Wrongful Death Attorneys in California
It is comforting to be surrounded by people who care about you and want to help when you’ve lost a loved one. At Berg Injury Lawyers, we have a legal staff who will be there to help you move forward in these trying times.
We’re Here for You
The loss of someone you care about is never easy, but when your loved one’s death was the result of another person’s negligence or misconduct, the situation becomes even more complex. At Berg Injury Lawyers, we understand what you’re going through—the funeral planning, the mix of emotions you are dealing with, and the questions you want answered—and we have the experience to guide you through it. Our California wrongful death lawyers will be more than your legal system of support—we’re here for you.
Our Wrongful Death Lawyers Get Results
Since 1981, Berg Injury Lawyers has been helping injured victims in the San Francisco Bay Area of California get the help they deserve. We’ve built a reputation for being tough negotiators with insurance companies, and that reputation benefits our clients. Insurers know that we are willing to take our clients’ cases all the way to court, if necessary.
If your loved one was killed in an accident caused by someone else’s negligence, get the help our wrongful death attorneys. Get Berg and get results.
Common Causes of Wrongful Death
A wrongful death can happen almost anywhere, from public roads to private workplaces. A few of the most common causes of wrongful death in California include:
Negligence takes many forms, from an intoxicated driver to a product manufacturer who sells a deadly item to a consumer. If your loved one died because of the negligence of another person or party, you have every right to consider your legal options for filing a wrongful death claim.
Types of Compensation Available in a California Wrongful Death Claim
When a loved one’s life is tragically cut short due to someone else’s negligence, surviving family members may seek compensation through a wrongful death claim. This compensation can help alleviate some of the financial and emotional burdens families face after a loss. In California, wrongful death claims can include several types of damages:
Economic Damages
Economic damages are intended to cover the tangible financial losses associated with a loved one’s passing. These may include:
- Funeral and Burial Expenses: The costs of funeral arrangements and burial can be significant, and compensation can help ease this financial burden for the family.
- Loss of Financial Support: If the deceased contributed income to the household, the family may be entitled to compensation for the loss of that financial support.
- Loss of Household Services: Many family members provide valuable household services, such as childcare, maintenance, and other tasks. Compensation can help cover the cost of replacing these essential services.
Non-Economic Damages
Non-economic damages address the more intangible aspects of loss that family members endure. These may include:
- Loss of Companionship: Surviving family members may be compensated for the loss of their loved one’s companionship, comfort, and guidance.
- Emotional Distress: The sudden loss of a loved one brings profound emotional suffering, and additional compensation may be awarded to recognize this impact.
- Pain and Suffering: Though pain and suffering are not always awarded in wrongful death claims, surviving family members may be compensated for the psychological trauma and grief they experience.
At Berg Injury Lawyers, we understand that no amount of compensation can replace your loved one, but we are committed to helping families seek justice and secure the financial resources they need to heal and rebuild. Our California wrongful death attorneys are here to provide the support and guidance your family deserves.
Proving Negligence in a Wrongful Death Case
To succeed in a wrongful death claim, it’s essential to prove that the responsible party’s negligence led to the tragic loss of your loved one. This requires establishing several key elements, each supported by strong evidence. Here are the main components of proving negligence in a wrongful death case:
Key Elements to Prove in a Wrongful Death Case
- Duty of Care: The first step in proving negligence is demonstrating that the defendant owed a duty of care to the deceased. This means that, under the circumstances, the defendant had a legal responsibility to act with reasonable care to avoid causing harm. For example, drivers have a duty of care to operate their vehicles safely, and property owners have a duty to keep their premises free from dangerous conditions.
- Breach of Duty: After establishing the duty of care, it’s necessary to show that the defendant breached this duty by acting carelessly or failing to act responsibly. A breach of duty could include actions like reckless driving, failing to fix known hazards, or producing a defective product. This breach demonstrates that the defendant did not fulfill their legal responsibility, putting others at risk.
- Causation: Causation connects the breach of duty to the resulting harm. In a wrongful death case, it must be shown that the defendant’s actions (or inactions) directly caused or contributed to the death of your loved one. Establishing causation may involve proving that, without the defendant’s negligence, the death would not have occurred.
