Why Grieving Families Trust GJEL
- 99% Success Rate: Our track record speaks for itself.
- Decades of Experience: We’ve helped countless families find justice and healing.
- No Win, No Fee: You don’t pay unless we win your case.
- Compassionate Guidance: We’re more than lawyers – we’re your partners in this difficult journey.
Take the First Step Towards Healing
The path ahead may seem overwhelming, but you don’t have to walk it alone. Let GJEL’s experienced wrongful death attorneys shoulder your legal burdens so you can focus on what truly matters – honouring your loved one’s memory and healing your family.
Call GJEL now at (866) 249-2142 for a free, compassionate consultation.
Remember, in California, time limits apply to wrongful death cases. Don’t let crucial evidence slip away – reach out today and let us help you transform your pain into purpose.
Don’t Face This Difficult Time Alone: Call GJEL Accident Attorneys Now
Here are a few reasons you should discuss your case with our attorneys right away:
- We offer Immediate Support & Compassion: We understand the overwhelming shock and grief you’re experiencing. Our team is here to offer support and guidance every step of the way.
- Proven Track Record of Results with a 99% success rate GJEL has a long history of securing fair compensation for families who suffered wrongful death. We fight tirelessly for the justice you deserve.
- Expert Legal Representation: Our experienced wrongful death attorneys have the knowledge and resources to navigate complex legal issues and protect your rights.
- Financial Security After Loss: We understand the financial burden wrongful death can create. Let us fight for compensation to help secure your future.
- Holding Negligent Parties Accountable: You deserve closure. We’ll work relentlessly to hold those responsible accountable for their actions.
Don’t wait to get the help you deserve. Call GJEL Accident Attorneys today for a free consultation. We’re here to fight for you.
Recent Accidental Death Settlement from GJEL
Losing a loved one is always heartbreaking. If that loss has been caused by someone else’s negligence, the pain is compounded by a sense of injustice. In these challenging times, you need a strong ally to help you navigate the complex and emotionally fraught world of wrongful death litigation. You need the experience and tenacity of GJEL Accident Attorneys.
We understand that no amount of money can replace your loved one, but we also believe in the power of legal action to bring closure and help you move forward.
If you’re in California and grappling with the loss of a loved one due to someone else’s negligence, don’t navigate this difficult time alone. Let our team of skilled and empathetic lawyers guide you through the process, and help you seek the justice your loved one deserves.
Start your journey towards justice today. Click the button below to schedule a free, no-obligation consultation with our team. We’re ready to listen, support, and fight for you. Because at GJEL, your family is our family, and your fight is our fight. Let’s seek justice, together.
GJEL is A Award Winning Accidental Death Law Firm
GJEL was just rated Top Injury Attorneys by Best Lawyers for 2021 and 2022. We have also recovered over 950 million dollars with a 99% success rate for our clients. We specialize in serious injury and wrongful death cases only. In the aftermath of a sudden loss, contacting an accidental death law firm like GJEL Accident Attorneys can help you navigate legal matters and potentially recover compensation for your loved one’s passing.
Wrongful Death Lawyers with Decades of Experience
– We have achieved strong settlements and verdicts for wrongful death cases
– 99%+ success rate
– Our legal professionals for wrongful death have handled cases similar to yours
-Attorney Luke Ellis has been rated one of the best lawyers for wrongful death cases.
The unexpected death of a loved one is a devastating event that no one prepares for. The emotional toll of such a tragedy can be much harder to bear when another person or entity is to blame for your loss. The pain and suffering that come with losing a loved one shouldn’t be accompanied by financial distress. Insurance coverage alone is often not enough to fully account for your long-term financial losses, future support needs, and the true impact of your loved one’s death. If your family has suffered a loss like this, contact our wrongful death lawyers in California now.
