Fresno Wrongful Death Attorney

What Is a Wrongful Death Lawsuit?

A wrongful death case is a personal injury lawsuit that can be filed when a loved one passes away from injuries caused by other’s negligence, recklessness, or intentional behavior. Wrongful death suits may be filed against:

• Companies (work accidents, defective products or pharmaceuticals, etc.),
• Municipalities (ill-maintained roads, ill-maintained playground equipment, etc.), and/or
• Individuals (distracted drivers, negligent physicians, etc.)

If the loss of your loved one resulted in criminal charges being brought against a responsible party, you can sue that responsible party separately in a civil suit. A famous example of how this process works is the civil suit filed against O.J. Simpson in the 1990s. Even though Simpson was acquitted of criminal charges in the murder of his former wife and her friend, he was held liable in civil court for those murders. The surviving families of both victims were granted significant financial awards in their wrongful death cases against Simpson, regardless of the fact that he had been acquitted of criminal wrongdoing.

Losing a loved one is a devastating experience. If you’ve recently lost a loved one, you’re likely overwhelmed by the emotional, financial, and practical consequences of that loss. Chances are that “exploring your legal options” is understandably far from the top of your to-do list at the moment. It is possible that your entire to-do list at the moment is simply, “Learn to keep breathing in and out,” despite the fact that your loved one is no longer around. This is not only understandable. This is normal. Healthy, even, as it means that you’re feeling the weight of your grief instead of stuffing it down. But – for better and for worse – the world doesn’t stop turning, even when the weight of loss is so great that it feels like it should. As a result, it’s important that you explore your legal options as soon as you can.

If the very idea of speaking with an attorney stresses you out, please don’t panic. Once you tell us your loved one’s story, it becomes our responsibility to evaluate the potential strengths and weaknesses of your family’s wrongful death case – should you choose to pursue one. We’ll handle the legal “heavy lifting” and the stress of negotiating with insurance providers so that you can focus on mourning and on adjusting to this new phase of life. Getting up the energy to schedule a case evaluation with our legal team may not be an easy task. But it’s important to take this step now, as your future self and your family may come to depend on the outcome of any legal action you choose to pursue right now.

Who Can File a Wrongful Death Case?

A wrongful death case proceeds much like a personal injury suit does, save for the fact that the victim in the case died of their injuries before they had the opportunity to file a suit on their own behalf. As a result, an eligible surviving loved one must file the suit accordingly. Under California law, an eligible family member has two years from the date of death to file a suit. Exceptions to this statute of limitations may be granted if the loved one’s wrongful death isn’t discovered until some time after that individual passed away.

The following surviving loved ones are eligible to file a wrongful death suit in California:

• The surviving spouse, domestic partner, children, and issue of deceased children of the deceased
• Persons dependent on the deceased, including the deceased’s stepchildren or parents
• A minor, if, at the time of the death in question, the minor resided for the previous 180 days in the household of the deceased and was dependent on the deceased for 50 percent or more of the minor's support
• Exceptions may also be made for those who would be entitled to the property of the deceased by intestate succession, depending on the particular circumstances of the case

If you have questions about whether you have the standing to file a wrongful death case in California, or whether you may have the standing to file a wrongful death case in an alternative jurisdiction, please consult our firm. We’ll be able to provide you with personalized guidance once we learn more about the specifics of your loved one’s situation.

What Must Be Proven in a Wrongful Death Case?

Again, the wrongful death claims process generally progresses much in the same way that an injurious auto accident case, a medical malpractice suit, or a defective products claim would. There are two notable exceptions to this rule. The injuries caused to the accident victim must have resulted in their death and an appointment must be made to represent the interests of the deceased’s estate. We can talk you through how this representative process works.

In addition to these two elements specific to wrongful death cases, the following general personal injury elements must be proven as well:

• The party who caused the deceased harm owed the deceased a legal duty of care
• The responsible party breached that duty of care
• The breach of duty resulted in injuries to the deceased and financial “injury” to the surviving loved ones of the deceased

The term “duty of care” refers to a legal obligation that people owe one another. For example, when you drive your vehicle down a road, you owe all the fellow travelers and property owners around you a legal duty to operate that vehicle safely. If you breach that duty by driving while intoxicated, you hit another car and the occupants inside that car are harmed as a result of your recklessness, you may be held responsible for your behavior.

