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Walnut Creek Wrongful Death Lawyers

Lawsuit After a Fatal Accident

man comforting kidsA wrongful death is one that happens because of the wrongdoing of a person or group, like a company. Wrongful death claims stem from incidents that are sudden, shocking and often traumatic. Family members in the process of grieving the loss of a loved one have the added burden of trying to make sense of the death. Alongside their emotional troubles, families must also deal with putting their financial affairs in order.

In a wrongful death situation, a family must deal with the loss of income from the person who died while handling unforeseen expenses such as medical, funeral and burial costs. If you have lost a loved one due to the negligence or wrongdoing of another person or group, the experienced wrongful death attorneys at Balamuth Law can help you better understand your legal rights and options. Contact us at (888) 254-1234 to discuss your case.

What Constitutes Wrongful Death?

Not all tragic deaths automatically result in a wrongful death claim. Here are just a few examples of fatal incidents that could lead to a wrongful death lawsuit:

  • A drunk driver who causes a fatal crash.
  • A truck driver operating a truck while fatigued causes a deadly collision.
  • A doctor whose error during surgery or failure to diagnose a serious health condition causes the patient's death.
  • A construction accident that happens as a result of dangerous worksite conditions or defective equipment.
  • A dangerous or defective product that causes a death, even when it was used properly.

Who Can File a Wrongful Death Claim?

Under California's wrongful death statute, only certain people are qualified to file a wrongful death lawsuit. Immediate family members such as the decedent's surviving spouse or domestic partner or the deceased person's surviving children are usually the people who file these types of claims.

If the victim has no spouse, partner or children, a wrongful death lawsuit may be brought by anyone financially dependent on the deceased person or who’d be entitled to the property of the person who died. Examples include parents, siblings or anyone who lived with the victim at the time of their death. California law also allows the decedent's putative spouse, children of the putative spouse and stepchildren to file wrongful death claims.

Damages in a Wrongful Death Claim

Family members of victims can seek compensation for both economic and non-economic damages in a wrongful death claim. Damages in these cases typically involve compensation for personal losses that the family has suffered as a result of losing their loved one. Wrongful death claims usually seek compensation for damages such as lost income, hospital bills prior to death, funeral and burial expenses. In addition, non-economic damages may include pain and suffering, loss of love, community, moral support and guidance. An experienced Walnut Creek wrongful death lawyer can help determine the correct amount of damages that could be sought in a wrongful death case.

Quality Legal Representation

Wrongful death cases are often emotionally challenging. Our Oakland personal injury lawyers not only work diligently to help our clients get maximum compensation, but do our best to remain compassionate and sensitive to your needs throughout the process. If you have lost a loved one due to another's negligence or wrongdoing, call Balamuth Law at (888) 254-1234 for a no-cost consultation and comprehensive case evaluation.

Wrongful Death Verdicts & Settlements:

Listed below are verdicts and settlements obtained by Balamuth Law on behalf of victims of work related accident injuries:

Case Name: Amelita Doe v. Kaiser
Recovery Range: $650,000 - $1,000,000

Case Name: Doe Parents v. Driver
Recovery Range: $400,000 - $650,000

Case Name: Doe Family v. Driver
Recovery Range: $400,000 - $650,000

Case Name: Mrs. Doe v. Neighbor
Recovery Range: $250,000 - $400,000

Case Name: Doe Family v. Landlord
Recovery Range: $250,000 - $400,000

Click here for more information about these wrongful death verdicts and settlements.

Additional Information

Attorney Kelly Balamuth was profiled in the
September 2013 Issue of Plaintiff Magazine.

1001 Country Club Dr., #F
Moraga, California 94556
Phone: (925) 254-1234
Toll Free: (888) 254-1234

Orinda Wrongful Death Attorney Disclaimer: The legal information and materials contained on this web site do not constitute legal advice and are presented without any representation or warranty whatsoever, including as to accuracy or completeness. They are not intended to create, and receipt of them does not establish, an attorney-client relationship between you and Balamuth Law. You should not act upon this information without seeking professional counsel.

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