How We Help Families Through Complex Wrongful Death Litigation
The litigation process can be time-consuming and stressful, involving many different rules and procedures. The following are only a few things a GJEL wrongful death attorney in California will do during litigation:
Filing the Lawsuit
A wrongful death lawsuit has many requirements and must be persuasive enough to successfully present your legal case and stand up to challenges by the other party. You must also comply with strict procedural rules, including properly serving all defendants with notice of the lawsuit. If service of process is not handled correctly, your case can be dismissed even if liability is clear.
Gathering Evidence
Evidence in your favour is gathered in many different ways, including through investigators, depositions, document requests, and more.
Challenging the Other Side’s Defenses
The other party will certainly raise legal defenses to avoid liability. Our wrongful death attorney will answer back to challenge those defenses and protect your rights to a recovery.
Negotiate a Favorable Settlement
The majority of wrongful death lawsuits are settled out of court but this does not mean you should accept a settlement that is too low just to avoid trial. GJEL’s fatal accident attorneys will effectively use new arguments and evidence to negotiate until you receive the settlement offer you deserve. We are not afraid to litigate your case and hold wrongdoers responsible. If your case involves criminal conduct, you can pursue a civil wrongful death claim while the criminal case is still pending. You do not have to wait for a criminal outcome to seek justice and compensation.
Represent You at a Jury Trial
If the liable party refuses to make an adequate settlement offer, your wrongful death lawyer in CA will present your case at a trial, which involves strict rules of evidence and procedural requirements. This takes place in a courtroom with a judge and jury.
You May Be Able To File a Wrongful Death Suit in California
In California, when someone’s death is the result of wrongful behaviour or negligence, surviving family members can file what is known as a “wrongful death” lawsuit in civil court. You may be eligible to file even if your relationship to the deceased is not straightforward. In addition to spouses, domestic partners, children, and parents, California law can allow putative spouses, stepchildren, financially dependent family members, and in some cases the personal representative of the estate to pursue a wrongful death claim. Eligibility depends on your specific relationship and circumstances. In addition to spouses, domestic partners, children, and parents, California law also allows certain other parties to file a wrongful death claim. This can include putative spouses who believed in good faith they were married, stepchildren, dependents who relied financially on the deceased, and in some cases the personal representative of the decedent’s estate. Family relationships are not always simple, and eligibility can depend on the specific facts of your situation. Immigration status does not affect your right to file a wrongful death lawsuit. California law allows families to pursue wrongful death claims regardless of citizenship or documentation status. An experienced wrongful death lawyer can explain your rights and help you and your family seek justice for the pain you are experiencing Your immigration or citizenship status does not prevent you from filing a wrongful death lawsuit in California. You have the same right to pursue compensation regardless of documentation status..
In this article, we provide a basic overview of wrongful death laws in California. We’ll cover the elements of a wrongful death claim, who can file a wrongful death lawsuit, and the different types of damages that are available to a successful plaintiff.
We also discuss how the statute of limitations can impact your claim. This post is designed to give you basic information and should not be relied upon in the absence of advice from a qualified California wrongful death attorney. If you have questions about your rights or your family’s rights, contact one of our accidental death lawyers right away.
Elements of a Wrongful Death Case
In legal terminology, an “element” is an essential building block of a case. For someone to succeed in a case, the evidence must establish all of the required elements. In a wrongful death lawsuit in California, the following elements must be proven.
- The death of a human being;
- That was caused by another’s negligence, or with intent to cause harm; and
- The surviving family members are suffering financial losses as a result of the death.
GJEL accidental death attorneys will discuss and help you fortify each of these elements for your case.
Element One: What Kinds of Accidents or Intentional Acts Cause Wrongful Death?
Several different kinds of accidents can lead to wrongful death. These include car accidents, commercial truck accidents, bicycle accidents, pedestrian accidents, the use or consumption of dangerous or defective products, prolonged exposure to toxic chemicals, medical malpractice by a doctor or healthcare facility, fires, and other types of fatal accidents. Intentional acts such as a deadly assault, manslaughter, murder, arson, or other deliberately harmful act also may be the basis of a wrongful death claim.
