Serious Injuries and Wrongful Death
San Francisco Wrongful Death Attorneys
Serious Injuries Lawyers
Negligent or wrongful conduct that leads to another person's death can be an extremely difficult situation to deal with, emotionally and legally. At Choulos, Choulos, & Wyle, our California wrongful death attorneys and serious injuries lawyers have successfully pursued many claims involving wrongful death, including loss of a child, loss of a parent or loss of a spouse. You need to contact an attorney immediately.
Successful Representation for a Secure Future
Choulos, Choulos, & Wyle have represented many individuals and families suffering from the effects of catastrophic injuries such as brain injuries, spinal cord injuries or injuries to children and from the wrongful death of a loved one due to a variety of incidents, including fatal workplace accidents, auto accidents, defective products, unsafe premises , and private aviation crashes and other disasters. Our Bay Area wrongful death attorneys help our clients recover damages including compensation for medical expenses, pain and suffering, permanent injury, funeral expenses, loss of future earnings and financial support, loss of love, support and guidance and punitive damages when possible.
While our San Francisco serious injury lawyers have obtained numerous multi-million dollar verdicts and settlements on behalf of our clients, we have never lost sight of the fact that each one of our clients is dealing with a unique situation that we need to fully understand before we can resolve his or her claim.
We Can Help You Decide What to Do
If you have lost a loved one in an accident or as the result of a fatal motorcycle accident, a deadly car accident or any other accidental circumstances please call our California serious injuries lawyers and wrongful death attorneys right away at 1-415-474-7800 to discuss how we can help you. We have helped families in the San Francisco, Oakland, Sacramento, San Jose, Marin County communities and throughout the state of California.
About California Wrongful Death Claims
A potential wrongful death claimant should make sure to find a San Francisco wrongful death lawyer who is knowledgeable and experienced in the special rules regarding the procedures involved in making the claim and the nature and extent of the damages which can be recovered in a claim.
There is a common misperception about the nature of a "wrongful death" claim. It is important to understand that, contrary to that misperception, there is no independent liability or "super-strong" liability against someone whose action or inaction may have contributed to the death of a human being. Wrongful death is a type of damage that accrues to particular people because of the death of another. In order to recover this type of damage, a claimant must still establish a defendant's actionable tort liability for the events that resulted in the person's death.
Usually under the law, a person can recover only those damages he suffers because of injury or damage to his own body or his property interests. The ability to sue for damages because of the death of another is a relatively new theory in common law. Because it is a "new" theory, the law regarding wrongful death has been created by state legislatures or courts, and not inherited from the legal tradition begun over 1000 years ago in England. Each state, therefore, has its own "wrongful death statutes" or other law under which a person may claim damage because of someone else's death. The provisions of these statutes are closely aligned: therefore, the discussion that follows may be similar to the law in states other than California. However, you need to consult with an experienced wrongful death attorney licensed to practice law in the state in which the claim will be litigated before you can make an educated decision about proceeding with a wrongful death action.
The wrongful death statutes in California, as in most states, have both procedural and substantive provisions. They establish WHO has a cause of action, and WHAT damages the appropriate claimants may be able to recover.
Who may have a cause of action for Wrongful Death?
In California, the only claimants who are authorized to seek wrongful death damages are the people who would be the dead person's heirs at law under the laws of the state. First in line are the surviving spouse, children, and surviving issue of deceased children of the decedent: these people have the right to claim damages "jointly and severally" --- that is, they share a single claim for damages. If there are no such claimants, next in line are the person's parents; then brothers and sisters; then the children of deceased brothers and sisters; then grandparents; and then their lineal descendants. As soon as someone has a place in line under this scheme, that person cuts off those people whose wrongful death claim is less strong that theirs.
Another class of claimants, if not qualified under the first group, is the putative spouse, children of the putative spouse, stepchildren, and parents of the decedent IF these claimants can prove that they were dependent on the decedent at the time of the decedent's death. A "putative" spouse is a person who can prove that he or she had a good faith belief that he or she was married to the decedent but was, in fact, not married to the decedent.
Yet another class of claimants exists under California law. A minor who can prove that he was a resident of the decedent's household for at least the 180 days before the death AND that he was dependent upon the decedent for at least 50% of his support at the time of the death can be a wrongful death claimant.
What damages might claimants recover for Wrongful Death?
Where there is a claim for wrongful death, the claimant has not suffered personal injury. Therefore, a claimant cannot successfully seek pain and suffering, medical expenses, lost wages, or the other kinds of damages which can be sought in a personal injury case. A claimant cannot recover damages for grief or sorrow, no matter how destructive that suffering may have been. However, the law holds that certain future emotional and economic interests have been destroyed by the death, and permits a wrongful death claimant to recover damages for those losses.
In California, juries are instructed that they can award a successful claimant three kinds of damages:
- The loss of the love, companionship, comfort, affection, society, solace, moral support, and (if a spouse is a claimant) consortium of the decedent;
- The value of the household services the decedent would have provided in the future, if any, and
- The value of the financial support which the claimant would have received from the decedent but for the death.
What is a survival action?
Sometimes, the wrongful death claim can be joined with the claim that the decedent had against the person or entity whose negligence caused the death. A limited portion of the decedent's claim survives his death: the action to recover those limited damages is often referred to as a "survival action". In most states, the estate of the decedent has the right to pursue a "survival action". In California, the decedent's claim for pain and suffering, disfigurement, and any future damages dies when the decedent dies. In most cases, that leaves only the "economic damages" --- medical bills, lost income, etc. --- which existed before the death. However, a claim for punitive damages survives the wrongful death, and can make a large contribution to the recovery that might be available to the decedent's estate --- in the appropriate case.
The unique challenges presented by a Wrongful Death claim
A wrongful death claimant will need to find an attorney who is experienced in establishing and proving wrongful death damages. The attorney should have the empathy, insight, and skill to determine the damages recoverable in the action. The attorney needs to be familiar with the right experts who can evaluate the claimant's losses, and know how to document and evidence those losses for a judge, jury, and/or claims adjuster. The attorney needs to be able to command the capital needed to underwrite the cost of this sometimes very expensive litigation, and the guts to commit his resources toward the goal of obtaining a fair recovery for the claimant.
For more information on how our San Francisco wrongful death claims attorneys can help you get the compensation that you deserve, contact Choulos, Choulos, & Wyle today to schedule an appointment with an experienced lawyer.
Also visit www.californialawyers.com.
