If you’ve lost a loved one due to the negligence of another and are dealing with medical bills, funeral expenses, paperwork, and other costs, you may be entitled to file a wrongful death claim to seek justice in the form of financial compensation.  

A knowledgeable attorney can help you determine if you have a valid case and hold the responsible parties accountable for your loss.

Call Fresno wrongful death lawyer Tim Mazzela at (559) 297-1118 to talk to someone who understands wrongful death cases in Fresno and knows how to get justice for your loved one and family. 

What Counts as a Wrongful Death in Fresno?

California Code of Civil Procedure, Section 377.60, outlines the state’s wrongful death law. California allows families to recover damages when a loved one dies as a result of someone else’s wrongful act. 

Elements of a Valid California Wrongful Death Claim 

Under California law, a successful wrongful death lawsuit requires the following elements:

1. A human death caused by another’s negligence or intent to cause harm. 
2. Surviving family members who are suffering monetary injury as a result of the death, and a personal representative appointed by a probate court. 
3. The cause of the victim’s death was the wrongful act or negligence of another. 
4. The responsible party’s negligence or wrongful act was a substantial factor or was the probable cause of the victim’s death. 

In addition, you need to prove liability by a preponderance of the evidence. In other words, you need to show that the defendant is more likely than not responsible for your loved one’s death. 

Our skilled wrongful death lawyer will help you gather the evidence necessary to establish liability and hold the wrongdoers accountable. 

Common Causes of Wrongful Death in Fresno

Who Can File a Wrongful Death Claim in California?

In California, only family members named explicitly by section 377.60 can bring a wrongful death lawsuit. Eligible family are as follows:

• The surviving spouse or domestic partner
• The children of the deceased
• The children of any deceased children
• Any persons who would be entitled to inherit from the deceased

There are also more complex rules about others who can file a wrongful death claim. If you are unsure whether you qualify, call our law firm and speak to one of our experienced Fresno wrongful death lawyers to determine your eligibility. 

Deadlines For Filing a Wrongful Death Claim in Fresno

If you have lost a loved one as a result of a fatal accident, you need to hire a lawyer as soon as possible. California has a few different deadlines or statutes of limitations by which you have to file a wrongful death lawsuit or lose your right to compensation for your loss. In most cases, you have to file a wrongful death lawsuit within two years of the date of injury or death.

Medical Malpractice Wrongful Death

However, if your claim involves medical malpractice, you have three years from the date of injury, or one year after you discovered or should have discovered the injury, whichever occurred first. 

Wrongful Death Claims Against a Public Entity

If your claim is against a public entity (like a state, county, or city), you usually have only six months to file a tort liability claim with the specific entity before you can file a lawsuit. If you believe you have lost a loved one wrongfully, contact our wrongful death lawyer in Fresno today so we can gather the necessary evidence before it disappears, preserve your eligibility to file a claim, and maximize your financial recovery. 

How a Fresno Wrongful Death Claim Works

There are generally five different phases of a wrongful death claim:

Pre-litigation

During this phase, your lawyer investigates what caused the accident, solidifies witness statements, and reviews various reports from the hospital, doctors’ offices, the coroner’s office, and law enforcement to get a complete picture of what happened to your loved one and the damages you may be entitled to claim. 

Your lawyer will also communicate with the defendant and their insurance company to determine the insurance policy limits and resources available to satisfy your wrongful death claim. After they have gathered all the necessary information, your lawyer will assemble and submit a settlement package to the defendant to potentially resolve the case without litigation. 

The Pleadings 

If we cannot resolve the case without filing a lawsuit, we will proceed with the second phase of a wrongful death action in California, which involves generating the pleadings. 

The pleadings are documents your lawyer will file with the court detailing your claim. The pleadings (which include the complaint) set forth the factual allegations of what happened to your loved one and who caused it. 

The defendant will usually file an answer in response to the complaint. The answer will typically be a generic statement denying the allegations and listing various affirmative defenses. 

Discovery

The discovery phase begins as your lawyer finalizes the pleadings and both sides learn the issues and evidence involved in the case. During this phase, both sides will formally request and exchange information regarding the case, while continuing to negotiate a settlement. 

Settlement Conference (Mediation) 

During the settlement conference, which may occur during or after the discovery phase, our attorneys and counsel for the at-fault party attend a formal but non-binding conference where a neutral third party will mediate negotiations and attempt to help us settle the case before trial. 

Trial 

If we cannot reach a settlement through informal negotiations or at the settlement conference, the case goes to trial, where a jury will listen to arguments from both sides and then find the defendant liable or not liable. If they just find the defendant liable, it will then determine the amount of damages you and your family are entitled to receive. 

Only four to five percent of wrongful death lawsuits go to trial. The other 95 to 96 percent settle outside of court. When it is in your best interest, your wrongful death lawyer will push for a settlement without trial. However, they will be ready to take the case to trial when that will produce the best outcome for you and your family.

Compensation Types in a Wrongful Death Case

Wrongful death damages compensate your family for the value of support you could have reasonably expected to receive from the deceased had they lived. Damages come in two categories:

1. Economic 
2. Non-economic 

Economic damages may include expenses related to medical bills for the care of the deceased right before their death, funeral and burial expenses, and the amount of money the deceased reasonably would have earned if they had remained alive. 

Non-economic damages may include the loss of financial support and the loss of love, companionship, affection, etc., to your family members. Non-economic damages can significantly increase the value of a wrongful death claim. 

California Civil Jury Instructions provide no fixed standard for deciding the amount of non-economic damages in a wrongful death case. A jury can award any reasonable amount based on the evidence and common sense. 

In any wrongful death case, it is very important to explore all potential damages fully. At our law firm, we help document every aspect of your loss and, if necessary, hire the proper experts to provide expert testimony to support your claim.

How We Fight for Your Family

Wrongful death cases can be very complicated, as there are countless considerations and massive amounts of paperwork involved.Our skilled Fresno Wrongful Death Lawyer does the following to reduce the stress on grieving families while fighting to help them pursue justice:

• Ensure the preservation of key evidence

• Handle communication with the at-fault party and insurance companies 

• Coordinate with law enforcement or third-party investigators to establish liability 

• Help locate and hire expert witnesses to testify on your behalf

We fight for your family with unwavering focus, pushing for the outcome that honors your loved one’s memory and provides the security your family needs to move forward.

Don’t Accept a Low Settlement Offer for Your Wrongful Death Case

When you lose a loved one wrongfully, the responsible party’s insurance company may contact you soon after and offer an immediate settlement. However, insurance companies are only interested in settling claims for as little as possible. So, this early settlement offer will likely be for less than what your family needs and deserves. 

To protect your case, you should never engage in any discussions with the liable insurance company before you consult with an attorney. An experienced wrongful death lawyer will take steps to be sure that you do not accept a settlement that does not adequately compensate you and your family for your loss. 

You Don’t Have to Do This Alone

Losing a loved one is one of life’s hardest moments. A wrongful death claim can help your family find justice and closure. With an experienced Fresno wrongful death lawyer like Tim Mazzela, you have someone who knows California law and can guide your case while you focus on mourning and rebuilding your life.

Call a Fresno Wrongful Death Lawyer Today

If you have lost a loved one because of someone else’s negligent or wrongful conduct, you may be entitled to compensation for your loss. Call attorney Tim Mazzela at (559) 297-1118 or send us an email, 24 hours a day.