FRESNO WRONGFUL DEATH LAWYERS

The Types Of Wrongful Death Cases in Fresno, CA

There are several different types of wrongful death cases in Fresno, including:

• Plane crashes
• Children’s deaths
• Deadly fires & explosions
• Defective automobile deaths
• Fatal auto accidents
• Fatal drunk driving accidents
• Government liability
• Infant deaths
• Machine failures
• Fatal motorcycle accidents
• Nursing home deaths
• Poisonous chemical exposure
• Police misconduct
• Scaffold falls

How Much Can Be Recovered in a Wrongful Death Claim?

Economic Damages:

• Medical costs that are incurred before death.
• Funeral and burial costs.
• Income that the deceased would have brought in.
• Loss of household assistance — child care, home maintenance, etc.

Non-Economic Damages:

• Loss of companionship, love, and emotional support
• Lack of direction for the children.
• The absence of the deceased causes emotional distress.

Punitive Damages:

• Punitive damages may be assessed to punish the offending party and to deter similar conduct in the future when the actions are particularly reprehensible.

Who Can File a Wrongful Death Claim in Fresno?

In California, the following individuals are typically eligible:

• Spouses or domestic partners.
• Children of the deceased.
• Parents, siblings, or other relatives if financially dependent on the deceased.

Fresno Wrongful Death Law Firm: Why Legal Expertise Matters

If you choose the right, wrongful death law firm, you may be able to turn this fight for justice into a rightful settlement. At The Wagner Law Group, we know that wrongful death cases are about emotional closure as much as they are about financial recovery.

How Our Law Firm Stands Out

• In-Depth Investigations: We work with accident reconstruction experts, forensic accountants, and medical professionals to construct a persuasive case.
• Negotiation Skills: Insurance companies typically minimize claims. We aggressively negotiate to secure just compensation.
• Trial-Ready Representation: Even though most cases settle, we prepare every case as if it is going to trial, giving you maximum leverage.
• Work of compassion: We know how taxing these cases can be emotionally, and we prioritize open communication and empathetic support from start to finish.

Fresno Wrongful Death Lawsuit: When a Claim Escalates to Litigation

Not all cases involving wrongful death can be settled via negotiation. When careless parties do not accept responsibility or only provide inadequate settlements, a wrongful death lawsuit must be filed.

What Happens in a Lawsuit?

• Filing the Complaint: Your attorney then formally files a lawsuit served against the defendant, detailing their negligent actions and the damages you seek.
• Discovery Process: Each side exchanges evidence, takes depositions of witnesses, and prepares their cases.
• Settlement Negotiations: Most lawsuits are settled before the parties reach trial, especially after the discovery process, which helps to establish the strength of the claim.
• Trial: If the parties cannot reach an agreement, the case is tried in court, in front of a judge or a jury, which decides if the defendant is liable (guilty) for what the plaintiff claims and how much to award the plaintiff.

Fresno Wrongful Death Lawyers: Advocates for Maximum Recovery

At The Wagner Law Group, our Fresno wrongful death attorneys are fully dedicated to getting justice for families impacted by these avoidable tragedies. We take a detailed, organized, yet personal approach to every case, ensuring that our clients receive the maximum amount for their injuries.

The Way We Handle Wrongful Death Cases

• Thorough Review of Your Case: We consider every detail of your case—from lost wages to emotional trauma—to help determine its full value.
• Identification of Negligent Parties: There are often many liable parties, including driving parties, employers, manufacturers, and property owners.
• Personalized Strategies: Every case is different. Our response is tailored to the specific situation of your loss.
• Counsel and Care: We link clients with grief counselors and support networks to ensure adequate coping is consulted during these trying times.

How California Law Protects Families

The wrongful death statutes in California are intended to create a framework of justice and financial recovery for families left behind after a preventable tragedy. These laws are designed to hold negligent parties accountable and provide survivors with the resources to rebuild their lives, even though no amount of monetary compensation can ever replace a lost loved one. Knowing the legal paths gives families insight into their rights and how to advocate for them.

Comparative Negligence: An Apportionment of Responsibility

California’s comparative negligence laws assign fault as a percentage. If the deceased had some degree of responsibility for the incident, the compensation awarded is reduced in proportion. For instance, if it is determined that the deceased was 20% responsible for the accident, the family would still receive 80% of the damages calculated. This more nuanced approach balances fairness with ensuring that the primary at-fault party is still held accountable.

