I’m Andy Gillin, a Fresno Wrongful Death Lawyer. If you think you may need a wrongful death lawyer please call us, for a free no obligation case evaluation. Hiring an experienced lawyer can help maximize your chances of success and your recovery amount.
Here are a few reasons to call us:
- We offer free case evaluations
- We are rated one of the best wrongful death law firms in the country by US News & World Report
- We have a 99%+ success rate
- We have recovered over $950 Million dollars for our clients and have had some of the largest wrongful death settlement amounts.
Losing a loved one is an unimaginable pain, and when it’s the result of someone else’s negligence, it can be even more difficult to bear. At our Fresno Wrongful Death Lawyer practice, we understand the emotional turmoil you’re going through and are here to help you navigate the complex legal process. Contact us for a free case review, and let our empathetic and experienced attorneys support you in seeking justice and compensation for your family’s loss.
Who Can File a Wrongful Death Claim in California?
In California, navigating the legal complexities of a wrongful death claim can be challenging, particularly when you’re already dealing with the emotional pain of losing a loved one. Understanding who is eligible to pursue a wrongful death claim is crucial in ensuring that justice is served and that the family receives the compensation they deserve.
Under California law, specific individuals are entitled to file a wrongful death claim on behalf of the deceased. These individuals typically include:
- The surviving spouse or domestic partner of the deceased.
- The surviving children of the deceased.
- If there is no surviving spouse or children, the deceased’s parents or siblings may be eligible to file a claim.
- Other dependents, such as stepchildren or putative spouses, may also be entitled to pursue a wrongful death claim if they can prove financial dependence on the deceased.
Each wrongful death case is unique, and determining the eligible parties can sometimes be complicated. Our empathetic and knowledgeable attorneys are here to help you understand your rights and guide you through the legal process.
Please don’t hesitate to contact us if you have lost a loved one due to someone else’s negligence, and let us help you pursue justice and compensation on behalf of your family.
How often do these accidents happen?
Cancer, heart attack, and other medical conditions are definitely serious concerns as far as cause of death in the US, but statistics from the US Centers for Disease Control and Prevention paint a different picture.
Accidental injuries top the list of the 10 Leading Causes of Death by Age Group for individuals aged 1 – 44 years old. Unintentional bodily harm ranks third as a cause of death for people 45 – 64 years old. The lives of surviving loved ones are forever changed.
At GJEL Accident Attorneys, we know that
legal action cannot bring back someone who died because of another person’s
misconduct. Still, we’re committed to making you as whole as possible after you
lose a loved one in an accident. Surviving family members have rights, and a Fresno wrongful
death lawyer can tell you more about them. Please contact
our office to schedule a free consultation today.
Your Rights as a Surviving Family Member
A wrongful death case falls under the
legal category of personal injury, except that the victim succumbed to his or
her injuries instead of merely getting hurt. Certain surviving loved ones
suffer losses for which they may be entitled to compensation under California
law. The key is being legally allowed to bring a claim, a concept known as
having “standing.” You can pursue a wrongful death action if you’re a:
- Surviving spouse, domestic partner, or child;
- Further distant relative that would be entitled
to inherit the victim’s property through the probate process; or,
- Designated individual who was dependent upon the
deceased for financial support.
Negligence in Wrongful Death Claims
Accidents happen because someone was
careless or reckless, which is termed “negligence” in the field of law. As with
a personal injury case, you can establish liability in a wrongful death case by
showing that someone breached the legal duty to exercise reasonable care. You
must also show that the breach was a direct cause of your loved one’s death, and
that you suffered losses due to his or her passing.
Note that it’s also possible to pursue a
wrongful death claim based upon intentional conduct, such as assault and
Seeking Compensation for Your Losses
Monetary damages in a wrongful death action
are intended to compensate for:
- Expenses related to medical care incurred to
treat the decedent before death;
- The costs of a funeral and burial;
- The lost income that the decedent would have
earned had he or she not suffered fatal injuries;
- Losses based upon the non-economic contributions
the deceased would have provided, such as support, guidance, education,
companionship, and many others.
Discuss Your Rights with a Fresno Wrongful Death Lawyer
You’ll always feel the impact after a loved one dies in an accident, but you don’t need to experience financial strain.
To learn more about your remedies in a wrongful death action, please contact GJEL Accident Attorneys at 866-249-2142 or fill out our contact form on our website.
We can schedule a no-cost case evaluation to review your situation and get started on a strategy to enforce your rights as a survivor.
When should you contact a wrongful death lawyer in Fresno?
