California
Wrongful Death Lawyer$10MM +
Recovered for Clients
1000 +
Injured Clients
3.5 ×
Higher compensation*
No Recovery.
No Fee.
It’d be instantly devastating to lose someone you love in a terrible accident or at the hands of a criminal. Naturally, you’d want to know several things in a wrongful death situation, including:
1. Who’s responsible?
2. Can this person/entity be charged with a crime?
3. How will this affect me financially?
That last question is grim. But the abrupt death of a loved one who was a financial provider can quickly throw a family into chaos – or even homelessness. And it’s only fair that the responsible person or company compensates you for your loss.
In a wrongful death lawsuit, the justice system defines how much money your loved one would have provided if they were alive. Whether the deceased was a celebrated artist or struggling architect, it’s up to your attorney to clarify how much that life was worth, and if the guilty party should pay accordingly.
At Vaksman Khalfin, we’re not afraid to do whatever’s necessary, including litigation against large corporations and government agencies. Our firm will help you identify the responsible parties, making certain you receive a fair settlement for your family.
Robert B. Vaksman, Esq.
Founding Partner
“Some cases are easier than others, but this doesn’t matter at Vaksman Khalfin, because we have the resources to help our clients no matter what is at stake, especially if it’s hard."
Alan D. Khalfin, Esq.
Partner & Managing Attorney
"People call me when they need to plan, but also when something terrible has happened and they need help. It is personal to my clients, so it is personal to me. We have to help — no matter what."
California Wrongful Death Lawyer
Wrongful death lawyers must deal with many different areas of law, such as property law, civil law, and criminal law. Advocating for clients in this area of legal practice can be challenging. However, the attorneys at Vaksman Khalfin, PC understand what it takes to pursue wrongful death cases efficiently, thoroughly, and systematically. These traits ensure that we devote ourselves to protecting our clients’ legal rights.
When a life is tragically cut short due to the negligence or misconduct of another individual or entity, the surviving family members may have the right to pursue a wrongful death claim in California. Selecting an experienced wrongful death attorney in California is crucial, as these lawyers bring a deep understanding of the laws that govern wrongful death claims. They are adept at holding the responsible parties accountable and are experienced in calculating the total damages amount associated with a wrongful death case.
Attorneys in this field manage the intricate process of investigating the claim, establishing liability, and negotiating with insurance companies or taking the case to trial if necessary. The attorney’s role extends beyond legal proceedings. The attorney provides compassionate support to grieving families during a difficult time. While a family focuses on healing, a wrongful death lawyer in California can handle the legal burdens of a wrongful death claim.
What Is Wrongful Death?
Wrongful death statutes in California concern a state of affairs when an individual dies due to the negligence or wrongful act of another person or entity. Under California law, these claims are civil lawsuits seeking monetary damages for the deceased’s survivors or estate.
The following individuals are eligible to file wrongful death claims:
- Minors who were at least 50% dependent on the deceased for support
- Putative spouses
- Financial dependents
- Immediate family members
In California, wrongful death claims must be filed within two years from the date of the decedent’s death. Complex issues regarding property law may become relevant during certain phases of a wrongful death case. Therefore, it is in your best interest to seek out a knowledgeable wrongful death lawyer who understands how to litigate these types of civil lawsuits.
In the State of California, the right to file a wrongful death lawsuit is regulated by statute. Only specific individuals, referred to as “statutory heirs,” have legal standing to bring such a claim forward. Statutory heirs include the decedent’s surviving spouse, domestic partner, children, and in their absence, individuals who would be entitled to the property of the decedent by intestate succession. This may extend to parents, siblings, or grandchildren if no other heirs are living.
Rights of Domestic Partners
Domestic partners are granted the same rights as a surviving spouse regarding wrongful death claims in California. They must have been registered with the state as domestic partners at the time of the decedent’s death to be eligible.
Limits on Who Can Sue
California law places restrictions on who can bring a wrongful death lawsuit. These are primarily family members or representatives, excluding distant relatives, friends, or co-workers who do not have a statutory relationship with the decedent.
Elements of a Wrongful Death Case
The following are the elements of a wrongful death case in the State of California. The plaintiff must prove each element of a wrongful death action by a preponderance of the evidence. Essentially, a preponderance of the evidence means a 50% or greater likelihood that something is more true than not true. The following elements must be satisfied for a plaintiff to recover on a wrongful death claim:
- The death of a human being
- That was caused by another party’s negligence, or with intent to cause harm; and
- The surviving family members are suffering financial losses as a result of the death
The California wrongful death lawyers at Vaksman Khalfin, PC will help you determine how best to assert your wrongful death claims. Understanding how wrongful death claims are unique can help clients deal with some of the complexities that arise during these cases.
