Fresno Wrongful Death Lawyer

Losing a loved one is an unfathomable tragedy that is difficult to cope with knowing that their death was preventable. If someone else’s reckless or negligent conduct caused such a devastating loss, you may have the right to pursue legal action.

At West Coast Trial Lawyers, our Fresno wrongful death attorneys are committed to provide the guidance and support needed to hold the responsible parties accountable. Our team has over 20 years of experience handling wrongful death and personal injury lawsuits, and have recovered more than $1.7 billion in settlements. We possess legal knowledge and expertise in such cases, and are committed to serve justice on behalf of families who have suffered from wrongful death.

We run under a contingency-fee basis, meaning you do not owe us anything unless we successfully settle your case. For legal assistance with a California wrongful death claim, you can schedule a FREE consultation at our Fresno law office by calling (213) 927-3700 or filling out our quick online contact form.

What Is a Wrongful Death Claim?

A wrongful death claim is an action brought when someone’s loved one passes away as a result of another party’s negligence. The purpose is to secure compensation for losses sustained by the surviving family members or the deceased person’s estate.

Examples of Wrongful Death Cases

Wrongful death cases usually involve circumstances in which a person dies due to another person’s negligence, recklessness, or intentional actions. Let’s go over some common examples below.

Car Accident

A driver who violates traffic laws can increase the risk of a car accident, which can ultimately lead to a wrongful death. For instance, a vehicle operator runs a red light and crashes into another car, killing the occupant. Given the circumstances, the surviving family members may bring a wrongful death claim against the at fault individual to seek compensation. 

Defective Product

If a consumer passes away after using a product with a dangerous defect, the manufacturer, distributor, or retailer could be held accountable for wrongful death.

Slip and Fall Accident

If a fatal slip and fall accident occurs and the property owner knew or should have known about unsafe conditions within the premises, the surviving family members can file a wrongful death lawsuit. To have a valid claim, they will need to prove that the property owner failed to take reasonable measures to remove the hazard or warn visitors about it, and that this directly led to the victim’s death.

Pedestrian or Bicycle Accident

If a pedestrian or cyclist is struck and killed by a negligent driver, the victim’s family may have grounds to file a claim.

What Is the Difference Between Wrongful Death and Survival Action?

A wrongful death claim and survival action arise after a person dies as a result of another party’s negligence or misconduct. But, they both serve different legal purposes and cover various types of losses.

Wrongful death cases are filed by the surviving family members for personal damages they suffered due to their loved one’s death. This can include the following:

• Medical bills
• Funeral expenses
• Burial costs
• Loss of financial support
• Loss of companionship

A survival action, on the other hand, is brought on behalf of the deceased person’s estate. Compensation will be sought for the losses the victim could have recovered had they survived after the accident. This may include:

• Hospital fees
• Lost wages
• Pain and suffering

A survival action does not compensate for a family’s grief or financial losses. It only applies to damages the deceased person endured while they were still alive.

Who Can File a Wrongful Death Claim in Fresno?

Under California Code of Civil Procedure § 377.60, the following parties are eligible to file a wrongful death claim:

• Surviving spouse or domestic partner
• Children
• Anyone entitled to the deceased person’s property under the state’s intestate succession laws 

If you are planning on pursuing legal action against the responsible party, it is advisable to speak with a knowledgeable wrongful death attorney. They will evaluate your situation and determine what necessary steps should be taken to ensure you acquire favorable results.

What Is the Legal Process for a Wrongful Death Lawsuit?

To start the legal process for a wrongful death lawsuit, eligibility will need to be determined. Once it has been established, the next step would be to hire an experienced wrongful death attorney. They will support you every step of the way, investigate the circumstances surrounding the event, and gather important evidence. This involves medical records, witness information, and accident reports.

After the investigation, the attorney will then file a formal complaint in civil court, identifying the at fault parties, legal basis for the case, and the damages being sought. When that is filed, both sides will undergo the discovery phase, meaning you and the defendant will need to exchange information and evidence, such as documents and depositions. During this process, all parties may participate in settlement negotiations.

