Visalia Wrongful Death Lawyer

Wrongful death happens when a person’s life is tragically cut short as a result of someone else’s negligence. The surviving family members may be given the right to file a wrongful death claim to secure compensation for losses incurred. These cases can involve a wide range of scenarios, from car accidents to unsafe property conditions and defective products.

If you lost a loved one and are seeking legal assistance, West Coast Trial Lawyers is here to help. Our Visalia wrongful death lawyers understand the challenges that may arise in such cases and are committed to help you pursue justice. We will take on the legal burdens and fight on your behalf to get you the compensation you deserve.

To book a FREE consultation, you can get in touch with us by calling (213) 927-3700 or completing our easy online contact form.

Common Causes of Wrongful Death

While each wrongful death case is unique, certain factors are more commonly known to contribute to such a devastating outcome. Below are some known causes.

Motor Vehicle Accidents

Motor vehicle accidents that result in wrongful deaths are frequently contributed by human error. This includes the following:

• Distracted driving: According to the National Highway Traffic Safety Administration (NHTSA), 3,275 people were killed due to distracted drivers
• Driving while under the influence: In a separate report released by the NHTSA, 12,429 people died as a result of drunk driving
• Speeding: Data from the NHTSA shows one-third of traffic-related deaths caused by speeding
• Fatigue driving: The organization further reports a total of 633 deaths that were triggered by drowsy driving-related accidents

Typically, the at-fault driver may be held responsible. But, in some cases, other parties can share liability if they contributed to the incident.

Defective Products

Defective products can cause wrongful death if either of the following occur:

• Design defects: The product is unsafe due to flaws in its original design regardless of whether it was made or used correctly
• Manufacturing defects: This happens when a product does not match the intended design during the production process
• Failure to warn: This occurs when a manufacturer does not have enough instructions or warnings listed about potential dangers

If a defective product caused a fatal injury, a wrongful death claim may be filed against the product manufacturer, designer, or distributor.

Premises Liability Incidents

A property owner is required to maintain safe conditions prior to allowing visitors onto the premises. Failing to do this will breach their duty of care, which can ultimately lead to fatal injuries. For instance, if a person is exposed to a hazardous environment, like slippery floors or damaged staircases, it can cause slip and falls or other deadly accidents.

If the property owner knew or should have known about such conditions and did not address the problem in a timely manner, they may be held accountable.

In wrongful death cases, it will need to be proven that the property owner’s negligence was the direct cause of the victim’s passing. There must be a clear link established between the dangerous site and the death.

Who Can File a Wrongful Death Claim?

Under California law (CCP 377.60), other than the personal representative, the following individuals may be entitled to file a wrongful death claim:

• Surviving spouse or domestic partner
• Children
• Issue of deceased children
• Anyone who would be entitled to the property of the decedent by intestate succession

The claim must be submitted within two years from the date of the victim’s passing. But, if the courts recognize that the cause of death is not immediately known, the discovery rule may extend the start of the statute of limitations period until the plaintiff knew or should have known about it.

Recoverable Damages in a Wrongful Death Case

The damages available in a wrongful death case will vary based on what particular circumstances were involved. Typically, economic damages and non-economic damages are awarded.

Economic damages refer to financial losses you sustained as a result of your loved one’s passing, including:

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

Non-economic damages cover intangible losses, like:

• Emotional distress
• Loss of companionship
• Pain and suffering

To learn what you could be entitled to, you can use our personal injury settlement calculator by inputting the expenses you endured as a result of the wrongful death.

Our Visalia Wrongful Death Attorneys Are Here to Guide You Every Step of the Way

If your loved one’s death was caused by someone else’s negligence, it is crucial to seek legal representation to protect your rights. At West Coast Trial Lawyers, we understand the complications of wrongful death claims and will work diligently to secure fair compensation on your behalf. Our Visalia wrongful death attorneys will support you every step of the way, providing support and advocacy to ensure justice is served.

To schedule a FREE consultation, you can contact our law office today by calling (213) 927-3700 or filling out our quick online form.

Visalia Wrongful Death FAQs

What Is the Average Settlement For Wrongful Death in California?

The average settlement for wrongful death lawsuits in California will differ based on several factors, such as:

• The deceased person’s age, income, and potential future earnings
• The financial strain and emotional distress endured by the surviving family members
• The cost of medical bills and funeral expenses

Since each case is unique, it is difficult to give an exact average settlement amount. It would be best to speak to a Visalia wrongful death lawyer to help you understand what full financial recovery may look like given your situation.

What Are the Odds of Winning a Wrongful Death Lawsuit?

The odds of winning a wrongful death lawsuit will depend on the facts presented in the case, along with the type of evidence provided and the strength of legal representation. Typically, wrongful death claims require the plaintiff to prove negligence and how it directly caused the victim’s passing. Cases that have clear evidence will have a higher chance of a fair settlement.

But, wrongful death lawsuits can be difficult. Working with an experienced attorney can help you undergo this process with a better likelihood of a successful outcome. They will know how to develop a well-constructed claim and negotiate with the opposing side to ensure you are given the compensation you are entitled to.

What Is the Most You Can Sue for Wrongful Death?

There is no specific statutory cap on how much you can sue in a wrongful death claim. Total damages will reflect the actual losses you sustained as a result of the victim’s death. A qualified attorney can evaluate your case, explain your rights and options, and develop a personalized approach tailored to your unique situation. From there, they will advocate on your behalf to ensure you are awarded the damages you deserve.