligent, reckless, or intentional actions of another person or entity. A surviving family member or estate representative may bring a civil lawsuit against the person or entity allegedly responsible for causing or contributing to the incident that caused the death. 

The person who brings the wrongful death lawsuit, known as the plaintiff, has the burden of proof, meaning they must demonstrate to the court that the defendant(s) caused or contributed to the victim’s death through their negligence or recklessness. If successful, the claim will result in financial compensation from the at-fault defendant(s).

A wrongful death lawsuit is a civil claim, meaning the case does not involve criminal allegations against the defendant(s). A wrongful death claim will not result in jail time or criminal fines with a conviction like a criminal case can

CAUSES OF CALIFORNIA WRONGFUL DEATH CLAIMS

Government statistics cite several common causes of wrongful death, including accidents, medical malpractice, defective products, and more. 

Some of the leading causes of California wrongful death claims include:

Auto Accidents: Traffic crashes are California's most common cause of wrongful death. Contributing factors can include speeding, drunk driving, distracted driving, and reckless driving.

Aviation Accidents: Crashes involving planes or helicopters are generally caused by pilot error, design and/or manufacturing defects, or maintenance failures. 

Pedestrian Accidents: Like car crashes, pedestrian accidents may involve allegations of distracted driving, speeding, and more. 

Bicycle Accidents: California is usually in the top five states in the U.S. when it comes to bicycle accident fatalities, according to government statistics. Bike accident fatalities happen due to speeding, recklessness, driver inattention, and more. 

Truck Crashes: Trucks can weigh up to 80,000 pounds, which makes them deadly in a crash. Common causes of truck crashes include speeding, driver inattention, and fatigue. 

Motorcycle Accidents: Motorcycles account for roughly 3% of all registered vehicles in the United States California has the country's highest number of registered motorcycles. Some of the most common causes of fatal motorcycle crashes in California include head-on collisions, unsafe lane changes, and left-turning cars.  

Medical Malpractice: Occurs when healthcare professionals or medical institutions are negligent and fail to meet the appropriate standard of care, resulting in harm to the patient. This includes surgical mistakes, incorrect prescriptions, misdiagnosis or delayed diagnosis, and other failures. 

Workplace Accidents: Fatalities can occur in various workplace settings, especially in industries like construction, manufacturing, and farming. Common causes include falls from heights, equipment malfunctions, exposure to hazardous substances, and lack of proper safety measures.

Defective Products: Occurs when defectively designed or manufactured products causes fatal injuries. These cases include anything from automobile defects to unsafe pharmaceuticals. 

Premises Liability: Wrongful death claims can arise from unsafe conditions on someone else's property. Common cases involve slip-and-fall accidents, drowning in unsecured swimming pools, fires, or exposure to toxic substances.

Nursing Home Negligence and Abuse: Elderly individuals residing in nursing homes may suffer from neglect or abuse, leading to wrongful death claims. Common allegations in these types of cases include failing to provide necessary medical care, physical abuse, or lack of proper supervision.

Swimming Pool Accidents: Drowning is a common cause of wrongful death, especially among young children. According to government statistics, drowning is one of the leading causes of death in children under four. According to California Water Safety, one in every 100,000 Californians die each year due to drowning.

Boating Accidents: While they don’t happen all that often, boating accidents can result in fatalities due to operator inexperience, intoxication, mechanical defects, or failure to follow safety regulations.

COMPENSATION FOR WRONGFUL DEATH IN CALIFORNIA

A common question among people considering suing for wrongful death: “Is it worth it?” This is an understandable question. While no amount of money will bring back the family member you lost, you should not be burdened with the financial fallout that comes from losing someone due to another’s negligence or misdeeds.

While each wrongful death case is different, and attorneys cannot make guarantees concerning the value of a case, below are some of the damages that may be available for a wrongful death lawsuit in California include:

• Medical expenses of the deceased
• Funeral and burial expenses
• Estate administration expenses
• Loss of the decedent’s expected income
• Loss of inheritance or gifts that heirs expected to receive from the deceased
• Loss of value of household services from the deceased
• Lost companionship, care, comfort, support, and guidance from the deceased
• Loss of love and companionship from the deceased
• The decedent’s fear, pain, and suffering

As you can see, a wrongful death payout can reach millions depending on the damages alleged in the lawsuit. Your attorney will have a better idea of how much compensation you may receive after a thorough investigation is conducted. 