Most wrongful death cases are resolved at this stage. But, if no agreement is made, the case may proceed to trial, where a judge or jury will decide legal responsibility and how much compensation should be distributed. If the court issues a verdict, either side is given the right to appeal, which can extend the duration of the case.

How Do You Prove Negligence?

Proving negligence in a wrongful death case will require you to demonstrate the following elements:

• The defendant owed the victim a duty of care
• The defendant breached their duty of care
• The defendant’s reckless behavior caused the victim’s death
• The surviving family members suffered losses as a result 

Given the circumstances, the affected party will need to provide evidence to support their claim. This includes:

• Witness testimonies
• Medical records
• Autopsy results
• Police reports or surveillance footage

Available Wrongful Death Damages

Available damages in a Fresno wrongful death lawsuit will vary depending on the factors involved. Each individual undergoes different experiences that will have an effect on settlement value. 

Some elements that are typically considered when calculating compensation include the extent of bodily harm you incurred and the level of negligence contributed by both parties. Current and future medical bills along with lost wages and earning capacity may also be included when determining what you are owed.

To learn what you could be entitled to, you can use our personal injury settlement calculator and input the losses you sustained as a result of the person’s death. In Fresno wrongful death claims, economic damages and non-economic damages are typically provided.

Economic Damages

Economic damages are measurable financial expenses you suffered due to your loved one’s passing, such as:

• Medical expenses
• Loss of financial support
• Funeral and burial costs

Non-Economic Damages

Non-economic damages are losses that do not have a direct monetary value, like:

• Loss of companionship
• Loss of enjoyment of life
• Loss of consortium

How to Choose the Right Fresno Wrongful Death Lawyer

Choosing the right Fresno wrongful death lawyer is important to ensure you have a high likelihood of acquiring a fair settlement. Below are some suggestions you should consider when hiring a qualified legal representative:

• Experienced attorney who is familiar with local laws
• Impressive track record of success
• Good reputation based on client reviews 
• Significant trial experience 
• Exceptional communication and negotiation skills 
• Reasonable fee structure

West Coast Trial Lawyers Is Here to Help

If you lost a loved one in a fatal accident due to someone else’s negligence, West Coast Trial Lawyers are here to help you during such a difficult time. We specialize in both wrongful death and personal injury claims, ensuring that we seek justice on your behalf and get you full and fair compensation for the losses you suffered.

Reach out to our law firm today to schedule a FREE consultation by calling (213) 927-3700 or completing our quick online contact form. Our legal team is available 24/7 to answer phone calls and form submissions.

Fresno Wrongful Death Claim FAQ

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

In Fresno, you will be given two years to file a wrongful death claim. The discovery rule may apply if the victim’s passing was not immediately apparent. This will delay the statute of limitations until the surviving family members or the personal representative of the deceased discover the cause of death.

Be sure to act promptly to ensure you gather substantial evidence and hire a qualified attorney to represent you. Delaying these tasks can put you at risk of exceeding the time limit, and if that does occur, you will no longer be entitled to recover compensation.

Is it Worth it to Hire a Fresno Wrongful Death Attorney?

Hiring a Fresno wrongful death attorney can be worth it, especially if you are dealing with complicated issues arising from legal, emotional, and financial hardships. They understand California law, involving statutes of limitations and nuances pertaining to wrongful death claims. Other benefits include the following:

• Deal with the insurance company
• Maximize compensation
• Navigate your wrongful death case with confidence
• Allow you to heal without added stress
• Investigate and build a well-constructed claim

What Do Attorneys Charge in a Wrongful Death Lawsuit?

Each attorney will follow a unique fee structure. Some may require you to compensate them based on the number of hours they have worked on your case whereas others, like West Coast Trial Lawyers, work under a contingency-fee basis. This means that you do not compensate for legal services unless you win. Instead of paying upfront, they will take a percentage of the settlement (ranging between 33 percent to 40 percent) as their fee.