Pursuing a wrongful death case on behalf of survivors in California is complex, and the legal counsel of an experienced attorney is vital to your success. It is important to consult with a wrongful death attorney as soon as possible. The discovery period of your case, retaining experts and case preparation take time. Additionally, strict statutes of limitation may govern when and if you can file a civil action seeking damages.
If you believe the death of a loved one was caused by the negligent or wrongful act of another, you may have a wrongful death case that is worth pursuing for compensation. At Winer, McKenna & Burritt, LLP, we provide legal counsel and representation to people throughout California. We help people seek deserved compensation from individuals, companies and health care providers whose irresponsible actions led to or caused the death of our clients’ loved ones.
With offices in Oakland, San Francisco and Los Angeles, our compassionate attorneys are at your service. We have the resources and experience to pursue cases involving accidents, malpractice, elder abuse and murder. Our partner attorneys have more than 60 years of combined experience handling personal injury and wrongful death cases throughout the state.
Our law firm has obtained more than $150 million in verdicts and settlements on behalf of our clients. Call us today at 800-652-6137 to discuss how we can hold responsible parties accountable for your loss.
Seeking Compensation, Closure And Justice
While a wrongful death lawsuit for financial compensation will not bring your loved one back, a settlement or verdict in your favor may offer some closure and emotional and financial assistance in coping with your losses. We pursue justice in your best interests, taking your case to trial only if an appropriate settlement cannot be reached. Most cases settle out of court.
California Wrongful Death Law
Whether the deceased was an adult or child, designated survivors are entitled to file a wrongful death case. Survivors include parents, siblings and children under different circumstances. Survivors are entitled to compensation for losses, including:
- Medical costs
- The value of future monetary contributions and personal service, advice or training from the decedent
- Loss of love
- Loss of companionship, comfort, society, affection, solace or moral support
Punitive damages are recoverable only in “survival actions,” which entitle the estate of the deceased to recover economic losses incurred as a result of the incident that eventually caused the death even if the deceased survived the incident that killed them, even for a moment.
It is important to consult an experienced lawyer as soon as possible. Many complexities may sway the results of your unique case, and strict statutes of limitations exist, as they do with all personal injury cases. Please see our wrongful death FAQ for more information.
What Is The Statute Of Limitations In A Wrongful Death Case In California?
Generally, the statute of limitations is two years from the date of death. However, the source and nature of the action that caused death, the circumstances of the plaintiff(s) and defendant(s), and other factors such as the following also contribute:
- Medical malpractice claims may have a one-year statute of limitations.
- If a case is being brought against a California government entity, a government tort claim must be filed first. A 180-day limitation period exists for these claims.
Aspects Of A California Wrongful Death Case
Our attorneys can help you with every aspect of your wrongful death case. This includes issues involving:
- Damages in wrongful death cases — Damages often include medical costs; value of monetary contributions; emotional losses such as loss of companionship, psychological impact of the death on survivors and other personal losses.
- The emotional impact to the family — Emotional and psychological impacts may be devastating and cause severe damages. They require professional evaluation.
- Fatal motor vehicle accidents — Car crashes are one of the leading causes of wrongful death.
- Fatal workplace accidents — Our attorneys are familiar with all types of causes of wrongful death in the workplace across a variety of industries. Case types include occupational hazards such as exposure to hazardous conditions, substances or fumes, falls and other accidents.
- Fatal motorcycle and bicycle accidents — We are committed to helping those left behind after a fatal motorcycle or bicycle crash takes the life of a spouse, domestic partner, parent, child or guardian.
- Child death — Tragically, children in California die every day from preventable circumstances. We help our clients cope and gain monetary recovery for losses.
- Pedestrian accidents — We handle cases throughout California where pedestrians are killed by moving vehicles.
- Train, plane and boat accidents. We also handle cases in which a loved one is killed in a train, plane or boat accident.
A settlement for damages or a favorable verdict in a wrongful death action will not bring your loved one back, but the process of coping with loss, medical expenses, lost income and painful psychological trauma can be aided by obtaining fair and just compensation with the help of a dedicated attorney.
Significant Wrongful Death Cases
- $2,500,000 — 20-Year-Old Girl Killed as a Passenger in a Solo Automobile Accident
- $2,000,000 — Wrongful Death of Politician and Cameraman
Contact Our Oakland Wrongful Death Attorneys
Contact Winer, McKenna & Burritt, LLP, today at 800-652-6137 toll free to speak with a Los Angeles-, San Francisco- or Oakland-based wrongful death lawyer. We offer free initial consultations and pursue all cases on a contingency fee basis.