California Wrongful Death Lawyers

Getting the Support You Need After Losing a Loved One

Losing a loved one is one of life’s most painful experiences, and it’s even harder when their death was caused by someone else’s negligence or wrongdoing. During such a difficult time, understanding your rights and responsibilities can feel overwhelming. Consulting with an experienced wrongful death attorney early on is crucial to ensure your family receives the help and support needed.

While no amount of money can replace your loved one, pursuing compensation can help provide financial stability and hold the responsible party accountable. If you’ve lost a family member due to someone else’s actions, call our California wrongful death attorneys for a FREE CONSULTATION today. Let us help you take the next steps forward.

What Should I Do After a Wrongful Death in California?

Losing a loved one is a deeply painful experience, and navigating what to do next can feel overwhelming. Taking the right steps after a wrongful death can help protect your family’s rights and secure justice. Here are some steps to consider:

• Seek emotional support from family, friends, or professional counselors to help you cope during this difficult time.
• Obtain essential documents, such as the death certificate and medical records, to verify the cause and circumstances of your loved one’s passing.
• Notify the proper authorities if suspicious or unlawful circumstances surround the death.
• Collect any available evidence, including witness accounts, photographs, or videos, that may help support your case.
• Avoid discussing the case or agreeing to settlements from insurance companies without consulting an attorney, as these offers may undervalue your claim.
• Contact our knowledgeable wrongful death lawyers in California to understand your legal rights and explore your options for pursuing compensation.

At Thompson Law, we understand how overwhelming this time can be. Our compassionate team is ready to handle the legal details, so you can focus on your family and healing. Reach out to us today for the support and guidance you deserve.

Who Can File a Wrongful Death Claim in California?

In California, only specific individuals are allowed to file a wrongful death claim. This legal action can be brought against a person, company, or even a government entity responsible for a loved one’s death. To proceed with a wrongful death lawsuit, you must fall into one of the following categories:

• The surviving spouse
• A surviving child (adult or minor)
• The surviving parent(s)
• A legally adopted child of the deceased
• The surviving adoptive parent(s)
• The executor or administrator of the deceased’s estate

When there are multiple claimants, such as a spouse, children, and parents, the relationship to the deceased often influences the distribution of a settlement. Typically, spouses and children receive larger portions compared to more distant relatives like parents of an adult child. However, unique circumstances, such as estranged relationships or the absence of a legal or common-law marriage, may affect how a settlement is divided.

If you believe you have the right to file a wrongful death claim, consulting an experienced California wrongful death lawyer can help ensure your legal rights are protected.

What is Required to File a Wrongful Death Lawsuit in California?

To file a wrongful death lawsuit in California, you must prove that:

1. Another’s negligence or intentional act caused the death. You need to show that your loved one’s death resulted directly from someone else’s careless actions or deliberate intent to cause harm.
2. Eligible family members suffered losses. Surviving family members eligible to file the claim must demonstrate that they have experienced financial or emotional hardships due to the death.

Eligible family members typically include the deceased person’s spouse, domestic partner, children, and sometimes other dependents or heirs.

If your loved one has died because of someone else’s negligence or wrongful act, it’s important to consult our California wrongful death attorneys promptly. We can provide guidance specific to your situation and help you understand your rights and options.

Leading Causes of Wrongful Death in California

Wrongful deaths in California are often caused by various factors that result from negligence, unsafe conditions, or failures in duty of care. These include:

• Motor vehicle accidents that involve cars, trucks, bicycles, pedestrians, boats, or aircraft. Fatalities can result from collisions on the road, boating mishaps, or aviation incidents like plane or helicopter crashes.
• Workplace accidents that occur in high-risk jobs such as construction or industrial facilities. These fatalities are often due to unsafe working conditions, improper training, or negligence by employers or coworkers.
• Premises liability cases where unsafe property conditions lead to fatal accidents. Common examples include slip and falls, dog attacks, swimming pool injuries, firework mishaps, or amusement park incidents where property owners failed to maintain safety.
• Medical malpractice that happens when healthcare providers fail to meet required care standards. This includes surgical errors, incorrect medication dosages, or misdiagnoses. Proving medical malpractice in California requires showing that the provider acted with “willful and wanton negligence.”

If you have lost a loved one due to any of these causes, consulting a California wrongful death attorney can help you understand your rights and pursue justice for your family.

Types of Damages Available in a California Wrongful Death Lawsuit

In a wrongful death case, “damages” refer to the financial compensation awarded to family members of the deceased to address their losses. California law allows surviving family members to seek various types of damages, including both economic and non-economic factors.