Element Two: Was the Death Caused by Negligent or Intentional Conduct?
The causation element is critical in a wrongful death claim. To recover damages, you must be able to show that your loved one’s death was actually caused by the negligent or intentional conduct of the defendant. For example, you cannot sue a hospital just because your loved one died of cancer there. There is no wrongful death liability when someone dies purely from natural causes. However, if you can show that your loved one died of cancer as a result of prolonged exposure to cancer-causing chemicals in his or her workplace, you may be able to sue the former employer for wrongful death due to carelessness.
Because causation in a wrongful death lawsuit can be difficult to establish, it is important to hire a lawyer for wrongful death who has extensive experience taking wrongful death lawsuits to trial and obtaining successful verdicts for his or her clients.
Element Three: Have Survivors Suffered a Loss?
You and your family must be able to establish that you have suffered losses as a result of your loved one’s death. These might include the loss of your loved one’s affection and emotional support, financial support, or contributions to the household. Other types of losses include money you spent or will need to spend to take care of your deceased loved one’s medical expenses and funeral costs.
A wrongful death law firm can help you understand the full value of your wrongful death claim and will carefully calculate the amount of damages to which you are entitled.
Other Wrongful Death Settlements from GJEL
Below are just a few of the recent settlements from wrongful death cases from GJEL clients of our wrongful death firm. Click here to view all wrongful death settlements and verdicts.
10.8 Million from a Defective Tire Case
4.5 Million from a car accident case
Man killed in Contra Costa County
Here are Some of the Reasons our Clients Hired our Lawyers for Wrongful Death Cases:
- We will hold wrongdoers accountable for their actions.
- We have a 99% success rate with wrongful death claims throughout California.
- We have recovered over $950 million for our clients injured or killed due to the negligent acts of others.
- As a small wrongful death law firm you will get our full undivided attention to your case.
- We are 2021 / 2022 / 2023 recognized as the best northern California wrongful death attorneys from bestlawyers.com.
Have a question or want to talk to a wrongful death lawyer? Call us today at 1-866-254-5579 for a free case review.
The grieving process can be overwhelming and the last thing you want to worry about is navigating the legal system on your own. Seeking compensation is not about greed. Filing a wrongful death claim allows you to hold negligent parties accountable and helps protect your family from financial instability caused by a preventable loss. At GJEL, we can help you through this difficult time by fighting for justice and compensation on behalf of your loved one.
What Damages are Available in a Wrongful Death Lawsuit?
The wrongful death statute in California is relatively vague when it comes to the damages that surviving family members can recover after proving a wrongful death. If a survival action is also filed, the estate may recover damages for medical expenses incurred before death, lost wages prior to passing, and the pain and suffering your loved one experienced between injury and death.
In fact, the law simply states that any “just” damages may be available in a particular situation. Many different parties may bring wrongful death claims in CA, including spouses, children, stepchildren, parents, and other potential heirs.
The damages that each different party can recover will vary depending on their own specific and personal losses from the death. The law gives the court discretion to determine the rights of each party to certain damages.
For the above reasons, it is impossible to say exactly what damages you may receive without a thorough evaluation of your situation. You should also be aware that punitive damages are generally not available in wrongful death cases, except in limited situations involving especially egregious or criminal conduct. These damages are intended to punish extreme wrongdoing rather than compensate your family. While the best way to learn about potential damages in a wrongful death case is to consult with an experienced wrongful death in California.
Some Losses Which You May Be Able to Recover
- Reasonable funeral and burial expenses
- The estimated amount of income and benefits the deceased person would have earned in their lifetime had the accident not occurred
- Loss of financial support for the household
- Loss of services around the household, including cleaning, landscaping, cooking, caring for children, and other everyday tasks and contributions to the family
- Loss of intangible support, including love and affection, encouragement, moral support, guidance, attention, and more.
