The sudden death of someone you care about due to another’s negligence is a devastating event no family should have to experience. As medical bills, funeral costs, and lost income accumulate during an already devastating time, financial strain can compound your grief. A wrongful death lawsuit provides a path to holding responsible parties accountable while securing the financial support necessary to move forward.
At Callahan & Blaine, PC, we are passionate advocates for families facing the aftermath of preventable deaths. Our team of skilled Fullerton personal injury lawyers brings over 180 years of combined experience in complex litigation to each case we handle. We have a proven record of securing landmark settlements and verdicts for our clients throughout Fullerton and Orange County.
What Does California Law Consider Wrongful Death?
Wrongful death claims arise when someone passes away due to the negligent, reckless, or intentional actions of another person or entity. California law allows certain family members to seek compensation for both economic and non-economic damages resulting from their loss.
To establish a valid wrongful death claim in Fullerton, your claim must prove the following elements:
- A death occurred.
- The death resulted from another party’s negligence or intent to cause harm.
- Surviving family members are suffering financial injury from the death.
- A personal representative has been appointed for the deceased’s estate.
The legal process can seem overwhelming during your time of grief, but our trusted attorneys guide you through each step with care and attention to detail. We gather and present evidence, including expert testimony establishing the applicable standard of care, medical records and autopsy reports, accident reconstruction analyses, witness statements, and employment and financial records, to strengthen your case and maximize potential compensation.
Important California Wrongful Death Laws That May Impact Your Case
The California Code of Civil Procedure, Sections 377.60-377.62, establishes the foundation for wrongful death claims. Understanding these laws with the help of our knowledgeable attorneys is essential for effectively pursuing compensation.
Statute of Limitations
California imposes strict time limits for filing wrongful death lawsuits. Generally, surviving family members have two years from the date of death to file a claim. However, this deadline may be shorter in cases involving government entities or medical malpractice.
Failing to file within the appropriate timeframe typically results in the court dismissing your case, regardless of its merits. Our attorneys ensure all deadlines are met while building a comprehensive case on your behalf.
Distinction Between Wrongful Death and Survival Actions
California law distinguishes between wrongful death claims and survival actions, which can sometimes be pursued simultaneously. Wrongful death claims compensate surviving family members for their own losses resulting from the death, while survival actions pursue damages the deceased could have recovered had they survived, including punitive damages in cases of extreme negligence.
These complementary legal actions address different aspects of the harm caused. Our skilled attorneys evaluate your circumstances to determine the most appropriate approach for maximizing your recovery.
Who Can File a Wrongful Death Lawsuit in California?
California law restricts who may file a wrongful death lawsuit. The right to pursue such claims is limited to specific individuals who had close relationships with the deceased. The deceased person’s surviving spouse, domestic partner, and children typically have first priority to file wrongful death claims. If none exist, others who may be entitled to the deceased’s property through intestate succession can file, including parents or siblings.
California’s wrongful death statutes also permit stepchildren and anyone financially dependent on the deceased to pursue claims in certain circumstances. We carefully analyze your family situation to determine all eligible claimants in your case.
Recoverable Damages in Fullerton Wrongful Death Cases
The financial impact of losing a family member extends far beyond immediate expenses. A comprehensive wrongful death claim addresses both current and future financial needs. Depending on the unique details of your case, you and other qualifying family members may recover compensation for the following:
- Funeral and burial expenses
- Medical costs related to the fatal injury or illness
- Lost income and benefits the deceased would have earned
- Loss of household services the deceased would have provided
- Loss of love, companionship, comfort, and guidance
- Pain and suffering of surviving family members
Each case presents different circumstances affecting potential compensation. Our attorneys work with economic experts, medical professionals, and other specialists to accurately calculate and fight for the full extent of your damages.
Why Choose Callahan & Blaine for Your Wrongful Death Case
Selecting the right legal representation for your wrongful death claim significantly impacts your case outcome. The seasoned attorneys at Callahan & Blaine bring unmatched litigation experience and a record of success that sets us apart in the following ways:
Proven Results in Complex Litigation
In our 40-year legacy as a firm, we have secured numerous landmark verdicts and settlements in wrongful death and catastrophic injury cases throughout Orange County and Southern California. This includes obtaining a $50 million verdict—the highest personal injury verdict in U.S. history at the time.
Comprehensive Resources
Wrongful death cases require substantial resources to properly investigate and litigate. Our firm maintains relationships with accident reconstructionists, medical experts, economists, and other specialists who strengthen your case with authoritative testimony and evidence.
Personalized Attention
We recognize the profound personal loss you suffer when filing a wrongful death claim. Our attorneys take time to understand your family’s unique circumstances, maintaining open communication throughout the legal process while you focus on healing.
Contact Our Fullerton Wrongful Death Lawyers at Callahan & Blaine Today
The aftermath of losing someone you care about to negligence demands experienced legal advocacy. At Callahan & Blaine, our attorneys provide compassionate representation while aggressively pursuing the justice and compensation your family deserves.
With 40 years of litigation excellence and a record of securing multimillion-dollar results, we offer the legal support Fullerton families need during this challenging time. For a consultation regarding your potential wrongful death claim, call Callahan & Blaine, PC at (714) 241-4444 or complete our contact form today.
