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California Wrongful Death Lawyer

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Compassionate Legal Support After a Preventable Loss

If a death is caused by someone else’s negligence, the victim’s family can file a civil wrongful death lawsuit and seek compensation. A wrongful death lawsuit can be brought in California for injuries caused by a car accident, plane crash, defective product, or other incidents caused by the recklessness or negligence of others. 

A wrongful death settlement can help cover funeral costs; lost income; pain and suffering; loss of the love, companionship and guidance of your loved one; and more. California also allows wrongful death claimants to bring a “survival action” for losses suffered by the victim from the time of the incident and their death. Unlike wrongful death actions, which are brought to compensate the victim’s family for their own losses due to the death of their loved one, survival actions are aimed at recovering damages that the deceased person would have been entitled to had they survived.

No one is ever prepared to cope with the loss of a loved one, and the aftermath can be overwhelming. An experienced wrongful death lawyer by your side can alleviate some of the stress and work on your behalf to pursue justice and accountability, and provide the best chance to obtain full and fair compensation. 

The California wrongful death lawyers at Wisner Baum have obtained more than $4 billion in verdicts and settlements for clients. We know what it takes to win big cases against big companies.

Immediate Help for Grieving Families

We know this is a difficult time. If you’re unsure what to do next, our legal team is here to guide you. Our California wrongful death lawyers aim to make the legal process as easy as possible so you can focus on healing. Click below to schedule a confidential consultation—no obligations, just support from experienced lawyers for wrongful death.

What is a Wrongful Death Lawsuit?

Wrongful death refers to the type of lawsuit that may be filed when fatal injuries are caused by the negligent, reckless, or intentional actions of another person or entity. A surviving family member or estate representative may bring a civil lawsuit against the person or entity allegedly responsible for causing or contributing to the incident that caused the death. 

The person who brings the wrongful death lawsuit, known as the plaintiff, has the burden of proof, meaning they must demonstrate to the court that the defendant(s) caused or contributed to the victim’s death through their negligence or recklessness. If successful, the claim will result in financial compensation from the at-fault defendant(s).

A wrongful death lawsuit is a civil claim, meaning the case does not involve criminal allegations against the defendant(s). A wrongful death claim will not result in jail time or criminal fines with a conviction like a criminal case can.

Mass Tort and Complex Wrongful Death Claims

Wrongful death lawsuits in California can arise not only from accidents, but also from events involving multiple victims and defendants—commonly referred to as mass torts. Our wrongful death law firm is experienced in the following types of mass tort cases:

  • Defective products: Including hazardous consumer goods, faulty appliances, or unsafe motor vehicles.
  • Transportation disasters: Such as large-scale aviation accidents or commercial vehicle crashes.
  • Dangerous pharmaceuticals or medical devices: Fatalities from harmful or recalled medications and unsafe medical equipment.
  • Environmental or industrial incidents: Exposure to toxic chemicals, large-scale fires, or industrial accidents can devastate entire communities.

Cause of California Wrongful Death Claims

Government statistics cite several common causes of wrongful death, including accidents, medical malpractice, defective products, and more. 

Some of the leading causes of California wrongful death claims include:

  • Auto Accidents: Traffic crashes are California's most common cause of wrongful death. Contributing factors can include speeding, drunk driving, distracted driving, and reckless driving.
  • Aviation Accidents: Crashes involving planes or helicopters are generally caused by pilot error, design and/or manufacturing defects, or maintenance failures.  
  • Truck Crashes: Trucks can weigh up to 80,000 pounds, which makes them deadly in a crash. Common causes of truck crashes include speeding, driver inattention, and fatigue. 
  • Medical Malpractice: Occurs when healthcare professionals or medical institutions are negligent and fail to meet the appropriate standard of care, resulting in harm to the patient. This includes surgical mistakes, incorrect prescriptions, misdiagnosis or delayed diagnosis, and other failures. 
  • Workplace Accidents: Fatalities can occur in various workplace settings, especially in industries like construction, manufacturing, and farming. Common causes include falls from heights, equipment malfunctions, exposure to hazardous substances, and lack of proper safety measures.
  • Defective Products: Occurs when defectively designed or manufactured products cause fatal injuries. These cases include anything from automobile defects to unsafe pharmaceuticals. 
  • Premises Liability: Wrongful death claims can arise from unsafe conditions on someone else's property. Common cases involve slip-and-fall accidents, drowning in unsecured swimming pools, fires, or exposure to toxic substances.
  • Nursing Home Negligence and Abuse: Elderly individuals residing in nursing homes may suffer from neglect or abuse, leading to wrongful death claims. Common allegations in these types of cases include failing to provide necessary medical care, physical abuse, or lack of proper supervision.

Compensation for a Wrongful Death Lawsuit

A common question among people considering suing for wrongful death: “Is it worth it?” This is an understandable question. While no amount of money will bring back the family member you lost, you should not be burdened with the financial fallout that comes from losing someone due to another’s negligence or misdeeds.