Some parties may have contributed to funeral expenses while others may not have. In addition, older parents may have lost financial support but not any household services if they did not live in the same place as the deceased. As you can see, the situations can vary widely depending on the specific circumstances.
Calculating Damages in a Wrongful Death Case
Once you have determined the type of damages that may be available in your wrongful death case, it becomes necessary to calculate the exact amount you want to seek. If more than one family member is entitled to compensation, damages are typically awarded as a single lump sum. If you and other claimants cannot agree on how to divide the award, the court may determine allocation on your behalf.
Some damages are much easier to calculate than others–for instance, to determine funeral and burial costs, you should simply examine all of the bills and receipts you received from the funeral home and other service providers. Note that only reasonable expenses will be reimbursed. This means that if you throw a lavish funeral and reception for your loved one, you may likely only receive a portion of the costs back.
Factors to Calculate Lost Future Earnings
- The age of the deceased and how many more years they would be expected to work;
- The education, skills, and abilities of the deceased;
- The deceased’s potential for promotions, raises, and other adjustments to income throughout the course of their career;
- Inflation and how wages and earnings would be adjusted over the years; and
- The benefits and retirement account contributions the deceased would have received.
Considering all of these factors into one calculation can be complicated and you will often need the assistance of an occupational and economic expert to reach an accurate estimate.
Experts are also used to determine the monetary value of household services lost, as well as the loss of affection, love, and other intangible support. Our California wrongful death attorneys have the resources needed to obtain expert analysis to ensure you receive a fair and just result in your case and always seek the maximum possible damages available.
Who Can File a Wrongful Death Lawsuit in California?
Spouse, domestic partner, children, and, if none, other heirs (Probate Code §6402) are typically eligible. …
California Wrongful Death Statute of Limitations
You generally have two years from the date of death to file (Code Civ. Proc. §335.1). …
Damages Available in a California Wrongful Death Action
- Economic: funeral and burial costs, lost financial support…
- Non-economic: loss of companionship, guidance…
How GJEL Wrongful Death Lawyers Stands up in Settlements
Much of what we do, however, in terms of proving damages in a wrongful death case revolves around the duty to show everyone exactly who this person was, who has passed away so suddenly and tragically – and we do that by talking to anyone and everyone we can find who knew them. Mostly family members, friends, and coworkers – the people close to this person who help us show exactly what they meant to their family and friends.
We do statements, we do video, we use photographs – all kinds of things to put together a portrait that ultimately is normally turned into a video about this person, who they were, and most importantly what they meant to the family member or family members we represent.
At GJEL We’re Here to Help You Get Through This Difficult Time
If you have questions about your fatality case or the process please Call Andy Gillin, our managing partner to discuss your situation. We will meet you to discuss your case and we always provide free consultations.
Our attorneys are known for specializing in wrongful death litigation, we’re with you every step of the way and you won’t pay anything unless and until we win your case.
Find the GJEL Office Nearest You
You don’t have to travel far to meet with us. We have offices across California. Find a nearby GJEL office and call us directly, or click the address to open directions in Google Maps.
