CARE BEYOND THE COURTROOM
Wrongful Death Attorney
At Chandler Law, we investigate the circumstances of your loved one’s death and protect your family’s rights following a wrongful death.
Contact Us For Free Consultation
Practice Areas
We Are Your Family’s Defendant In Wrongful Death Cases
- $100s of millions Won for Our Clients
- No Win, No Fees
- 5 Star Rating on Google
Suffering the loss of a loved one due to someone else’s negligence or wrongdoing is one of the most wrenching and devastating experiences a family can face. In the aftermath of such an event, you may have the right to pursue a wrongful death claim against the party or parties responsible for your loved one’s demise.
As personal injury lawyers in Fresno, our team has the option to bring two distinct claims:
- One is a “survival action,” which is brought on behalf of the deceased by his or her personal representative seeking compensation for the injuries the victim suffered.
- The other is a California wrongful death claim brought on behalf of the surviving family members who suffered harm as a result of the loss of the victim.
At Chandler Law, our Fresno wrongful death attorneys can help you and other surviving family members investigate the accident, incident, or other scenarios that cause your loved one’s death. We can then determine whether you have sufficient grounds for a valid wrongful death lawsuit against those responsible, whether it is a person, persons, business or corporation, or even a government entity.
If you are dealing with the aftermath of a wrongful death, please schedule a confidential case evaluation with us Chandler Law by contacting us or calling us. Hablamos español.
What is a wrongful death case?
A wrongful death case is a legal action brought by the surviving family members or representatives of a deceased person who has died due to the negligent, reckless, or intentional actions of another party. The purpose of a wrongful death case is to seek compensation for the survivors’ losses, which can include:
- Funeral and burial expenses
- Loss of the deceased’s expected income
- Loss of inheritance due to the death
- Loss of companionship, love, and support
- Emotional pain and suffering of the survivors
This type of case aims to hold the responsible party accountable and provide financial relief to the affected family members. At Chandler Law, we have a proven track record of helping clients win the amounts they deserve in personal injury lawsuits.
Contact Chandler Law by calling (559) 431-7770 today to get started with one of our Fresno wrongful death attorneys.
What is the legal process for a wrongful death case?
Pursuing a wrongful death claim can provide some level of justice and financial support for the surviving family members. At Chandler Law, our Fresno wrongful death attorney is dedicated to fighting for families in Fresno, Madera County, Kern County, and Tulare County. We understand the complexities of wrongful death cases in California and are here to guide you through the legal process.
When pursuing a wrongful death claim, it is important to understand the legal steps involved:
- Investigation: Our experienced legal team will conduct a thorough investigation to gather evidence and determine liability. This may involve collecting accident reports, interviewing witnesses, and consulting with experts.
- Filing a Lawsuit: Once we have gathered sufficient evidence, we will file a wrongful death lawsuit on your behalf. This initiates the legal process and allows us to begin seeking justice for your loved one.
- Discovery: During the discovery phase, both parties exchange relevant information and evidence. This may include written interrogatories, depositions, and document requests.
- Negotiation and Settlement: In many cases, a settlement can be reached before going to trial. Our skilled negotiators will work tirelessly to secure a fair settlement that compensates you for your loss.
- Trial: If a settlement cannot be reached, we are fully prepared to take your case to trial. Our attorneys have extensive trial experience and will vigorously advocate for your rights in court.
- Compensation: If successful, you may be entitled to compensation for various damages, including medical expenses, funeral costs, loss of income, loss of companionship, and pain and suffering.
During this challenging time, it is crucial to have a compassionate and knowledgeable wrongful death attorney by your side. Contact us today for a free consultation, and let us help you seek justice for your loved one.
Who can bring forth a wrongful death lawsuit?
In California, a wrongful death lawsuit can be brought forth by the deceased person’s surviving spouse, domestic partner, children, and issue of deceased children. This is in accordance with California Code of Civil Procedure 377.60, which is a statute that governs who may bring a wrongful death lawsuit in the state of California.