While each wrongful death case is different, and attorneys cannot make guarantees concerning the value of a case, below are some of the damages that may be available for a wrongful death lawsuit in California include:

  • Medical expenses of the deceased
  • Funeral and burial expenses
  • Estate administration expenses
  • Loss of the decedent’s expected income
  • Loss of inheritance or gifts that heirs expected to receive from the deceased
  • Loss of value of household services from the deceased
  • Lost companionship, care, comfort, support, and guidance from the deceased
  • Loss of love and companionship from the deceased
  • The decedent’s fear, pain, and suffering

As you can see, a wrongful death payout can reach millions depending on the damages alleged in the lawsuit. Your attorney will have a better idea of how much compensation you may receive after a thorough investigation is conducted. 

Wrongful Death Settlement Examples

At Wisner Baum, we have secured justice and compensation for thousands of clients in wrongful death lawsuits. Some of our wrongful death verdicts and settlements are listed below:

How to Find the Best California Wrongful Death Lawyer

Finding the best wrongful death attorney for your case can be a challenge. Do you hire a California law firm? Or does a larger nationwide firm make more sense? What about someone who comes highly recommended by friends but lacks experience in this type of case? 

To help in making this important decision, below are some important factors to consider when searching for the best wrongful death lawyer for your case. 

Seek Referrals from Family, Friends, and Colleagues. 

It is a good idea to start your search for an attorney with word-of-mouth referrals. Ask friends and family if they have good legal contacts. Even if the attorney they recommend does not handle wrongful death claims, they may know of a colleague with appropriate experience and success. 

Use Online Legal Resources

Third-party legal sites like Avvo, Bestlawyers.com, Lawyers.com, and Findlaw.com make it easy to create a list of qualified attorneys who take wrongful death cases. 

Check Experience and Qualifications

Once you have a good list of lawyers, you can begin researching them for some background. Look to see how long they have been in practice, and how long they have been litigating wrongful death cases. 

Read Client Reviews

Past clients offer insight into what your experience might be if you hire an attorney. Do they have good reviews on Google or Yelp? Do they have a lot of reviews? Hiring an attorney who does not have good reviews can be risky. 

Review Case Results

This is crucial: any attorney you hire should be able to demonstrate proven results in wrongful death lawsuits. While it may be true that most civil cases culminate in private out-of-court settlements, the attorney should still be able to showcase some of their case results for potential clients. 

Verify Trial Experience

It is good for an attorney to have a list of successful wrongful death settlements they can point to, but it is also important for the attorney to have trial experience. Why? Even if your case is likely to be settled, an attorney with trial experience and some significant jury verdicts will give the defense something to think about: do they really want to risk losing big at trial? A proven litigator in the courtroom can only help improve your chances for a successful outcome. 

Schedule Free Case Consultations

Notice we used the plural “consultations.” You should speak with more than one attorney so you can compare and contrast. Remember, these initial consults are free, so you should take advantage and interview as many attorneys as you feel is necessary to make the best possible choice. 

Be Prepared

You should have questions prepared in advance to ask potential wrongful death attorneys. Here are some important questions you should ask the attorneys you speak with:

  • What experience does the lawyer have litigating wrongful death cases?
  • What results in cases similar to yours can they share?
  • What is their trial experience?
  • What would the fee structure be?
  • How often does the attorney’s legal team communicate with clients during litigation?
  • How long will the case take?

Communication Skills

Wrongful death cases can take months or longer to resolve. Working closely with an attorney for that long, you should have a good rapport with them. During your early conversations, ask yourself whether the attorney or paralegal communicates with you clearly and makes you feel comfortable. 

Local vs. National 

It is natural to wonder whether the wrongful death lawyer you hire should be local. We understand that clients may feel more comfortable hiring locally (we discuss this topic in more detail below). However, we do not believe location matters as much as other characteristics when choosing a wrongful death attorney for your case. We believe that comfort level with the attorney, experience, case results, and past client reviews matters more than where a law firm is located.   

Sign the Fee Agreement

Once you have spoken with a handful of lawyers, review each lawyer’s qualifications, fee structures, and your level of comfort with them. When it comes down to it, go with your gut and select the attorney you believe is the most competent and with whom you have a good rapport. Once you sign our fee agreement (also known as a fee agreement), your wrongful death attorney will begin preparing your case. 

What to Expect After a Wrongful Death

We believe transparency can ease anxiety. Here’s a step-by-step timeline of what happens when you contact our wrongful death attorneys in California:

  1. Confidential Case Review: Our attorneys will listen to your story, answer questions, and help determine if you have a valid case.
  2. Evidence Collection & Investigation: The legal team gathers records, interviews witnesses, and works with experts to build your case.
  3. Filing Legal Claims: We file claims against all responsible parties, whether individuals, corporations, or manufacturers.
  4. Negotiation or Trial: Our wrongful death law firm will negotiate for the best possible settlement or represent you in court if necessary.
  5. Compensation or Settlement: If we are successful, you may receive compensation for funeral costs, lost income, pain and suffering, and more.
  6. Throughout the entire process: We handle all legal burdens so you can focus on healing.