Experiencing the sudden loss of a loved one is emotionally devastating and can be financially straining. Families that have lost a loved one due to negligence have the right to sue and receive compensation for their damages. GJEL Accident Attorneys, a California personal injury law firm, understands the legal complexities of wrongful death cases and helps families seek justice in court.
Dealing with the Financial Burden of a Death Claim Families face unexpected expenses, including funeral costs, medical bills, and loss of income, after losing a loved one. These expenses add up and put a significant financial burden on families. By filing a wrongful death claim, families can receive compensation for their loss, including:
- Medical bills and expenses related to the accident that led to the loved one’s death.
- Funeral expenses, such as burial costs and funeral home expenses.
- The lost income of the deceased person, including potential lifetime earnings.
- Pain and suffering of the family during the grieving process.
- Loss of companionship, emotional, and moral support.
Auto Accidents and Other Causes of Wrongful Death Auto accidents are one of the most common causes of wrongful death cases. In California, there were over 3,680 automobile deaths in 2016, and many of these accidents were due to distracted driving, speeding, and driving under the influence. However, there are other types of accidents that can result in wrongful death, including:
- Pedestrian and bicycle accidents
- Nursing home abuse
- Surgical mistakes
- Vicious dog attacks
- Defective products or dangerous medications
Legal Elements of a Wrongful Death Claim To have a successful wrongful death claim, the following legal elements must be met:
- The defendant owed a duty of care to the victim and breached their duty of care.
- The death of the victim was caused by the defendant’s negligence, carelessness, or recklessness.
- The surviving family members have suffered damages or harm emotionally or financially due to the loss.
- Proving these elements is critical to the success of a wrongful death claim.
GJEL Accident Attorneys is a personal injury law firm that has the expertise and experience to help families receive compensation for their loss. They can guide families through the legal process and help them seek justice for their loved one.
Losing a loved one is a difficult and emotional experience. The grief and sadness can be compounded when the death is caused by the negligence or recklessness of someone else. In such cases, the family of the deceased may have the right to file a wrongful death claim. A Fresno wrongful death lawyer can help guide you through this difficult process and ensure that your legal rights are protected. In this article, we will discuss what you need to know when choosing the right Fresno wrongful death lawyer.
What is Wrongful Death?
Wrongful death is a legal term that refers to a situation in which a person’s death is caused by the negligence or intentional harm of another person or entity. This can include car accidents, medical malpractice, defective products, or workplace accidents. In order to file a wrongful death claim, the surviving family members must be able to prove that the death was caused by the negligence or wrongdoing of another party.
What Does a Fresno Wrongful Death Lawyer Do?
A Fresno wrongful death lawyer is a legal professional who specializes in representing clients in wrongful death cases. They help clients understand their legal rights and options, investigate the circumstances surrounding the death, and determine whether or not there is a case for wrongful death. They also work to negotiate settlements or litigate the case in court on behalf of their clients.
How to Choose the Right Wrongful Death Lawyer
Choosing the right Fresno wrongful death lawyer can be a difficult and overwhelming task. Here are some factors to consider when making your decision:
- Experience: Look for a lawyer who has experience in handling wrongful death cases. Ask how many cases they have handled and what their success rate is.
- Reputation: Check the lawyer’s reputation in the legal community and read reviews from former clients.
- Communication: You want a lawyer who is communicative and keeps you informed throughout the process. Make sure the lawyer you choose is responsive to your calls and emails.
- Resources: Choose a lawyer who has the resources and staff to handle your case. Ask about their support staff and the experts they work with.
- Fees: Make sure you understand the lawyer’s fee structure and how they charge for their services.
Benefits of Hiring a Wrongful Death Lawyer
- Legal expertise: A wrongful death lawyer has the legal knowledge and expertise to guide you through the legal process and ensure that your rights are protected.
- Investigation: A lawyer can investigate the circumstances surrounding the death and gather evidence to support your claim.
- Settlement negotiations: A lawyer can work with the other party to negotiate a settlement that is fair and just.
- Court representation: If a settlement cannot be reached, a lawyer can represent you in court and fight for your rights in front of a judge and jury.
Frequently Asked Questions
Q: What damages can be recovered in a wrongful death case? A: Damages in a wrongful death case can include medical expenses, funeral expenses, lost income, pain and suffering, and loss of companionship.
Q: Who can file a wrongful death claim in California? A: In California, the surviving spouse, children, and certain other family members may file a wrongful death claim.
Q: How long do I have to file a wrongful death claim in California? A: In California, the statute of limitations for filing a wrongful death claim is generally two years from the date of the death.
Written by Andy Gillin. Last Updated 3/20/23