PERSONAL INJURY | WRONGFUL DEATH | FREQUENTLY ASKED QUESTIONS | SURVIVAL STATUTES | DAMAGES | LOSS OF CONSORTIUM | LOST WAGES OR INCOME
If you have lost a family member because of the careless or negligent act of another person, you may be uncertain how to proceed to recover for your losses. The purpose of this page is to answer many of your most basic questions, so that you can confidently contact an experienced lawyer to protect your interests.
At Blackman Legal Group, we have represented survivors in accidental or wrongful death actions since 1977. We bring skill, experience and knowledge to every case, and carefully examine all aspects of your claim, so that we can present the best argument to get the benefits you need. We have regularly settled claims at or above insurance policy limits and have obtained numerous verdicts and settlements in excess of $1 million.
For a free case evaluation, contact Blackman Legal Group by e-mail or call our office at 415-585-5200 (toll-free at 866-692-8126) to set up an appointment.
WHAT YOU NEED TO KNOW ABOUT A WRONGFUL DEATH CLAIM
- What is wrongful death? A death is wrongful if it results from the negligent or intentional acts of another person. The wrongful act could be simple carelessness or a failure to use the standard of care that a reasonable person would. A wrongful death may also be caused by reckless behavior, including acts that display a willful or wanton disregard for the value of human life, such as driving at excessive speeds or randomly firing a gun. A wrongful death action can also be filed in cases involving homicide, including murder or manslaughter.
- Who can recover damages for wrongful death? State laws generally define who may recover damages for wrongful death. In some states, only a surviving spouse and children may obtain compensation. Other states allow parents, grandparents or others to seek damages. In addition, many states have placed restrictions on lawsuits where one family member sues another for the wrongful death of a parent or other loved one.
- How are damages determined? The largest measure of damages in a wrongful death action is customarily for lost income or wages. Surviving family members are entitled to recover for the loss of any financial support the decedent would have provided over his or her lifetime. In addition, surviving family members may recover for the pain and suffering experienced due to the absence of the deceased person in their lives. They may also seek damages for any medical bills and funeral expenses of the decedent.
- Is there a statute of limitations on wrongful death? There is a statute of limitations for all wrongful death lawsuits. The statute of limitations identifies the length of time a party has to file an action for damages or losses. The time frame is customarily established by state law, and starts at the time of death. In California, Nevada and Arizona, the statute of limitations for wrongful death is 2 years. Regardless of the length of the statute of limitations, you want to hire an attorney immediately, so that you can protect all relevant evidence that supports your claim.
We handle all wrongful death actions on a contingent fee basis. We will only charge you attorney fees if we recover compensation for your losses.
CONTACT BLACKMAN LEGAL GROUP
We offer a free case evaluation to individuals who have a wrongful death claim. For an appointment, contact us by e-mail or call our office toll-free at 866-692-812. We have offices throughout California. To find the location nearest to you, see our Office Locations page.