HOW TO FIND THE BEST CALIFORNIA WRONGFUL DEATH LAWYER FOR YOUR CASE

Finding the best wrongful death attorney for your case can be a challenge. Do you hire a California law firm? Or does a larger nationwide firm make more sense? What about someone who comes highly recommended by friends but lacks experience in this type of case? 

To help in making this important decision, below are some important factors to consider when searching for the best wrongful death lawyer for your case. 

Seek referrals from family, friends, and colleagues. 

It is a good idea to start your search for an attorney with word-of-mouth referrals. Ask friends and family if they have good legal contacts. Even if the attorney they recommend does not handle wrongful death claims, they may know of a colleague with appropriate experience and success. 

Use online legal resources

Third-party legal sites like Avvo, Bestlawyers.com, Lawyers.com, and Findlaw.com make it easy to create a list of qualified attorneys who take wrongful death cases. 

Check experience and qualifications

Once you have a good list of lawyers, you can begin researching them for some background. Look to see how long they have been in practice, and how long they have been litigating wrongful death cases. 

Read client reviews

Past clients offer insight into what your experience might be if you hire an attorney. Do they have good reviews on Google or Yelp? Do they have a lot of reviews? Hiring an attorney who does not have good reviews can be risky. 

Review case results

This is crucial: any attorney you hire should be able to demonstrate proven results in wrongful death lawsuits. While it may be true that most civil cases culminate in private out of court settlements, the attorney should still be able to showcase some of their case results for potential clients. 

Verify trial experience

It is good for an attorney to have a list of successful wrongful death settlements they can point to, but it is also important for the attorney to have trial experience. Why? Even if your case is likely to be settled, an attorney with trial experience and some significant jury verdicts will give the defense something to think about: do they really want to risk losing big at trial? A proven litigator in the courtroom can only help improve your chances for a successful outcome. 

Schedule free case consultations

Notice we used the plural “consultations.” You should speak with more than one attorney so you can compare and contrast. Remember, these initial consults are free, so you should take advantage and interview as many attorneys as you feel is necessary to make the best possible choice. 

Be prepared

You should have questions prepared in advance to ask potential wrongful death attorneys. Here are some important questions you should ask the attorneys you speak with:

• What experience does the lawyer have litigating wrongful death cases?
• What results in cases similar to yours can they share?
• What is their trial experience?
• What would the fee structure be?
• How often does the attorney’s legal team communicate with clients during litigation?
• How long will the case take?

Communication skills

Wrongful death cases can take months or longer to resolve. Working closely with an attorney for that long, you should have a good rapport with them. During your early conversations, ask yourself whether the attorney or paralegal communicates with you clearly and makes you feel comfortable. 

Local vs. national 

It is natural to wonder whether the wrongful death lawyer you hire should be local. We understand that clients may feel more comfortable hiring locally (we discuss this topic in more detail below). However, we do not believe location matters as much as other characteristics when choosing a wrongful death attorney for your case. We believe that comfort level with the attorney, experience, case results, and past client reviews matters more than where a law firm is located.   

Sign the fee agreement

Once you have spoken with a handful of lawyers, review each lawyer’s qualifications, fee structures, and your level of comfort with them. When it comes down to it, go with your gut and select the attorney you believe is the most competent and with whom you have a good rapport. Once you sign our fee agreement (also known as a fee agreement), your wrongful death attorney will begin preparing your case. 

CALIFORNIA WRONGFUL DEATH LAWSUIT FAQ

WHAT IS A WRONGFUL DEATH CLAIM?

A civil wrongful death claim is a type of lawsuit brought against a person or entity allegedly responsible for negligently or recklessly causing someone's death. A wrongful death claim is typically filed by surviving family members or the deceased person's estate. The goal of the claim is to obtain monetary compensation for the losses incurred by the survivors as a result of their loved one’s death.

WHO CAN FILE A WRONGFUL DEATH LAWSUIT IN CALIFORNIA?

California law allows specific individuals the legal standing to file a wrongful death lawsuit. According to the California Code of Civil Procedure Section 377.60, the following individuals are generally eligible to sue for wrongful death:

1. Surviving spouse or domestic partner
2. Surviving children

If the decedent’s spouse and children are also deceased, surviving grandchildren, other dependant minors, parents, or siblings may be able to pursue a wrongful death claim. 

HOW LONG DO I HAVE TO FILE A WRONGFUL DEATH CLAIM IN CALIFORNIA?