- Damages: Finally, it must be demonstrated that the death caused measurable damages for the surviving family members, such as emotional suffering, loss of companionship, and financial hardship. This element confirms that the family has suffered real, significant losses that warrant compensation.
The Role of Evidence in Establishing Negligence
Successfully proving negligence in a wrongful death case relies heavily on compelling evidence. The stronger the evidence, the more likely it is that the family will receive a favorable outcome. Common types of evidence in these cases include:
- Medical Records: Documentation of the deceased’s injuries, treatments, and cause of death can establish the link between the negligent act and the fatal outcome.
- Accident Reports: Police and accident reports often provide objective details about the incident, including witness statements and observations from law enforcement.
- Witness Testimony: Statements from those who witnessed the incident can offer critical insights into what happened and support claims of negligence.
- Expert Testimony: In complex cases, experts may be called upon to explain aspects of the accident or injury, such as medical causation, accident reconstruction, or product defects.
Why an Experienced Lawyer Can Make a Difference
Dealing with the complexities of a wrongful death claim requires a skilled attorney who understands the legal standards and knows how to build a compelling case. Proving negligence can be challenging, especially when the other party disputes liability or when multiple parties may be at fault. An experienced lawyer can:
- Gather and organize the necessary evidence
- Consult with experts to strengthen your case
- Anticipate and counter defense strategies
- Ensure all legal requirements and deadlines are met
At Berg Injury Lawyers, our California wrongful death attorneys have the knowledge and resources needed to guide families through these difficult cases. We are committed to pursuing justice for your loved one and helping you secure the compensation and closure you deserve.
The Role of Insurance in Wrongful Death Cases
In many wrongful death cases, compensation for a family’s loss comes through insurance policies, whether it’s an auto insurance policy for a fatal car accident, a homeowner’s insurance policy for a premises-related accident, or other relevant coverage. While insurance can provide financial relief for surviving family members, working with insurance companies often involves challenges, especially when substantial compensation is at stake.
Negotiating with Insurance Companies
Insurance companies typically aim to minimize payouts to protect their profits, which can make securing fair compensation a complex process. The negotiation process may involve:
- Initial Settlement Offers: Insurance companies may offer a quick settlement to resolve the claim, but these initial offers are often lower than the actual value of the claim. An experienced wrongful death attorney can evaluate these offers and negotiate for a more accurate compensation amount that covers the full extent of the family’s losses.
- Documenting Damages: To obtain fair compensation, it’s essential to present strong evidence supporting the claim, including medical records, accident reports, proof of income, and other documents that establish both economic and non-economic losses.
- Negotiation Tactics: Insurers may use tactics like disputing liability, questioning the cause of death, or downplaying the emotional and financial impact on the family. An attorney can help counter these tactics and advocate for a fair settlement.
Challenges in Insurance-Based Wrongful Death Claims
Securing compensation from insurance companies in wrongful death cases can present several obstacles:
- Policy Limits: Insurance policies have coverage limits, which can sometimes fall short of covering the full damages in a wrongful death case. In such cases, the family may need to explore additional sources of compensation.
- Disputes Over Fault: In accidents involving multiple parties or complex circumstances, insurance companies may attempt to place partial blame on the deceased to reduce their payout. Proving fault and establishing negligence is crucial in these cases, and having an experienced lawyer can strengthen your claim.
- Delays in Processing Claims: Insurance companies may delay claim processing in an attempt to pressure families into accepting a lower settlement. An attorney can expedite the process by handling all communications and legal procedures, allowing families to focus on grieving and recovery.
Why It’s Important to Have Legal Support
The insurance process in wrongful death cases can be emotionally taxing and legally intricate. An experienced wrongful death attorney understands the tactics insurers use and can navigate the negotiation process to pursue the maximum compensation available. With an attorney’s guidance, families can rest assured that their rights are protected, and their loved one’s memory is honored with a fair outcome.
Contact Our Bay Area Wrongful Death Lawyers Today
Berg Injury Lawyers has helped California families through difficult times for more than 40 years, and we want to help your family too. If you’ve lost a loved one due to someone else’s negligence, our California wrongful death attorneys want to help get justice for your family. And with our No Fee Guarantee®, if you don’t win, you pay nothing. So don’t wait. Complete a free contact form to get the experienced legal help your family deserves.