San Jose GJEL Office
Telephone: (408) 955-9000
Location: 1625 The Alameda #511, San Jose, CA 95126
Oakland GJEL Office
Telephone: (510) 839-0707
Location: 11 Embarcadero West #133, Oakland, CA 94607
San Francisco GJEL Office
Telephone: (866) 268-7118
Location: 883 Sacramento St Apt A, San Francisco, CA 94108
Berkeley GJEL Office
Telephone: (510) 841-7820
Location: 1214 Fourth St, Berkeley, CA 94710
Antioch GJEL Office
Telephone: (925) 778-0377
Location: 5109 Lone Tree Wy #B, Antioch, CA 94531
Concord GJEL Office
Telephone: (925) 676-1330
Location: 2801 Concord Blvd, Concord, CA 94519
Fairfield GJEL Office
Telephone: (707) 425-3017
Location: 737 Jefferson St, Fairfield, CA 94533
Fremont GJEL Office
Telephone: (510) 794-9441
Location: 39159 Paseo Padre Pkwy Suite 112, Fremont, CA 94538
Fresno GJEL Office
Telephone: (559) 266-2244
Location: 433 E Keats Ave #11, Fresno, CA 93710
Gilroy GJEL Office
Telephone: (408) 617-8973
Location: 7787 Monterey Hwy Suite #104, Gilroy, CA 95020
Hayward GJEL Office
Telephone: (510) 886-5440
Location: 1728 B St, Hayward, CA 94541
Orinda GJEL Office
Telephone: (866) 268-7118
Location: 2 Orinda Theatre Square #230, Orinda, CA 94563
Pleasanton GJEL Office
Telephone: (925) 833-8990
Location: 344 Division St Suite 204, Pleasanton, CA 94566
Richmond GJEL Office
Sacramento GJEL Office
Telephone: (916) 447-7002
Location: 2410 Fair Oaks Blvd #125, Sacramento, CA 95825
Stockton GJEL Office
Telephone: (209) 460-1010
Location: 6653 Embarcadero Dr Ste. U, Stockton, CA 95219
Walnut Creek GJEL Office
Telephone: (925) 945-7999
Location: 2950 Buskirk Ave #300, Walnut Creek, CA 94596
Types of Wrongful Death Accidents We Represent
We represent families across California in wrongful death cases caused by preventable accidents, unsafe conditions, and negligent acts. Over decades of work, we’ve seen the same types of tragedies come up again and again. These are the main categories of wrongful death cases we handle:
Wrongful Death from Vehicle Accidents
Fatal car, truck, and bus crashes are among the most common wrongful death cases we see. We hold negligent drivers, unsafe road conditions, and defective vehicles accountable.
Wrongful Death from Drunk or Impaired Driving
When a driver chooses to drive under the influence of alcohol or drugs, the results are often deadly. We help families pursue justice in civil court while criminal charges are pending.
Wrongful Death from Pedestrian and Bicycle Accidents
Careless or distracted drivers can cause fatal collisions with pedestrians and cyclists. We stand with families in these heartbreaking cases to secure compensation and accountability.
Wrongful Death from Motorcycle Accidents
Motorcyclists are especially vulnerable on California roads. When drivers fail to share the road safely, we have represented families in wrongful death claims after devastating crashes.
Wrongful Death from Workplace Accidents
Unsafe job sites, faulty equipment, and ignored safety rules can cost workers their lives. We represent families in wrongful death claims against employers, contractors, and negligent third parties.
Wrongful Death from Defective Products
When defective auto parts, unsafe machinery, or dangerous consumer products cause fatal accidents, we pursue wrongful death claims against the manufacturers and sellers.
Wrongful Death from Premises Liability Accidents
Fatal accidents can occur because of unsafe property conditions such as broken stairs, poor lighting, or lack of security. We represent families in wrongful death lawsuits against negligent property owners.
Wrongful Death from Criminal Acts
Wrongful death isn’t always an accident. Homicide, assault, and arson can all give rise to civil wrongful death lawsuits. We help families pursue justice in civil court while criminal cases move forward.
ABOUT THE REVIEWER
Andrew (Andy) R. Gillin is a founding partner of GJEL Accident Attorneys and has practiced personal injury law in California state and federal courts since 1970. He earned his Juris Doctor from the University of Chicago Law School and co-founded GJEL in 1972. Over the course of his career, Andy has helped hundreds of injured plaintiffs recover compensation, including multiple seven-figure settlements and verdicts. He specializes in serious injury and wrongful death cases and holds an AV Preeminent rating from Martindale-Hubbell, with recognition from Super Lawyers and Best Lawyers in America.
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