In California, the statute of limitations for a wrongful death claim is generally two years. This means that you have two years from the date of the loved one’s death to file a lawsuit. If you do not timely file your claim within this period, you may lose your right to seek compensation through the courts. 

However, California law does allow certain exceptions or special circumstances to alter when the clock starts ticking on the statute of limitations. We recommend consulting with a wrongful death attorney as soon as possible to understand how the law applies to your situation.

HOW LONG DOES A WRONGFUL DEATH LAWSUIT TAKE?

In a best-case scenario where liability is not disputed, negotiations generally center on a fair compensation amount, and a settlement may be reached even before a wrongful death lawsuit is filed. Unfortunately, most cases are disputed and while some cases are resolved before lawyers file a complaint, it is more common that a lawsuit must be filed in order to ultimately obtain reasonable compensation. 

After the lawsuit is filed, the case may take months and in some cases a year or two to resolve. Some wrongful death cases will not end in a settlement at all, and the case must be presented to a jury.

Once your attorney has conducted a full investigation, he or she will better understand how long your case will take. 

DO I NEED A WRONGFUL DEATH LAWYER NEAR ME?

No, you do not need to retain a local attorney for a wrongful death lawsuit. That said, there may be instances where hiring a local attorney can be beneficial. Here are some considerations for hiring a local lawyer:

Knowledge of Local Laws and Procedures

A local lawyer may be more familiar with California wrongful death law. Remember, each state has different legal procedures for these cases, so a California attorney may better understand local court procedures and filing deadlines, ensuring that your case is handled efficiently.

Familiarity with Local Courts and Judges

Experienced local attorneys often have experience working with local judges and court staff, which has advantages when it comes to understanding the court’s expectations and procedures.

Accessibility and Convenience

A local lawyer makes it easier to have an in-person consultation, which may be helpful when choosing between attorneys. It may be easier for you to develop an opinion of the attorney during an in-person consult rather than a Zoom consult. 

Community Reputation

A local lawyer will be concerned with maintaining a good reputation within his or her community. Look for local reviews and personal recommendations from people in your area who have previously worked with the attorney.

WHAT IS THE CALIFORNIA ONE ACTION RULE FOR WRONGFUL DEATH?

The "one action rule" in California wrongful death cases means that all potential claimants must join together in a single lawsuit against the defendant. This rule is designed to prevent multiple lawsuits related to the same death. All family members or representatives with the legal right to sue must be included in the initial filing, even if some choose not to participate actively. 

The key points to the California one action rule:

• All known heirs must be included in a California wrongful death lawsuit.
• Any settlement or verdict will be awarded to the entire family.
• The family must decide how to divide the settlement or verdict. If they cannot do so, they may need to return to court to get help to determine how to split compensation. 
• If any heirs are unknowingly excluded from the claim for wrongful death, they may still have legal standing to compensation awarded to the family.

We understand that the California one action rule can be confusing. That’s why hiring an experienced lawyer with a proven track record in wrongful death claims is necessary to obtain the justice and compensation your family deserves. A good lawyer will plan accordingly from the start of the case to help ensure that the heirs agree on dividing any judgment to avoid the legal hurdles and added cost of continued litigation. 

WRONGFUL DEATH SETTLEMENT EXAMPLES

At Wisner Baum, we have secured justice and compensation for thousands of clients in wrongful death lawsuits. Some of our wrongful death verdicts and settlements are listed below:

• $265 million wrongful death settlement for train crash 
• $20 million wrongful death verdict for bus crash
• $17.5 million wrongful death settlement plane crash
• $14 million wrongful death settlement commercial airline crash 
• $10 million wrongful death settlement for international plane crash
• $8.5 million wrongful death verdict for truck crash
• $6.9 million wrongful death settlement for truck crash
• $6.2 million wrongful death settlement for bus crash
• $6 million wrongful death settlement for truck crash 

FREE CASE EVALUATION | CALIFORNIA WRONGFUL DEATH LAWYERS

Wisner Baum is a California based law firm representing thousands of clients across a broad range of practice areas. Since 1985, we have obtained more than $4 billion in verdicts and settlements for clients, including those who lost family members. 

You deserve an attorney with the experience, resources, and proven results necessary to obtain full and fair compensation. At Wisner Baum, our goal in every case is to earn maximum compensation on your behalf and hold the responsible party accountable for the devastating harm they caused you and your family.

With offices throughout California, our wrongful death lawyers offer free and confidential case evaluations. 

Call 855-948-5098 or contact us online to schedule your free consultation.