Wrongful Death

Losing a loved one due to someone else’s negligence is a profound and painful experience. We are dedicated to helping families navigate the complexities of wrongful death claims with the compassion and legal experience they need during such a difficult time. No lawyer in San Diego has successfully resolved more wrongful death cases than The Schenk Law Firm attorney, Frederick Schenk.

With extensive experience in wrongful death litigation, our firm is committed to seeking justice for those who have suffered unimaginable losses. While no compensation can replace a loved one, holding responsible parties accountable can provide a sense of closure and financial relief for the burdens you face.

We specialize in all aspects of wrongful death claims, from determining eligibility to calculating damages such as medical expenses, funeral costs, and emotional suffering. We also take on the challenge of negotiating with insurance companies, ensuring that you receive a fair settlement that reflects the true extent of your loss.

We are more than just legal advocates; we are partners in your pursuit of justice and the compensation to which you are entitled.

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Understanding Wrongful Death Claims in California

A wrongful death is one caused by someone else’s negligence or misconduct. This type of loss is devastating for the families left behind, not only emotionally but also financially. In California, wrongful death claims allow the family members of the deceased to seek compensation for their losses, providing some relief during an incredibly difficult time.

Types of Damages in a California Wrongful Death Lawsuit

In a wrongful death lawsuit, family members of the deceased can seek compensation for various damages, which are categorized into four main types:

Burial and Funeral Expenses: Families can recover reasonable costs associated with the funeral, cremation, interment, casket or urn, burial plot, and headstone. These costs can be substantial, often exceeding $10,000.
Lost Income and Financial Support: Compensation may include the financial support the deceased would have provided during their lifetime, covering lost wages and potential future earnings. This also includes the value of gifts and contributions the deceased would have made to the family. The amount is typically calculated based on the life expectancy of both the deceased and the beneficiaries, taking into account factors such as health, lifestyle, occupation, and age.
Pain and Suffering: Traditionally, California law did not allow for compensation for the deceased’s pain and suffering in a wrongful death claim. However, recent legislation (Senate Bill 447) has temporarily changed this, allowing the victim’s estate to recover damages for the pain and suffering endured by the deceased before their death. These damages are disbursed to the victim’s heirs through the estate and are available for claims filed between 2022 and 2025.
Loss of Consortium: This includes compensation for the loss of love, companionship, comfort, care, and support the deceased provided to their family members. It also covers the loss of moral support, protection, sexual relations, and guidance that the deceased would have offered. These damages often form a significant part of the compensation in wrongful death cases.

Additional Considerations: Punitive Damages and Non-Economic Losses

In California, punitive damages are generally not awarded in wrongful death lawsuits unless the death resulted from a felony homicide, and the defendant was convicted of the offense. However, these damages can be pursued through a survival action, which is filed on behalf of the deceased’s estate.

Economic damages in wrongful death cases include quantifiable losses such as related medical bills, burial expenses, and lost income, while non-economic damages cover the more intangible aspects, such as loss of companionship and pain and suffering experienced immediately following the injury up until the time of death.

Who Can File a Wrongful Death Claim?

California law reserves the right to file a wrongful death claim to specific individuals, including:

Surviving spouses or domestic partners.
Children of the deceased.
Grandchildren, if the victim’s own children are also pre-deceased.
Other dependent minors who relied on the deceased for at least half of their financial support.
Anyone else entitled to inherit under California’s intestate succession laws.

Understanding Survival Actions

Survival actions are distinct from wrongful death claims and can be filed alongside them. While wrongful death claims compensate the family for their losses, survival actions seek to recover damages on behalf of the deceased for the pain, suffering, and losses they endured before death. This includes medical expenses, lost wages, and potentially punitive damages if the defendant’s actions were particularly harmful.

The Legal Process: How to Prove a Wrongful Death Case

To succeed in a wrongful death lawsuit, it is necessary to prove that the death was caused by the negligence, recklessness, or intentional wrongful act of another party. This involves demonstrating:

Duty of Care: The defendant owed a duty of care to the deceased.
Breach of Duty: The defendant breached this duty through negligent or intentional actions.
Causation: The breach directly caused the death of the victim.
Damages: The surviving family members suffered specific losses due to the death.

Common Scenarios Leading to Wrongful Death Claims

Wrongful death claims can arise from various situations, including:

Car Accidents: Often caused by reckless driving, driving under the influence, or failure to follow traffic laws.
Medical Malpractice: When healthcare professionals fail to provide adequate care, leading to fatal consequences.
Workplace Accidents: Particularly in environments where dangerous machinery is involved and safety protocols are not followed.
Criminal Acts: Deaths resulting from acts of violence or other criminal behavior.
Premises Accidents: Occur when property owners fail to maintain safe conditions, leading to fatal injuries.
Defective Products: Result from faulty manufacturing or design, causing fatal injuries to users.

Statute of Limitations

In California, one generally has two years from the date of death to file a wrongful death claim. Missing this deadline could result in losing the right to pursue legal action, so acting promptly is crucial.

Why Choose The Schenk Law Firm for Your Wrongful Death Claim?