Economic Damages

• Medical expenses related to the care provided to the deceased before their passing. These costs are often significant in wrongful death cases.
• Funeral and burial costs that can place a financial strain on families already coping with loss.
• Lost income from the deceased, which can create a major financial burden for surviving family members who depended on their support.
• Lost services that the deceased provided to the family, such as childcare, household management, or other contributions.

Non-Economic Damages

• Pain and suffering experienced by the deceased if they survived for a period before passing.
• Mental anguish endured by the surviving family members as they cope with their loss.
• Loss of companionship for spouses, children, and parents who have been deprived of the deceased’s presence and future.
• Loss of consortium for spouses, addressing the loss of affection, companionship, and intimacy with the deceased.
• Loss of parenting and guidance for children who will grow up without the care, advice, and support of a parent.

The specific damages you may be entitled to depend on the details of your case. Working with experienced California wrongful death lawyers can help you determine which damages apply and ensure your family receives the compensation it deserves.

If you have a wrongful death claim, contact our California wrongful death attorneys for a FREE CASE REVIEW. We’ll answer your questions, explain the process, and start working on your case today. Let us help you during this difficult time.

What is a Typical Wrongful Death Claim Settlement in California?

The value of a wrongful death settlement in California varies greatly depending on the circumstances. Settlements can range from $30,000 to over $1,000,000 or more. Several factors influence the value of a wrongful death claim, including:

• Medical expenses incurred before death. The defendant is typically responsible for covering medical bills related to the deceased’s care after the accident.
• Type of accident and cause of death. Claims may include compensation for the deceased’s pain and suffering if they experienced prolonged suffering before passing. Quick and painless deaths usually result in smaller settlements. Family members who witnessed the event may also pursue a bystander claim.
• Age and health of the deceased. Younger victims may result in higher settlements due to the loss of future earning potential and enjoyment of life. However, very young victims who had not yet reached their earning potential could impact the claim differently.
• Income and retirement proximity. The higher the deceased’s income and the further they were from retirement, the greater the settlement is likely to be.
• Insurance coverage of the defendant. In car accidents, for example, if the at-fault party has a minimal insurance policy, the claim may be limited to their coverage. Conversely, accidents involving commercial vehicles often involve higher policy limits, which can lead to larger settlements.
• Circumstances of the accident. California allows for punitive damages in wrongful death cases. If the defendant’s actions were especially reckless, such as in cases of drunk driving, punitive damages may be added to the settlement.
• Number of dependents. When the deceased supported multiple dependents, this is taken into account to calculate a fair settlement for their loss of financial support.

No settlement can truly compensate for the loss of a loved one, but financial compensation can provide security and hold the responsible party accountable. If you’ve lost a loved one due to someone else’s negligence, contact our California wrongful death lawyers for a FREE CONSULTATION.

Are Wrongful Death Settlements Taxable in California?

In California, most wrongful death settlements are not considered taxable income under federal or state law. The IRS and California tax authorities generally exclude compensation for physical injuries or illness, which includes wrongful death settlements. This means that damages awarded for medical expenses, funeral costs, and pain and suffering are typically tax-free.

However, certain portions of a settlement may be taxable. For example, punitive damages—awarded to punish the defendant for reckless or intentional misconduct—are considered taxable income. Additionally, any interest accrued on the settlement amount while the case is pending may also be subject to taxation.

To ensure you understand the tax implications of a wrongful death settlement, it’s important to consult a tax professional or our experienced wrongful death attorneys. We can help you navigate the financial aspects of your claim and minimize any tax burdens.

What You Need to Know About Survival Actions

In California, a survival action is a legal claim that allows the estate of a deceased person to pursue damages the deceased could have claimed if they had survived the incident. Unlike wrongful death claims, which focus on the losses suffered by surviving family members, survival actions address the damages the deceased experienced before their passing.

These claims can include compensation for medical bills, lost wages, and property damage incurred between the time of the accident and the individual’s death. Pain and suffering damages may also be included if the deceased lived for any period after the incident, although California law places limitations on these claims in certain cases.

Survival actions are filed by the estate’s executor or administrator, and any recovered damages are typically distributed according to the deceased’s will or California’s intestacy laws if no will exists. It is important to understand that survival actions must be initiated within the same statute of limitations that applies to the underlying injury claim, which is often two years from the date of the incident.

If you believe a survival action may be appropriate for your situation, contact our experienced California wrongful death attorneys for guidance. We offer a FREE CONSULTATION to help you understand your legal options and protect your rights.

How Long Do I Have to File a Wrongful Death Claim in California?

In California, you generally have two years from the date of your loved one’s death to file a wrongful death lawsuit. This timeframe is known as the statute of limitations, and it is crucial to act within this period to preserve your legal rights. If you miss this deadline, you may lose the ability to pursue compensation for your loss.