• Why It’s Important: If no one has an attorney, insurance companies may inflate the deceased’s share of the blame to lower payouts. Experienced attorneys who fight to secure compensation for families can challenge these tactics.

Survival Actions: Preserving the Claims of the Deceased

Distinct from wrongful death claims, survival actions permit the estate of a deceased person to seek damages that accumulated before the person’s death. These claims include:

• Medical Expenses: Expenses for treatments administered before death.
• Lost Wages are the income the deceased would have earned during his or her remaining life expectantly if he or she had survived.
• Conscious Pain and Suffering: Pain and suffering endured by the decedent before death.

Survival actions stress that even if a decedent dies, the financial loss and suffering they incurred before passing should not go unpunished. This legal tool allows families to recoup these losses on behalf of their loved ones.

Caps on Damages: Understanding Limitations and Exceptions

California allows complete recovery of economic and non-economic damages in a wrongful death claim generally, but there are exceptions:

• Medical Malpractice Cases: The maximum amount you can recover for non-economic damages (e.g., emotional distress, loss of companionship) is $250,000 per California law. This cap can dramatically affect any case where a healthcare provider’s negligence is part of the claim.
• Government Claims: Claims against government entities frequently have stricter limits, such as lower caps on damages or shorter filing deadlines.

This makes having attorneys who understand these caps and know how to determine exceptions very important when it comes to ensuring that families receive the utmost recovery allowed by law.

Proving Damages: A Detailed and Comprehensive Process

California law requires detailed documentation and evidence to prove damages in a wrongful death claim. This includes:

• Economic Evidence: Calculate financial losses by paying stubs, tax returns, and receipts.
• Expert Testimony: Economists, medical professionals, and mental health experts can quantify losses and future needs.
• Emotional Impact Statements: Personal accounts from family members detailing how the loss has affected their lives emotionally and mentally.

An experienced legal team meticulously builds this evidence to ensure the claim’s value fully reflects the gravity of the loss.

Accountability and Justice: Why Legal Representation Matters

Finding justice and obtaining proper compensation is not automatic—you need a law firm that knows the ins and outs of California law. All of this becomes possible only when you partner with a responsible and dedicated team.

Regardless of how complex or challenging the case may be, our lawyers work tirelessly to find accountability. No two situations are alike, and we adjust our approach to the individual needs of every family we work with.

And while no amount of legal action can replace the loss of a loved one, it is our job to make sure that those responsible face the consequences of their actions. Together, we could look for justice—not just for your family, but also to spare others similar tragedies. Call us at 833.200.7111 today to start this journey that matters!

Frequently Asked Questions

1. What damages can I recover in a wrongful death claim?

In a wrongful death claim, families can recover both economic and non-economic damages, including:

• Medical Expenses: Costs related to the deceased’s treatment before their passing.
• Funeral and Burial Costs: Covering the financial burden of honoring your loved one.
• Lost Income and Financial Support: Compensation for the income the deceased would have provided to the family.
• Loss of Companionship: Non-economic damages for the emotional and psychological impact of losing a loved one.
• Punitive Damages: In cases involving gross negligence or intentional harm, punitive damages may be awarded to hold the responsible party accountable.

A wrongful death attorney ensures that all applicable damages are pursued to provide comprehensive compensation for your loss.

2. How long do I have to file a wrongful death lawsuit in California?

In California, the statute of limitations for filing a wrongful death lawsuit is typically two years from the date of the deceased’s death. However, certain situations have shorter deadlines:

• Claims Against Government Entities: If a government agency is involved, you must file a notice of claim within six months.
• Delayed Discovery: In rare cases, if the cause of death wasn’t immediately known, the timeline may begin when the negligence or fault is discovered.

Failure to file within the applicable timeframe can result in losing your right to compensation, so it’s essential to consult an attorney as soon as possible.

3. How do I prove negligence in a wrongful death case?

To establish negligence in a wrongful death case, you must prove:

• Duty of Care: The responsible party owed a legal duty to the deceased (e.g., a driver’s duty to follow traffic laws or a medical professional’s obligation to provide proper care).
• Breach of Duty: The responsible party violated this duty through reckless, negligent, or intentional actions.
• Causation: The breach of duty directly caused the death of your loved one.
• Damages: The death resulted in measurable losses, such as financial expenses and emotional suffering.

An experienced wrongful death attorney will gather evidence, consult experts, and build a strong case to prove these elements and secure justice for your family.