Losing a loved one because of someone else’s negligence is one of the most devastating experiences a family can endure. If this happened to you, a Fresno personal injury lawyer can help you seek justice.
Fowler | Helsel | Vogt has been representing Californians since 2010. If you lost a loved one due to the wrongful or negligent actions of another party, a Fresno wrongful death lawyer can help you pursue compensation.
The Role of a Fresno Wrongful Death Attorney
Wrongful death claims can be legally complex and emotionally challenging. Some of the ways a Fresno wrongful death attorney can help include:
- Investigating the cause of death: An attorney can gather evidence, review accident reports, obtain medical records, and identify the parties responsible for the death.
- Calculating damages: A lawyer can assess your losses and calculate the value of your claim.
- Negotiating with insurance companies: Insurance carriers often attempt to minimize payouts. A lawyer can push for fair compensation during settlement negotiations.
- Filing a lawsuit: If a fair settlement cannot be reached, an attorney can present your case in court and pursue compensation through litigation.
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What Types of Damages Can You Pursue?
The financial impact of a wrongful death can be devastating. You and your family may be able to recover compensation for:
- Medical expenses: We will work to recover the costs of hospital stays, surgeries, and other treatments your loved one received before their passing.
- Funeral and burial costs: We will seek compensation for funeral expenses and related burial costs to help ease your family’s financial burden.
- Lost wages and earnings: If your loved one was the primary earner in your family, we will fight to secure compensation for lost wages and future earning potential.
- Pain and suffering: We pursue damages for the emotional pain and suffering experienced by you and your family.
- Loss of companionship: We seek compensation for the emotional loss of your loved one’s companionship, care, and affection.
- Punitive damages: In cases of gross negligence or intentional harm, we may pursue punitive damages to hold the at-fault party further accountable.
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How Long Do You Have to File a Wrongful Death Claim in California?
According to California Code of Civil Procedure § 335.1, surviving family members generally have two years from the date of a loved one’s death to file a lawsuit. However, exceptions may apply in cases involving government entities, the delayed discovery of injuries, or minors.
Failing to file before the applicable deadline can result in you losing your right to pursue compensation, which is why it’s important to contact a wrongful death lawyer serving Fresno as soon as possible.
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Who Is Eligible to Sue for Wrongful Death in California?
Only certain family members are eligible to file a wrongful death lawsuit in California. Those parties are:
- The deceased’s surviving spouse
- The deceased’s domestic partner
- The deceased’s surviving children
- The deceased’s surviving grandchildren
If none of these people are available to sue, then anyone who would be entitled to the property or estate of the deceased may bring forth a claim, including the deceased’s parents, siblings, or other dependents.
How Do You Prove Negligence?
To succeed in a wrongful death lawsuit, you must establish that another party’s negligence or wrongful conduct caused your loved one’s death.
Generally, proving negligence requires demonstrating the following elements:
- Duty of care: The defendant owed the deceased a legal duty of care.
- Breach of duty: The defendant failed to meet that duty through careless, reckless, or wrongful conduct.
- Causation: The breach directly caused or substantially contributed to the death.
- Damages: You and your family members suffered losses as a result of the death.
Evidence commonly used to prove negligence includes police reports, accident scene photographs, surveillance footage, medical records, witness testimony, and expert opinions.
How Does the Wrongful Death Claims Process Work?
While every wrongful death case is different, they typically consist of these stages:
- Initial consultation: You meet with a wrongful death lawyer to review your legal options.
- Case investigation: Your lawyer gathers documentation, consults with experts, and identifies who is responsible for your loss.
- Claim filing: You and your lawyer prepare and submit all necessary documents in accordance with California legal and court procedures.
- Discovery: Both sides investigate each other’s cases by exchanging documentation, answering written questions under oath (interrogatories), and conducting out-of-court oral testimonies (depositions).
- Negotiations: Your lawyer works to negotiate a settlement on your behalf.
- Trial: If a settlement cannot be reached, the case moves to trial, where a judge or jury hears the evidence and determines the outcome.
How Is a Wrongful Death Claim Paid Out?
The most common types of payout structures in wrongful death cases are:
- Lump–sum payment: The entire settlement or judgment amount is paid at one time.
- Structured settlement: Payments are distributed over a predetermined period according to an agreed-upon schedule.
- Trust fund: If minor children are the primary beneficiaries, the court may order the funds to be placed into a trust and protected until they reach a certain age or meet specific conditions.
How a settlement is allocated between family members depends on each person’s relationship with the deceased and the extent of their individual losses.
What Is the Definition of Wrongful Death in California?
Under California law, a wrongful death occurs when a person dies because of another individual’s negligence, recklessness, or wrongful act.
Wrongful death claims are civil actions rather than criminal cases. The purpose is not to impose criminal punishment, but to compensate surviving family members for the losses resulting from the death. As such, a wrongful death lawsuit may proceed even if no criminal charges are filed.
Common Causes of Wrongful Death
All kinds of accidents can provide grounds for a wrongful death lawsuit. Some of the most common kinds are:
- Car accidents: Fatal crashes involving distracted driving, speeding, drunk driving, or reckless behavior frequently lead to wrongful death claims.
- Truck accidents: Commercial truck collisions often cause fatal injuries.
- Motorcycle accidents: Riders can suffer fatal injuries when negligent drivers fail to share the road.
- Pedestrian accidents: Drivers who fail to yield, ignore traffic signals, or drive distracted can cause fatal pedestrian accidents.
- Bicycle accidents: Cyclists may suffer fatal injuries when motorists fail to provide adequate space or follow traffic laws.
- Medical malpractice: Misdiagnoses, surgical errors, medication mistakes, and other medical negligence can result in preventable deaths.
- Work–related accidents: Construction accidents, industrial incidents, falls, and equipment failures may cause fatal injuries on the job.
- Defective products: Dangerous consumer products, automotive defects, and faulty equipment can cause fatal accidents.
- Premises liability incidents: Property owners may be responsible when hazardous conditions contribute to fatal injuries.
- Criminal acts: Assaults and other intentional acts of violence may give rise to wrongful death claims in addition to criminal proceedings.
Why Choose Our Firm?
At Fowler | Helsel | Vogt, we are dedicated to providing compassionate, effective legal representation.
Here’s why so many clients turn to us for help after losing a loved one:
- Available 24/7: We understand that emergencies don’t follow a schedule. Our team is always ready to assist you, day or night.
- Free consultations: You should understand your legal options without worrying about upfront costs. That’s why we offer free, no-obligation consultations.
- Millions recovered: We’ve secured millions of dollars in compensation for our clients, helping them rebuild their lives after experiencing a devastating loss.
- Decades of combined experience: Our team’s extensive experience gives us the insight and skill to handle even the most complex cases.
Consult a Wrongful Death Lawyer Serving Fresno
It’s natural to feel overwhelmed after the unexpected loss of a family member. If you intend to file a claim, a Fresno wrongful death attorney from Fowler | Helsel | Vogt can guide you through the process and fight for the compensation you deserve.
Schedule a free consultation to find out how you can pursue justice.
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