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831-373-3780
Wrongful Death
A close family member, an heir, or a dependent of the decedent can sue for wrongful death. We can help you prove that a family member's death was a direct result of negligence, product malfunction, or malicious intent. At trial, a jury may award damages for:
- Funeral and medical expenses
- Loss of protection, care, and companionship for the survivors
- Damages for mental anguish or pain and suffering of the survivors
- Punitive damages can be awarded in cases relating to fraud, oppression or malice, and in the case of a drunk driver who kills someone on the roadway, both punitive damages and attorneys fees and costs are awardable by statute
- Loss of inheritance
- Loss of the earnings between the victim's time of the death and the victim's expected time of retirement or death
- Loss of medical coverage, pension plans, and other employment benefits
California state law requires that wrongful death suits be filed within two years of the fatality or within a year after you discover the wrongful action. The exception to the rule is asbestos-related wrongful death litigation, which must be filed within a year of the fatality or a year from the date on which you discovered that asbestos caused or contributed to the death.
Our attorneys have the experience, the empathy, and the insight to help you prove your wrongful death claim. In certain cases, we consult with financial planners and other top experts in the field to advance the rights of our clients at trial. Do not wait to schedule your free consultation. Call the Biegel Law Office today at (877) 223-8982 to speak to an attorney near you about your wrongful death case.
Case Study: Wrongful Death on HighwayMr. Biegel represented a surviving spouse and three surviving children of a truck driver killed in an auto versus truck collision on Highway 101 north of Salinas. In subsequent litigation against the driver of the automobile for her negligence and against the State of California for faulty roadway design and maintenance, the matter was settled for $1.75 million. The firm's work was hailed in the local press for making a substantial contribution to highway safety in the area. Shortly after the settlement, the State of California spent over $1.5 million to change the design of the roadway. Case Study: Wrongful Death of WitnessMr. Biegel filed a wrongful death action against the County of Monterey and the City of Seaside based upon their release of the name of an informant in an important homicide matter. The informant was killed as a result of the defendants' disclosure and the family of the informant sought compensation for their loss. Neither the County nor City of Seaside offered to pay compensation. Mr. Biegel won a jury verdict, which ordered them to do so. Case Study: Wrongful Death of a SonA 40 year old man was killed on Highway 1, south of Carmel, when he was struck by a drunk driver who left the scene of the crime in a hit-and-run. The decedent's parents, who were both in their sixties and retired, retained the services of our firm. Mr. Biegel engaged the testimony of one of the preeminent accident reconstruction specialists in the nation, whose analysis demonstrated that the impact had occurred in the bicycle lane and not in the main portion of the roadway as the defendant had contended. This case was settled after an intense mediation for more than $1 million. Case Study: Wrongful Death of Teenage DaughterOur client’s 17 year old daughter was riding her bicycle to school when she was struck and run over by a commercial truck. The accident occurred in Clovis, California, a small town in the Central Valley. Our client was astonished to learn that a supposed accident investigation by the Clovis Police Department concluded that the accident was her daughter's fault. She then retained the Biegel Law Firm because, as much as anything, she wanted to clear the record and assign fault where it belonged—to the driver. Again, after retaining a well-respected accident reconstruction expert who used forensic photography to replicate the accident, the case settled after a mediation for slightly less than $1 million. This settlement was paid, not by the driver, but by the driver's employer. |