Extensive Experience: Our attorneys have successfully represented many hundreds of families in wrongful death cases, securing substantial settlements and verdicts. We have the experience needed to navigate the complexities of wrongful death claims, ensuring that those responsible are held accountable for their actions.
Personalized Attention: We understand that each wrongful death case is unique and deeply personal. We take the time to listen to your story, understand your needs, and craft a legal strategy that is tailored specifically for your loss. You’re not just another case to us; we stand with you every step of the way, offering the support and advocacy you need during this difficult time. That is why more San Diego families have entrusted their wrongful death losses with The Schenk Law Firm attorney, Frederick Schenk than with any other lawyer.
Relentless Advocacy: We are relentless in our pursuit of justice for our clients. Our team will explore every possible avenue to maximize your compensation, ensuring that your family’s rights are protected. Your recovery and peace of mind are our top priorities, and we fight tirelessly to hold responsible those at fault.
No Upfront Fees: Financial concerns should never be a barrier to seeking justice. That is why The Schenk Law Firm works on a contingency fee basis. We take on all the upfront financial risks of litigation. You do not pay, and we are not compensated, until we recover for your losses, through either settlement or trial. This ensures that you can focus on your recovery without the burden of paying legal fees before your case is resolved.

Insurance Company Negotiations

Dealing with insurance companies can be one of the most challenging aspects of a wrongful death claim. Insurance adjusters often aim to minimize payouts, offering settlements that are far below what you deserve. The Schenk Law Firm takes on the burden of negotiating with insurance companies on your behalf. Our decades of experience allow our attorneys to skillfully calculate the full value of your claim and ensure that you only accept a settlement that fairly compensates you for your loss and the impact on your family.

Seeking Justice and Compensation

While no amount of money can completely compensate for the loss of a loved one, a wrongful death lawsuit can provide financial relief and a sense of justice you deserve. The Schenk Law Firm is dedicated to guiding you through this process with compassion and experience, ensuring that your family receives the compensation to which you are entitled.

FAQS

What is wrongful death?

Wrongful death occurs when someone dies due to the negligence or misconduct of another person or entity. It can arise from various situations, such as car accidents, medical malpractice, workplace incidents, criminal acts, premises accidents, or defective products. Families of the deceased can pursue legal action to hold the responsible parties accountable and seek compensation for their losses.

What types of damages can be recovered in a wrongful death lawsuit? In California, families can seek compensation for several types of damages, including:

Burial and Funeral Expenses: Costs related to the funeral, cremation, interment, and burial.
Lost Income and Financial Support: The income and financial contributions the deceased would have provided throughout their lifetime.
Pain and Suffering: Recent legislation (Senate Bill 447) allows the victim’s estate to claim damages for the pain and suffering endured before death (for claims filed between 2022 and 2025).
Loss of Consortium: Compensation for the loss of love, companionship, care, and emotional support the deceased would have provided to their family members.

What are the additional considerations in a wrongful death lawsuit?

In California, punitive damages are not typically awarded in wrongful death cases unless the death resulted from a felony homicide where the defendant was convicted. However, punitive damages may be pursued through a separate survival action, which is filed on behalf of the deceased’s estate.

Who can file a wrongful death claim in California?

California law allows specific individuals to file a wrongful death claim, including:

Surviving spouses or domestic partners
Children of the deceased
Grandchildren (if the deceased’s children are also deceased)
Other dependent minors who relied on the deceased for at least half of their financial support
Anyone entitled to inherit under California’s intestate succession laws

What is a survival action?

A survival action is a separate legal claim that can be filed alongside a wrongful death claim. It seeks to recover damages on behalf of the deceased for the pain, suffering, medical expenses, and lost wages they endured before their death. Survival actions can also pursue punitive damages in cases of extreme negligence or intentional harm.

How do you prove a wrongful death case?

To succeed in a wrongful death lawsuit, it must be proven that the death was caused by another party’s negligence, recklessness, or intentional wrongful act. This requires demonstrating:

Duty of Care: The defendant had a duty to act with reasonable care.
Breach of Duty: The defendant failed to meet that duty.
Causation: The breach directly caused the death.
Damages: The family suffered specific losses due to the death.

What are common scenarios leading to wrongful death claims?

Wrongful death claims often arise from:

Car Accidents: Due to reckless driving, DUI, or traffic law violations.
Medical Malpractice: Failure to provide adequate medical care leading to fatal outcomes.
Workplace Accidents: Often in hazardous environments where safety protocols are not followed.
Criminal Acts: Deaths resulting from violent crimes.
Premises Accidents: When property owners fail to maintain safe conditions.
Defective Products: Resulting in fatal injuries from faulty manufacturing or design.

What is the statute of limitations for filing a wrongful death claim in California?

In California, the statute of limitations for filing a wrongful death claim is two years from the date of death. If a claim is not filed within this time frame, the right to pursue legal action may be lost.

How do you handle negotiations with insurance companies?

Insurance companies often try to minimize payouts. The Schenk Law Firm takes on the responsibility of negotiating with insurers on your behalf, ensuring that you receive a fair settlement that compensates you fully for your loss.

What should I do if I’ve lost a loved one to wrongful death?

If you’ve lost a loved one due to someone else’s negligence or misconduct, it’s essential to seek legal counsel promptly. Contact The Schenk Law Firm for a free consultation, and our compassionate team will support you in seeking justice and the compensation to which you are entitled.