When you have lost a loved one in a serious accident, a legal action against those responsible is probably not your first thought. However, as you start to face the economic consequences of your loved one’s death, you might realize that these are costs you shouldn’t have to pay when someone else is responsible. 

Figuring out whether you can file a wrongful death claim can be complicated. At Fisher & Talwar, we have helped many people evaluate their options, and we can help you with a free initial consultation. Talk to us, ask all your questions, and then decide if you want to go forward with a lawsuit. There’s no obligation and no cost, and the consultation is completely confidential, so no one needs to know that you were considering a lawsuit. Please call us today for your free consultation. 

What Is a Wrongful Death Claim?

A wrongful death claim is when the family of a deceased person makes a claim against the person or persons who caused or contributed to an individual’s death. They are seeking compensation for all the losses that the person’s death has caused them. This can include both actual dollars and cents costs (economic damages) and emotional, spiritual, and psychological losses (noneconomic damages) related to the person’s death. 

Wrongful death claims can be related to any type of deliberate act (such as an act of violence) or accidental deaths, such as those related to:

In truth, any type of accident that might have been grounds for a personal injury lawsuit if a person had survived can serve as the basis for a wrongful death claim. 

What Is a Survival Action?

A survival action is similar to a personal injury lawsuit. However, since the injured person is dead, the lawsuit is taken by the personal representative of the estate. This type of lawsuit recovers costs incurred by the injured person between the time of their injury and their death, such as medical bills and lost wages. With recent law changes, survival actions can even include noneconomic damages, such as pain and suffering experienced by the injured individual between the time of their injury and their death. 

Who Can File Wrongful Death and Survival Action Claims?

Although wrongful death and survival actions are closely related, the persons who can file these lawsuits are different, though they might be overlapping. 

Wrongful death claims can be taken by surviving family members related to the deceased. What “related” means can vary significantly depending on the situation. However, some people who might be able to take action include:

  • Spouse (including “putative spouses”)
  • Children
  • Siblings
  • Stepchildren
  • Parents

In addition, other people who can prove that they were financially dependent upon the deceased can be parties to a wrongful death lawsuit. 

However, survival actions can only be brought by the personal representative of the deceased’s estate, since they are brought not on behalf of the survivors, but on behalf of the deceased. 

Statute of Limitations for Wrongful Death Claims

Since wrongful death claims stem from the death, the statute of limitations begins to toll on the date of death. In most cases, a wrongful death claim can be filed up to two years after a person’s death. However, if you are filing a lawsuit against a government entity, you might have as little as six months after the death to file your claim. 

Statute of Limitations for Survival Actions

Since survival actions relate to the accident that caused a person’s death, their statute of limitations generally starts tolling at the date of the accident. They can be filed as much as two years after the accident or six months after the date of death, whichever is later.

How Much Is Your Claim Worth?

We can’t say what your individual claim would actually be worth until we look at the details of your case. However, we can talk about the types of damages you can pursue in each type of claim. 

How Much Is a Wrongful Death Claim Worth?

A wrongful death claim can seek damages on behalf of the family members of the deceased in order to recover the damages they suffered as a result of the person’s death. These damages can include economic damages like:

  • Lost wages
  • Value of services provided by the deceased, represented by:
    • Hiring help
    • Paying for childcare
    • Buying meals
  • Expenses paid or incurred on behalf of the deceased, including:
    • Medical bills
    • Funeral expenses

In addition, a wrongful death action can seek compensation for non-economic losses such as:

  • Love, companionship, care, affection, and more
  • Moral support and guidance

A wrongful death claim is typically paid to the claimants as a whole, and the claimants can decide how to distribute the proceeds. However, claimants can also ask the court to distribute the damages if they don’t feel they can divide them fairly. 

How Much Is a Survival Action Claim Worth?

A survival action can seek compensation for expenses incurred by the deceased individual or their estate. This can include:

  • Medical expenses
  • Lost wages
  • Burial and funeral expenses

In addition, it can include noneconomic damages on behalf of the deceased, including their pain and suffering related to the accident that they experienced before death. 

The payment in a survival action claim goes to the estate and will be distributed according to any existing will or via standard probate procedures. 