When constructing your loved one’s wrongful death case, we will investigate the situation that led to your loved one’s death in an effort to prove all of the elements noted above.

The more quickly you connect with our legal team, the more quickly we can begin gathering evidence and assessing the potential strengths and weaknesses of your case.

If you wait quite a while to file a claim, your case may not be able to benefit from any evidence that has been compromised over the passage of time. Attending a consultation can feel exhausting when you’re navigating grief. However, taking this single step forward now can help to ensure that your family isn’t burdened by the financial costs associated with your loved one’s loss. That is an effort worth making, if only to explore your options and avoid wondering “What if?” for years to come.

Do I Need a Lawyer to File a Wrongful Death Claim?

The wrongful death claims process is too complex to navigate without professional guidance. “Well,” you may be saying, “What if I just plan on taking an insurance settlement instead of pursuing legal action? Do I need a lawyer then?” For better and for worse, the answer to that question is, “Yes.” Insurance providers are for-profit enterprises. Therefore, their loyalties aren’t to you or to the memory of your lost loved one. Their loyalties are to their bottom line in service of their shareholders. As a result, they will almost certainly offer you a settlement offer that is worth far less than you’re entitled to unless you work with an experienced attorney who understands how to negotiate successfully with these companies. Remember, our firm will handle the legal “heavy lifting” so that you can focus your energy elsewhere. We will work hard to ensure that this process is as stress-free for you and your family as it can possibly be.

What Kind of Compensation Can Be Awarded in a Wrongful Death Case?

When a wrongful death case is filed in court, it is generally filed by the personal representative of the deceased’s estate. When damages are awarded, they are awarded to the estate before they can pass to different loved ones and parties per the terms of the deceased’s estate plan. In California, damages may be awarded for the following losses:

• Funeral, memorial service, cremation, and/or burial expenses
• Loss of financial support for surviving family members and dependents
• Loss of companionship, affection, etc. for surviving family members and dependents

Once we learn more about your loved one, your family, and your financial losses, we will be able to estimate the likely “value” of your wrongful death case. Understanding this figure will help you to make an informed decision concerning whether to pursue a claim or not.

What Is a Survival Action?

If your loved one survived their injuries for a period of time before passing away, you may be able to bring a survival action in California court. A survival action allows the estate of the deceased to seek damages that the deceased would have been able to recover in a personal injury suit, had they lived. Damages available in a survival action include:

• Medical expenses resulting from care for the deceased prior to their death
• Lost wages that would likely have been earned by the deceased had they lived

Note that a survival action and a wrongful death claim may be combined. Meaning, we won’t have to argue two cases separately to pursue damages for your loved one’s wrongful death claim and a simultaneous survival action.

Why Explore Your Wrongful Death Options with Our Firm’s Legal Team?

When a loved one is lost due to another’s negligence, recklessness, or intentional actions, the anger and confusion that can accompany the grief experienced by surviving loved ones can be truly overwhelming. It is partially for these reasons why too few surviving loved ones of accident victims and crimes choose to explore their legal options before the ticking clock that is the wrongful death statute of limitations runs out.

When you choose to work with our legal team, you’ll partner with professionals who are experienced, knowledgeable, and fully capable of representing your interests during the insurance negotiations process and during the legal claims process. However, you’ll also partner with professionals who will treat you, your family, and your grief with compassion, respect, and dignity. Wrongful death claims are uniquely stressful for families because they’re trying to navigate the practical consequences of loss while mourning a now-missing piece of their lives. We understand what it takes to aggressively pursue your family’s best interests while making this process as low-stress as it can possibly be for you.

Please call today for a free case evaluation. This meeting won’t obligate you to work with our firm moving forward or to file legal action. We’ll simply listen to your story, ask some questions, clarify your legal options, and address any concerns you may have at this time. The decision to pursue legal action or not will always rest with you.

Please schedule a confidential consultation with our firm today; we look forward to speaking with you.