Bay Area Wrongful Death Lawyer

Understanding Wrongful Death in California

A wrongful death occurs when someone dies due to the negligence or wrongful actions of another party.

They can arise due to various incidents, including:

Motor Vehicle Collisions

Fatal crashes often happen because of negligent driving behaviors like speeding, distracted driving, drunk driving, or reckless maneuvers. If found liable, the responsible driver provides compensation to the bereaved family.

Bicycle and Pedestrian Accidents

Vulnerable road users, such as cyclists and pedestrians, face significant risks of fatal injuries in collisions with motor vehicles. Such incidents can often result in a fatality, leading to a wrongful death lawsuit.

Nursing Home Neglect

Elderly residents in nursing and assisted living facilities are vulnerable to neglect and mistreatment, which can lead to fatal injuries. This includes inadequate medical attention, substandard living conditions, malnutrition, or failure to prevent accidents. Families can pursue wrongful death claims against these long-term living facilities for failing to provide adequate care.

Defective Products

Fatalities can occur when products are improperly designed, manufactured, or lack sufficient warnings. This includes household appliances that malfunction, vehicles with critical defects, or pharmaceutical drugs with harmful side effects. Under California’s product liability laws, manufacturers, distributors, and retailers can be held liable if a product defect leads to death.

Workplace Accidents

Unsafe working environments (especially in industries like construction and manufacturing) can lead to fatal accidents. Common scenarios include falls from heights, machinery mishaps, and exposure to dangerous substances.

Medical Malpractice

Errors by healthcare professionals can lead to fatal consequences. This encompasses diagnostic errors, surgical mishaps, improper treatment, or failure to monitor patients adequately. Medical institutions can be held accountable if their negligence directly results in a patient’s death.

Who Can File a Wrongful Death Claim in California?

In California, those eligible to file wrongful death claims include:

• The deceased’s surviving spouse or domestic partner.
• Surviving children (including adopted children and stepchildren).
• Minors who lived in the deceased’s household and were dependent on them.
• The parents of the deceased.
• Other legal heirs according to California’s intestate succession laws.

If you do not fit into these roles, don’t worry — any court-appointed representative of the deceased’s estate can pursue a wrongful death claim in California.

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

In California, you generally have one to two years from the date of death to file a wrongful death claim depending on the type of case. However, this time period can vary, particularly in cases involving medical malpractice or claims against government entities. To ensure your claim is filed within the correct timeframe, it is crucial to consult with an attorney as soon as possible to understand and adhere to the specific legal deadlines applicable to your case.

Compensation Available in California Wrongful Death Lawsuits

Wrongful death laws enable surviving family members to seek financial relief for the economic and emotional hardships resulting from their loss. Potential compensation areas include:

• Medical Expenses: Reimbursement for medical treatment costs incurred before the deceased’s passing.
• Funeral Expenses: Coverage for the expenses related to funeral services, burial, or cremation.
• Lost Income: Compensation for the loss of financial support, including the deceased’s future earning potential.
• Emotional Distress: Damages to address the pain, suffering, and trauma experienced by the bereaved family.
• Loss of Companionship: Compensation for the emotional impact of losing the companionship, guidance, and support provided by the deceased.

The compensation awarded in a wrongful death case can vary significantly based on unique factors. For an accurate assessment of your specific wrongful death claim, consult with our legal team today.

How to File a Wrongful Death Claim

Seeking justice for a deceased loved one via a wrongful death claim involves several crucial steps:

Consult with a Wrongful Death Attorney

Entrust your case to an attorney who regularly works with wrongful death claims. They will be able to best handle your case.

Collect Evidence

Gather essential evidence — including medical records, witness statements, and documentation — that supports your claim. This evidence is critical for substantiating your case and proving negligence.

File the Claim

Your attorney will initiate the wrongful death claim in the appropriate court, handling all legal proceedings on your behalf with skill and care.

Negotiate a Settlement or Go to Trial

While many cases are resolved through negotiations outside of court, your attorney will first diligently pursue a fair settlement. If necessary, they will advocate for your rights in court and seek rightful compensation before a judge.

Why Trust Susan Kang Gordon for Your San Francisco Wrongful Death Case

Susan Kang Gordon stands out as an esteemed wrongful death lawyer, having been honored as Trial Lawyer of the Year by prominent legal organizations. Her dedication to justice and extensive background in personal injury law make her an exceptional advocate for your family during this difficult period.

With a proven track record of achieving substantial verdicts and settlements, Susan Kang Gordon offers compassionate and personalized legal support. She ensures that your loved one’s memory is respected and that justice is pursued diligently and empathetically.