Proving a Wrongful Death Claim

Most of the time, wrongful death claims and survival actions are proven according to the negligence standard. This means that you must prove four specific elements in order to get compensation:

  • Duty of care: First, you must establish that the person or entity from whom you are seeking compensation had a duty to consider the safety of the deceased in their actions. How this is proven depends on the source of injury. For example, drivers have a legal duty to other drivers on the road, and product manufacturers have a legal duty to make sure their products are safe for their intended use.
  • Breach of duty: You have to prove that the person breached their duty, either by not taking adequate care or through deliberate action that caused harm. 
  • Causation: Next, you have to show that the breach of duty caused the injuries you’re seeking compensation for. This means showing that the injuries led to a person’s death, and that they didn’t die because of some other cause. 
  • Damages: Finally, you must prove that the damages you are claiming are legitimately related to the injuries. Medical expenses unrelated to the injury, for example, won’t be covered, nor will expenses be covered if they can’t be linked to the death. For example, if you paid for childcare before the person’s death, you might be limited in the amount of childcare expenses you can claim as part of a wrongful death lawsuit.

At Fisher & Talwar, we have experience handling many types of wrongful death lawsuits – we know how to prove these claims on your behalf so you can get the compensation you deserve. 

California’s Comparative Negligence Law

Accidents are not always just one person’s fault. In fact, it’s rare for something to be 100% the fault of a single person or organization. California law recognizes this reality through its comparative negligence law. This law states that each person is responsible for paying damages from an accident according to the percent that they are responsible for the accident.

The advantage of this for you is that you can bring a lawsuit even if the deceased individual was partly responsible for the accident that caused their death. It also means that you can pursue compensation from everyone who contributed to the accident, including product manufacturers and retailers of a product with a deadly defect. The disadvantage is that if the deceased was partly responsible for their death, you won’t be able to recover 100% of the damages – your compensation will be reduced according to the deceased’s contribution to the accident. 

Technically, comparative negligence only comes into play if your lawsuit goes to trial, but when defendants make and negotiate settlement offers, they are factoring this in, and it can explain why you might initially get very small settlement offers – defendants are saying they don’t have much culpability in a person’s death. A good wrongful death lawyer can do some investigation and establish that the defendants are more responsible than they want to admit. 

How a Wrongful Death Lawyer Can Help

You may be experiencing significant difficulties related to grief after the loss of a loved one. A wrongful death lawyer can be very helpful, as they can focus on the legal aspects of any claims you want to make related to your loss, giving you time and space to focus on the personal aspects of your loss and how this will impact you and other surviving family and friends. 

As part of their assistance, wrongful death lawyers can:

  • Help you understand your legal options and whether you can file one or more claims
  • Explain to you all the types of compensation available in your case
  • Negotiate higher settlements
  • Gather evidence to prove a case in court if necessary
  • Help you deal with expenses while you are waiting for the resolution of your lawsuit

All these can make it much easier for you to deal with the challenges you are facing in the aftermath of your loss. 

Why Choose Fisher & Talwar for Your Wrongful Death Lawsuit

There are many law firms that could potentially help you pursue compensation with a wrongful death lawsuit. However, at Fisher & Talwar, we offer many benefits that can help your family during this difficult time. 

A Record of Success

At Fisher & Talwar, we have successfully helped many people get compensation with many types of lawsuits, including wrongful death claims. We know how to handle these cases, and you can put your mind at ease knowing that it will be handled according to successful strategies for winning compensation. 

Personal Attention

At Fisher & Talwar, your case will always be handled personally by one of our partners. This means that it will get the expertise it deserves to improve the odds of a successful resolution. Many firms will appeal to you on the basis of their firm’s record, but they won’t guarantee that their expert attorneys will actually be handling your case. At Fisher & Talwar, we never take more cases than we can personally handle, so you can trust that when we take your case, it will get the attention and expertise it deserves. 

No Win, No Fee

At Fisher & Talwar, we handle wrongful death and survival actions on a contingency basis. This means that you don’t owe us any fees unless we win compensation in your case. Your family has suffered enough as a result of this tragic accident – you don’t need any additional stress or worry at this point. We want to reduce your worries. That means no additional bills unless we get money for you to pay the expenses you already have. 

No Expenses, Ever

Many lawyers will promise no fees, but don’t tell you about how their expenses will be handled. The truth is that these lawyers often pass their expenses on to you. This means that you might pay more for their services than you think, and you will get less compensation even in the event of a successful lawsuit. Sometimes, lawyers might expect you to pay expenses even if they don’t win compensation for you. This means that you might have to pay for a lawyer’s services even if they don’t get additional money for you. 

At Fisher & Talwar, our expenses are always included in our fees. You will never owe more than you initially agreed to, and there won’t be any fees or expenses if we don’t win compensation for you. 

Contact Us Today for a Free Consultation

We know that you’re probably struggling after the loss of your loved one. In addition to the personal loss, you are likely dealing with additional bills, expenses, and complications. Fisher & Talwar can’t handle everything you are facing right now, but we can take some of the burden from your shoulders and get you the compensation you deserve. Please contact us today for a free initial consultation. There’s no obligation, and the consultation is completely confidential.

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