Wrongful Death Attorney
The loss of a loved one can be devastating, especially when it happens because someone was simply careless or negligent. Dealing with the aftermath is a struggle. As distinguished trial lawyers, the wrongful death attorneys at Bowles & Verna will help you hold the guilty party accountable to the highest extent.
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Contact us today at 925-935-3300 to see how we can help you with your wrongful death case.
Countless people are injured every day from car accidents, plane crashes, and accidents in the workplace. But there is no worse personal injury than one that kills the victim. A wrongful death attorney at the Walnut Creek law firm of Bowles & Verna LLP can help, and our team has been assisting the families of wrongful death victims to find compensation for their injuries across international lines for more than 25 years. Our lawyers understand what wrongful death clients are going through and we handle our cases with professionalism and focus.
Understanding The Basics Of Wrongful Death
Legally speaking, the term “wrongful death” covers a huge range of contexts. A successful wrongful death suit requires several key elements: the death of a human being; a death resulting from another person’s negligence or a deliberate intent to harm; and the survival of family members financially affected by the death. Consequently, wrongful death cases can be the result of exposure to dangerous conditions or substances, criminal behavior, or an automobile accident, among others.
Experienced National And International Wrongful Death Attorneys
At Bowles & Verna LLP, we specialize in particularly complicated wrongful death cases, often crossing state or country lines. Many of these deaths occur while in transit. Among the most common causes are:
Unfortunately, wrongful deaths occur frequently during interstate travel, especially international aviation accidents. International cases are particularly complicated. When the airline company, plane manufacturers, and passengers all come from different states or countries, many laws intersect – not to mention the location of a crash site.
Every member of our team keenly understands and navigates the relevant laws governing wrongful death cases worldwide.
The laws governing wrongful death claims differ greatly between states and from one country to the next. Even the credit card a passenger uses to pay for a flight can change a case. Consequently, there are many different variables that a less experienced attorney could miss. While based in the San Francisco Bay area, we are an international personal injury law firm practicing in many states and countries. As a result, every member of our team keenly understands and navigates the relevant laws governing wrongful death cases worldwide.
Examples Of Wrongful Death Laws
Some of the issues that are different from one jurisdiction to the next include:
- Damage recovery limits: Many bodies of law put limits or caps on the amount that a plaintiff can recover for wrongful death claims. These limits can be placed on overall recovery amounts or punitive damages.
- Pre-death pain and suffering: Some jurisdictions allow plaintiffs the opportunity to recover for the pain and suffering that their deceased loved ones experienced in the moments before death. Other jurisdictions do not allow this.
- Survival claims vs. claims brought by heirs: A “survival claim” is a wrongful death claim brought by the decadent’s estate. Every jurisdiction has different rules and limits for survival claims and claims brought by an estate.
- Accumulation systems: Not every jurisdiction allows a plaintiff’s recovery to be based in part on the accumulation of the money that the deceased would have made in the course of a lifetime.
Who Can Sue For Wrongful Death In California?
California’s rules for who has standing to bring a wrongful death lawsuit are a little complex, but it is primarily limited to surviving family members. The most likely plaintiffs would be the victim’s surviving spouse/partner and the victim’s surviving children. If the victim didn’t have a surviving spouse or children, additional heirs and family members might gain standing to sue.
It is best to seek case-specific advice and guidance from an attorney if you’d like to know whether you would be able to bring a wrongful death lawsuit.
How Much Compensation Can I Seek For Funeral And Burial Expenses?
This varies by state. Some states have a specific cap on these expenses while others set standards for what would be considered “reasonable” expenses. In California, for instance, a person’s societal status and the size of their estate can influence what is considered reasonable. If a person was well-known and had a large estate, it would stand to reason that their funeral and burial expenses would be higher. This isn’t true in all cases, of course, so it is a good idea to discuss this issue with your attorney.
Contact An Attorney
If you are facing a loss as catastrophic as the wrongful death of a loved one, you need attorneys with the experience and skill to handle these complicated legal issues. Our attorneys have been down this road numerous times, and we can help you get the recovery you deserve. Call 925-935-3300 or contact Bowles & Verna LLP online for a free consultation.