How a California Wrongful Death Lawyer Can Help
A wrongful death lawyer can help you enforce your legal rights and help you stand up to defense counsel. You do not have to litigate an entire civil lawsuit on your own. A lawyer can depose witnesses and parties, conduct legal research, and draft motions which can strengthen the legal arguments you use to support your legal claims.
A wrongful death attorney in California will also enable you to take advantage of the attorney-client privilege and attorney-client confidentiality. These benefits will help you protect your legal rights. It is imperative that you understand the scope of the constitutional protections you will receive by retaining legal representation.
What You Can Expect
from Vaksman Khalfin Wrongful Death Attorneys
Free Consultation
We will assess the facts of your case, outline achievable outcomes, and chart a probable course of action without any financial obligation on your part. We are here for you and your family.
YOU ONLY PAY US IF WE REACH A SETTLEMENT
Your satisfaction is our number one priority. Our payment structure follows a "no win, no fee," policy which guarantees our fees are contingent on a successful outcome for your case.
EXCEPTIONAL ATTORNEYS AND CASE MANAGERS
A professional attorney with a case manager will ensure dedicated service and personalized attention. This loyal team is your consistent point of contact and personally handles all of your concerns.
MEDICAL PROVIDERS WILL NOT RECEIVE PAYMENT UNTIL YOUR CASE IS RESOLVED
We believe in a complete and fair resolution of your case before medical providers get paid. At Vaksman Khalfin your medical needs are our top priority. Our focus remains on achieving the best outcome for your case.
How it works
Complimentary consultation
We provide you with a complimentary consultation on your wrongful death case. If we're mutually interested to work with each other, you will sign an engagement agreement, after which we will get started. Remember, we don't get paid unless and until you get paid.
Working With a Team of Wrongful Death Attorneys
Our legal team will work with you to ensure that you receive the justice you deserve. We serve a pre-litigation demand package and negotiate with the defendant. If we don't get what we believe you are owed, we consider going to court.
We Will Fight For You
If pre-litigation efforts fail, in certain situations, we will continue fighting for you in court. This may take a while, but it will ensure that you get what you deserve. We have years of experience handling wrongful death cases in the State of California.
How to Prove Liability For a Wrongful Death
The element of causation is difficult to prove in some wrongful death cases. Oftentimes it is a matter of probability and the availability of documentary evidence that affects whether or not a case is litigated rather than settled. To establish liability in a wrongful death case, it is necessary that the decedent’s attorney prove that the defendant caused the plaintiff’s death.
Causation is a complicated issue in the field of tort law. Actual cause and proximate cause are two of the most important concepts related to causation in this area of the law. Also, civil litigation often involves one minor problem after another, and it can be difficult to lose sight of what is most important in a wrongful death case. It is also important to determine whether or not the defendant engaged in reckless, willful, or wanton conduct. Participating in this type of conduct may open up the defendant to facing punitive damages.
Types of Wrongful Death Claims We Handle
An experienced wrongful death attorney in California will be able to provide you with a roadmap regarding the overall strategy related to your case. Multiple expert witnesses, conflicting evidence, and angry surviving family members can make wrongful death cases extremely difficult to litigate. The participants may be emotional or angry about the death of their loved one. The following are some of the most common types of wrongful death cases we handle:
- Trucking accidents
- Products liability
- Motorcycle accidents
- Asbestos exposure
- Medical negligence
- Workplace accidents
- Automobile accidents
- Construction accidents
- Criminal conduct
Contact a wrongful death attorney in California if you are searching for legal representation. We can help you with the most challenging aspects of your civil lawsuit. Also, you may not understand all the legal consequences of your actions. Therefore, speaking to an attorney can help you gain some perspective about the role you can play during the litigation of your legal claims.
Proving a Wrongful Death Claim in California
To obtain any recovery on behalf of the decedent’s estate or the surviving family members, it is necessary to prove every element of the legal claim. The injured party must prove by a preponderance of the evidence that the defendant caused the decedent’s death. Typically, the defendant engaged in negligent conduct, but it is also possible for some to cause a fatal accident by exhibiting rather tame behavior.
The following four elements are necessary to prove an ordinary negligence claim:
- Duty
- Breach
- Causation
- Damages
If the defendant did not uphold their duty of care and act as a reasonable person would have under similar circumstances, then the defendant will be liable for causing the decedent’s death. If you want to substantiate your legal claims, then it is vital that you determine which types of evidence will be most beneficial to your case.
