Overview
The sudden loss of a loved one due to another's negligence or wrongful conduct is devastating. In addition to the emotional toll, families often face significant financial hardship from lost income, medical bills, and funeral expenses.
California's wrongful death laws allow surviving family members to seek compensation for their losses and hold responsible parties accountable. At The Brandi Law Firm, we understand that no amount of money can replace your loved one. However, we believe that those responsible should be held accountable, and that your family deserves financial security during this difficult time.
Our attorneys have decades of experience handling wrongful death claims arising from car accidents, dangerous road conditions, defective products, workplace incidents, and other causes. We conduct thorough investigations to establish liability and work with financial professionals to accurately assess your family's losses.
With over $1.6 billion in verdicts and settlements, we have the resources and experience to take on complex wrongful death cases against large corporations, government entities, and insurance companies who may not be acting in your best interest.
Types of Cases We Handle
Vehicle Accident Deaths
Fatal collisions involving cars, trucks, motorcycles, bicycles, and pedestrians caused by driver negligence, vehicle defects, or dangerous road conditions.
Dangerous Property Deaths
Fatalities resulting from hazardous conditions on public or private property, including unsafe roads, defective infrastructure, and negligent maintenance.
Product Liability Deaths
Deaths caused by defective consumer products, including vehicles, medical devices, pharmaceuticals, and household products.
Workplace Fatalities
On-the-job deaths caused by third-party negligence, unsafe equipment, or hazardous working conditions. These claims are typically separate from workers' compensation.
Medical Negligence Deaths
Deaths resulting from errors in medical diagnosis, treatment, or follow-up care that fall below accepted standards of practice.
Elder Abuse Deaths
Fatalities in nursing homes and long-term care facilities due to neglect, abuse, or inadequate supervision.
Understanding California Law
Under California Code of Civil Procedure section 377.60, wrongful death claims may generally be brought by the decedent's surviving spouse or domestic partner, children, or other individuals who would be entitled to the property of the decedent under California intestate succession laws.
There are strict time limits for filing a wrongful death claim in California. While the statute of limitations is generally two years from the date of death for most claims, exceptions can apply, particularly when government entities are involved. Consulting with an attorney promptly is critical to preserving your family's legal rights.
California law recognizes both a wrongful death cause of action (for losses suffered by survivors) and a survival action (for losses suffered by the deceased before death). These are separate claims that may be pursued together. An attorney can help evaluate which claims may be appropriate in your situation.
Potential Compensation
Depending on the circumstances of your case, you may be able to pursue compensation for the following types of damages:
Our Process
Compassionate Consultation
We meet with your family to understand what happened, explain your legal options, and answer your questions with sensitivity and care. There is no fee for this initial meeting.
Thorough Investigation
We investigate the circumstances of the death, consulting with accident reconstruction professionals, medical consultants, and other qualified professionals to establish what happened and who is responsible.
Financial Analysis
We work with economists and financial professionals to calculate the full extent of your family's losses, including future lost income, benefits, and the value of the services and companionship your loved one would have provided.
Pursuit of Accountability
We negotiate aggressively with insurance companies and responsible parties. If a fair resolution is not offered, we are prepared to take the case to trial.
Resolution & Support
We guide your family through the resolution process and can help connect you with grief counseling and other support resources.
What Sets Us Apart
Notable Case Results
The results described below are representative of past outcomes. Each case is unique. Prior results do not guarantee a similar outcome.
Family v. State of California
Two children were killed in a crossover accident. The jury found that the State should have placed a center median barrier on the road.
Bicyclist Wrongful Death v. State of California
Wrongful death of a bicyclist who was riding on the shoulder. We contended that the State should have provided barrier protection for bicyclists.
Family v. City of San Francisco
We represented the families of an adult and four children under 7 who perished in a fire due to inadequate maintenance in a public housing unit.
Frequently Asked Questions
Who can file a wrongful death lawsuit in California?
Under California law, wrongful death claims may generally be filed by the decedent's surviving spouse or domestic partner, children, or other individuals entitled to the property under California's intestate succession laws. In some situations, other dependents may also have standing. An attorney can help determine who may file a claim in your specific situation.
How long do we have to file a wrongful death claim?
The statute of limitations for wrongful death in California is generally two years from the date of death, but there are important exceptions. Claims against government entities often have much shorter notice requirements. We strongly recommend consulting with an attorney as soon as possible.
Can we file a wrongful death claim if the death was caused by a government entity?
Yes, but claims against government entities in California are subject to special procedures, including a shorter timeline for filing an administrative claim. The Brandi Law Firm has extensive experience handling wrongful death cases against public entities, including the State of California and its agencies.
What is the difference between a wrongful death claim and a survival action?
A wrongful death claim compensates surviving family members for their own losses, such as lost financial support and companionship. A survival action, on the other hand, recovers damages the deceased person suffered before their death, such as pain, suffering, and medical expenses. Both claims may typically be pursued in the same lawsuit.
Is there a cap on wrongful death damages in California?
California generally does not impose a cap on damages in most wrongful death cases. However, certain types of claims, such as those involving medical malpractice, may be subject to specific damage limitations. An attorney can advise you on how the law applies to your particular situation.
Attorney Advertising. The information provided on this page is for general informational purposes only and does not constitute legal advice. Every case is unique. To understand how the law applies to your specific situation, you should consult with an experienced personal injury attorney. Past results do not guarantee future outcomes.
Free Case Evaluation
If you or a loved one has been affected by wrongful death, contact us for a free, confidential consultation.
Contact Us(888) 309-1224Our Track Record
- More Than 150 Years Of Combined Experience
- Focused Exclusively On Personal Injury
- Licensed In California, Nevada, Arizona And Washington
- More Than $1.6 billion In Verdicts & Settlements
- A Reputation The Insurance Companies Take Seriously
- You Pay Nothing Unless We Get Compensation For You
- Always Prepared To Go To Trial If Negotiations Break Down
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Personal Injury
When coping with a personal injury, the recovery process should be your primary focus. Our attorneys are dedicated to ensuring fair treatment under the law.
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Motor vehicle accidents are the second leading cause of unintentional injury and death. Our lawyers scrutinize every potential cause of collision.
Learn MoreProduct Defects
Product liability laws protect consumers and hold those responsible for causing injuries for selling dangerous or defective products accountable.
Learn MoreReady to Discuss Your Case?
If you've been seriously injured due to someone else's negligence, contact us for a free consultation. We'll evaluate your case and explain your legal options.
More Than 150 Years Of Combined Experience