California Wrongful Death Attorneys
If you have lost a loved one through an accident that was caused by someone else's negligence or intentional act, you have the right to hold that person responsible for their actions by filing a wrongful death claim. Wrongful death actions can arise under many different circumstances and the complexities of these types of suits requires an experienced California wrongful death lawyer. At Bailey & Partners, we understand the pain and loss that accompanies the wrongful death of a loved one. Our objective is to hold the responsible party or parties accountable, and to pursue full compensation for your loss. Contact our office today for a free initial consultation.
Free Consultations in Wrongful Death Cases
For more information about what our experienced California wrongful death attorneys can do to help you, call us toll free at 1.800.973.2263 or send us an e-mail.
What is a California Wrongful Death Claim?
A wrongful death occurs when someone is killed due to the negligent, reckless, or intentional act of another person or entity. The other person's act must be a cause of the victim's death. California law allows the family or a representative of the victim to file a wrongful death lawsuit. The intent of a wrongful death claim is to compensate family members who have suffered emotionally and economically from the loss of a loved one. An individual may be liable, as well as a corporation or other entity (such as a manufacturer or retailer of a defective product). Many different circumstances may lead to a wrongful death, some of which might include the following:
- motor vehicle and car accidents
- boating accidents
- airplane accidents
- defective products
- medical malpractice
- food poisoning
- criminal attacks
- death during a supervised activity
- failure to keep property safe (dangerous conditions on someone's property)
- work related accidents
What Must be Proven in a Wrongful Death Action?
Under California law, the following elements must be proven in a wrongful death claim:
- The victim's death was caused, in whole or in part, by the negligent or intentional conduct of the defendant. This is usually shown by establishing that there was a breach of duty on the defendant's part (for example a manufacturer has a duty to provide safe products and a motor vehicle driver has a duty to obey traffic laws).
- The victim has a surviving spouse, children, other legal dependents, or affected heirs.
- The victim's family must have suffered harm (for example the loss of income or loss of companionship).
What Damages are Recoverable in a Wrongful Death Claim?
Under California law, the family of a wrongful death victim can recover appropriate compensation for their losses. This includes the present value of lost future financial contributions from the victim to his or her family, the value of personal services, and the value of the victim's companionship. A judge or jury can award damages in the following areas:
- loss of future financial support
- loss of companionship, comfort, affection, protection and moral support
- loss of consortium (a spouse may sue for loss of the romantic/sexual relationship)
- loss of the victim's care and guidance as a parent
- the victim's final related medical expenses
- costs of funeral and burial
California Wrongful Death Attorney
When a loved one is killed by the negligent or intentional acts of another person or entity, the surviving family members are devastated by feelings of grief, loss, anger, confusion, and uncertainty about the future. While coping with such tragedy, it is essential to have a skilled and experienced attorney protecting your legal rights. At Bailey & Partners, our California wrongful death lawyers will aggressively fight to hold the responsible parties accountable and recover the compensation that you deserve.