California Wrongful Death Statute of Limitations
The statute of limitations for wrongful death claims in California is two years from the decedent’s date of death. Injured parties may not rest on their rights without risking losing their claim. Parties must bring their legal claims within a relatively short time to ensure that evidence will not become stale. The appropriate and consistent presentation of evidence in a civil trial is one of the best ways a party can substantiate their legal claims.
How Wrongful Death Compensation is Divided
Monetary compensation in a wrongful death case may be divided among the parties. Typically, the party asserting a wrongful death claim seeks financial compensation for both past and future losses. Damages in wrongful death cases are generally divided between special damages and general damages.
Punitive damages are awarded to punish the defendant and to deter the defendant from committing the same conduct in the future. Individuals who seek punitive damages typically must prove that the defendant acted willfully, wantonly, or maliciously. Speaking with a knowledgeable wrongful death lawyer will help you understand more about the types of damages injured parties may claim in civil lawsuits.
Criminal Charges vs. Wrongful Death Lawsuits
The state asserts criminal charges against individual criminal defendants. However, wrongful death lawsuits are civil lawsuits, and the party bringing the lawsuit is either the decedent’s estate or the surviving family members of the decedent who are bringing a survival action. These individual causes of action are important and worth keeping as an integral part of civil litigation in the United States.
What Damages Can be Recovered in a Survival Action Lawsuit?
CCP section 377.34 states that the representative may pursue economic, non-economic, and punitive damages suffered by the decedent before the time of their death. Survival actions are complex, and it will be beneficial to speak to a wrongful death lawyer about these types of cases.
Why Trust Vaksman Khalfin, PC
The California wrongful death lawyers at Vaksman Khalfin, PC will be with you every step of the way if you are a party in a wrongful death case. It is possible that one of your family members died due to the negligence of another party. Therefore, you need to focus on finding dependable legal representation. Our attorneys understand how stressful it can be to deal with the loss of a loved one. Contact us to schedule a free consultation during which we can discuss the facts of your case.
California Wrongful Death
Frequently Asked Questions
Wrongful death claims in California have many different variables which can affect the amount of monetary compensation injured parties seek. The best place to start is with the total damages amount associated with a case. However, it is impossible to assign a monetary value to any human life. All life is invaluable, but in wrongful death cases the courts seek out a damages amount which will reasonably compensate the surviving family members for their loss.
Wrongful death lawsuits are challenging because they deal with many different areas of law. Property law, civil procedure, and criminal law are often all implicated in wrongful death cases. It is essential that you determine any challenges which may make your case more difficult, such as multiple children and ex-spouses of the decedent. These entities may have individual claims that need to be litigated together.
A wrongful death claim is an individual legal claim that has a number of distinct elements. An attorney representing the surviving family members must prove each element of the wrongful death claim by a preponderance of the evidence. The elements of a wrongful death claim in California are: the death of a human being; that was caused by another party’s negligence, or with intent to cause harm; and the surviving family members are suffering financial losses as a result of the death. Each one of these elements must be proved by a preponderance of the evidence, which is generally interpreted to mean 50% or greater. Therefore, working with a wrongful death attorney is one of the best things you can do if you want to assert your legal rights.
In California, the only time there is a damage cap in a personal injury case is for non-economic damages in medical malpractice claims. After Assembly Bill 35 is passed, the non-economic damages cap will be $390,000 in non-death cases and $550,000 in wrongful death cases. These caps will increase through 2033 to $750,000 in non-death cases to $1 million in wrongful death cases. Non-economic damages include compensation for the following: loss of enjoyment of life; loss of consortium; pain and suffering. The bill is not retroactive and applies only to cases filed on January 1, 2023 or afterward. For cases before 2023, the cap is $250,000.
The overall length of any civil lawsuit varies depending on the facts and circumstances of the case. Most personal injury cases are resolved within six months to two years. Although the majority of these cases settle, a small percentage do go to trial. However, it is impossible to predict how long any single case will take to resolve when you factor in the appeals process and any post-judgment litigation.
Wrongful death cases are complex. Sometimes it can be difficult to determine if a set of facts constitutes a wrongful death case. Common examples of wrongful death cases are: a construction dies due to a defective piece of equipment; a passenger on a commercial flight dies due to the pilot’s negligence; a visitor at a zoo dies due to a negligent zookeeper.
General damages concern those losses which are more subjective than special damages. These are for losses such as pain and suffering, loss of enjoyment of life, and emotional distress. Individual family members can recover damages for anything the decedent would have contributed while they lived. You can also recover what you lost for intangible things such as moral support.
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