There are exceptions that can modify the two-year statute of limitations. For example:

• Government-related claims: If your wrongful death claim involves a government entity, such as a city or public agency, you must file a claim within six months of the death.
• Delayed discovery: If you were unaware of the cause of death due to concealed facts or delayed discovery, the statute of limitations may begin on the date you discovered (or should have reasonably discovered) the cause.

To ensure your claim is filed on time and properly, it’s essential to consult with a California wrongful death attorney as soon as possible. They can help you navigate the legal process, gather evidence, and meet critical deadlines. Contact us today for a FREE CONSULTATION to discuss your case and protect your right to seek justice.

Our Case Results Speak for Themselves

At Thompson Law, our track record demonstrates our ability to secure substantial settlements for our clients in wrongful death and injury cases. In 2021, we achieved one of the top 100 wrongful death settlements in the United States and secured 15 of the top 50 injury settlements in Texas. Below are examples of the net amounts paid to clients in a variety of wrongful death cases:

• $11,991,670 – Truck accident
• $9,512,498 – Fire caused by defective chair
• $8,540,000 – Vehicle crashworthiness defect
• $8,010,186 – Fuel system failure
• $7,694,750 – Industrial accident
• $5,704,363 – Vehicle transmission defect
• $5,154,600 – Defective lamp resulting in smoke inhalation
• $4,790,686 – Tire failure
• $4,527,944 – Water heater defect
• $4,021,912 – Cement wall collapse
• $3,963,371 – Plant explosion
• $3,833,236 – Construction accident
• $3,516,463 – Commercial vehicle accident
• $3,143,193 – Airplane crash
• $3,020,676 – Natural gas leak
• $2,873,498 – Automotive accident
• $2,723,284 – Premises liability accident
• $2,090,070 – Oil field accident

These figures reflect the amounts directly received by our clients, not the total settlement values, showcasing our dedication to maximizing compensation.

While every case is unique, these results highlight our expertise and experience in handling complex wrongful death claims across various accident types. This list is a sample of the cases we handle and does not encompass every type of claim we can assist with.

If you’ve lost a loved one due to negligence or wrongful acts, contact our California wrongful death attorneys for a FREE CONSULTATION. Let us review your case and determine how we can help you seek justice.

Why Choose Thompson Law?

Our California wrongful death lawyers operate on a contingency fee basis, meaning you won’t pay us unless we secure compensation for you. If we recover money on your behalf, our fee is a percentage of the settlement or award.

Our dedicated team is bilingual in English and Spanish and is here to support you every step of the way. We are available 24/7 to assist you in starting your wrongful death claim. Our attorneys will handle every aspect of the legal process, allowing you to focus on your family’s healing and recovery during this difficult time. Let us guide you toward justice and the compensation you deserve.

If you’ve lost a loved one due to someone else’s negligence, it’s essential to act promptly. Contact our California wrongful death lawyers today or complete our form for a FREE, NO-OBLIGATION CONSULTATION with an attorney at Thompson Law.

Protect your right to seek full compensation for the untimely loss of your loved one. Understanding your options now can help you and your family move forward and begin the healing process. Call us today for compassionate and experienced legal support.

Frequently Asked Questions

What compensation can be recovered in a California wrongful death case?

In California, wrongful death compensation can include economic damages such as medical bills, funeral expenses, lost income, and loss of household services. Non-economic damages may cover pain and suffering, mental anguish, loss of companionship, and loss of guidance. Punitive damages may also be awarded in cases of egregious negligence or misconduct.

Can I file a wrongful death claim if the deceased had no income?

Yes, a wrongful death claim can still be filed even if the deceased had no income. Non-economic damages, such as loss of companionship, guidance, or emotional support, are often significant factors in these cases. The claim may also address expenses like funeral costs and any medical bills incurred before death.

What happens if the at-fault party in a wrongful death case has no insurance?

If the responsible party lacks insurance, there may still be options to pursue compensation, such as going after personal assets or exploring other liable parties. Additionally, the deceased’s own insurance policy, such as uninsured motorist coverage, may provide compensation in some cases. Consulting with our attorneys can help you identify all available options.

Can multiple family members file separate wrongful death claims?

No, California law generally requires all eligible family members to join together in a single wrongful death claim. The compensation is distributed among the claimants based on their relationship to the deceased and the extent of their losses.

What if the deceased was partially at fault for the accident?

California follows a comparative negligence rule, meaning compensation may still be awarded even if the deceased was partially at fault. However, the settlement or award will be reduced by the percentage of fault attributed to the deceased. For example, if the deceased was 20% at fault, the damages would be reduced by 20%.

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