According to this statute, the following parties are eligible to file a wrongful death claim:
- The deceased person’s surviving spouse or domestic partner
- The deceased person’s children
- If there is no surviving spouse, domestic partner, or children, then the persons who would be entitled to the deceased’s property by intestate succession, such as parents or siblings
- Any person who was financially dependent on the deceased, such as a putative spouse, children of the putative spouse, stepchildren, or parents
How long does it take to resolve a wrongful death case in Fresno, CA?
The time it takes to resolve a wrongful death case in California can vary widely, typically ranging from several months to several years. Factors influencing the timeline include:
- Complexity of the case
- Willingness of parties to negotiate a settlement
- Court’s schedule and backlog
- Specifics of the investigation and discovery process
- Disputes over liability or damages
- Availability and cooperation of witnesses and experts
- Pre-trial motions and hearings
- Potential appeals process
- Efficiency and strategy of the attorneys involved
- Insurance company’s response and settlement practices
While some cases may be resolved quickly through settlements, others may require prolonged litigation, especially if there are disputes over liability or damages. At Chandler Law, we work hard to investigate and resolve the case quickly and efficiently.
Are there time limits for wrongful death cases?
Yes, there are time limits for filing a wrongful death claim in California. Generally, the statute of limitations for wrongful death claims is two years from the date of the deceased person’s death. However, certain circumstances can affect this time limit:
- If the wrongful death resulted from medical malpractice, the claim must be filed within one year from the date the claimant discovered, or should have discovered, the injury.
- If the defendant is a government entity, a claim must be filed within six months of the death.
- Other exceptions and special rules may apply based on the specifics of the case.
When you consult with an attorney at Chandler Law, you can rest easy knowing we’ll ensure your claim is filed within the appropriate time frame.
What are the damages that can be recovered in a wrongful death case?
In a California wrongful death case, the damages that can be recovered typically include both economic and non-economic losses. Economic damages cover financial contributions the deceased would have provided, funeral and burial expenses, and the loss of benefits or gifts the heirs would have received. Non-economic damages include:
- Loss of companionship, love, and moral support
- Loss of consortium for the surviving spouse or partner
- Emotional pain and suffering of the surviving family members
These damages aim to compensate the family for both the tangible and intangible impacts of their loss.
Are there damage caps in California?
Effective January 1, 2023, a cap of $500,000 has been imposed on non-economic damages specifically in fatal medical malpractice claims in California. This cap restricts the amount of compensation that a victim can receive for their losses, even if their injuries are severe and warrant greater compensation. However, it’s important to note that, in general, personal injury cases in California do not have damage caps.
Personal injury cases in California, such as those resulting from car accidents, assault and battery, slip and fall incidents, product defects, or dog bites, do not have damage caps. This means that victims in these cases are entitled to receive full and fair compensation for their injuries.
It is worth mentioning that medical malpractice claims are an exception to this rule. California lawmakers have specifically targeted these lawsuits by implementing a cap on damages. This cap is a result of the Medical Injury Compensation Reform Act (MICRA).
While damage caps may limit compensation in certain cases, it is crucial to seek legal counsel to fully understand the specific details and nuances of your personal injury case. At Chandler Law, we can guide you through the legal process and help you pursue the compensation you deserve.
Are there damage caps in California?
A survival action, in relation to a wrongful death case, is a legal claim that allows the estate of a deceased person to pursue compensation for the damages the deceased person could have claimed if they had survived. Unlike a wrongful death claim, which compensates surviving family members for their losses, a survival action focuses on the losses suffered by the deceased before their death. These damages can include:
- Medical expenses incurred before death
- Lost wages from the time of injury to death
- Property damage
- Pain and suffering experienced by the deceased before passing
This type of action ensures that the deceased person’s rights to compensation are preserved and can benefit their estate. At Chandler Law, we can provide counsel and assistance in survival action lawsuits to help you receive fair and accurate compensation.
WE ARE HERE TO FIGHT FOR YOU