A wrongful death settlement can provide much-needed financial support after a loss—covering funeral costs, lost income, pain and suffering, loss of companionship, and more. Wisner Baum’s wrongful death attorneys have recovered over $4 billion for clients, including many large, complex cases against major corporations.

FREE CASE EVALUATION | CALIFORNIA WRONGFUL DEATH LAWYERS

Wisner Baum is a California based law firm representing thousands of clients across a broad range of practice areas. Since 1985, we have obtained more than $4 billion in verdicts and settlements for clients, including those who lost family members. 

You deserve an attorney with the experience, resources, and proven results necessary to obtain full and fair compensation. At Wisner Baum, our goal in every case is to earn maximum compensation on your behalf and hold the responsible party accountable for the devastating harm they caused you and your family.

With offices throughout California, our wrongful death lawyers offer free and confidential case evaluations. Reach out to Wisner Baum to get started on your wrongful death claims.

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Case Results
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More Successful Results
$2.0 Billion Verdict
Personal Injury
In May of 2019, the jury in the case of Pilliod et al. v, Monsanto Company ordered the agrochemical giant to pay $2.055 billion in damages to the plaintiffs, Alva and Alberta Pilliod, a Bay Area couple in their 70s. R. Brent Wisner served as co-lead trial attorney for the Pilliods, delivering the opening and closing statements and cross-examining several of Monsanto’s experts. Wisner Baum managing shareholder, Michael Baum and attorney Pedram Esfandiary also served on the trial team in the Pilliod case. The judge later reduced their award to $87M. Monsanto appealed the Pilliod’s verdict which the California Court of Appeal for the First Appellate District denied on August 9, 2021. Monsanto then requested the California Supreme Court review the appeal’s court decision, which the court denied on Nov. 17, 2021. Monsanto (Bayer) then submitted a petition for a writ of certiorari with the U.S. Supreme Court which SCOTUS denied on June 27, 2022, allowing the final judgment of $87M to remain intact.
In May of 2019, the jury in the case of Pilliod et al. v, Monsanto Company ordered the agrochemical giant to pay $2.055 billion in damages to the plaintiffs, Alva and Alberta Pilliod, a Bay Area couple in their 70s. R. Brent Wisner served as co-lead trial attorney for the Pilliods, delivering the opening and closing statements and cross-examining several of Monsanto’s experts. Wisner Baum managing shareholder, Michael Baum and attorney Pedram Esfandiary also served on the trial team in the Pilliod case. The judge later reduced their award to $87M. Monsanto appealed the Pilliod’s verdict which the California Court of Appeal for the First Appellate District denied on August 9, 2021. Monsanto then requested the California Supreme Court review the appeal’s court decision, which the court denied on Nov. 17, 2021. Monsanto (Bayer) then submitted a petition for a writ of certiorari with the U.S. Supreme Court which SCOTUS denied on June 27, 2022, allowing the final judgment of $87M to remain intact.
Continue Reading
$2.0 Billion Verdict
Personal Injury

In May of 2019, the jury in the case of Pilliod et al. v, Monsanto Company ordered the agrochemical giant to pay $2.055 billion in damages to the plaintiffs, Alva and Alberta Pilliod, a Bay Area couple in their 70s. R. Brent Wisner served as co-lead trial attorney for the Pilliods, delivering the opening and closing statements and cross-examining several of Monsanto’s experts. Wisner Baum managing shareholder, Michael Baum and attorney Pedram Esfandiary also served on the trial team in the Pilliod case.

The judge later reduced their award to $87M. Monsanto appealed the Pilliod’s verdict which the California Court of Appeal for the First Appellate District denied on August 9, 2021. Monsanto then requested the California Supreme Court review the appeal’s court decision, which the court denied on Nov. 17, 2021. Monsanto (Bayer) then submitted a petition for a writ of certiorari with the U.S. Supreme Court which SCOTUS denied on June 27, 2022, allowing the final judgment of $87M to remain intact.

$289.2 Million Verdict
Personal Injury
$289.2 million jury verdict in Monsanto Roundup trial Wisner Baum co-represented Dewayne “Lee” Johnson in the first Roundup cancer lawsuit to proceed to trial. On Aug. 10, 2018, a San Francisco jury ordered Monsanto to pay $39.25 million in compensatory damages and $250 million in punitive damages to Mr. Johnson, a former groundskeeper who alleged exposure to Monsanto’s herbicides caused him to develop terminal non-Hodgkin lymphoma. Months after the jury verdict, the judge overseeing the trial reduced the punitive damages to $39.25 million. Mr. Johnson decided to accept the remittitur, bringing the adjusted amount awarded to Mr. Johnson $78.5 million. Monsanto (Bayer) appealed the verdict and Johnson cross appealed. On July 20, 2020, the First Circuit Court of Appeals upheld the verdict against Monsanto but reduced Mr. Johnson’s award to $20.5 million. The company chose not to take the case to the U.S. Supreme Court, ending the litigation.
$289.2 million jury verdict in Monsanto Roundup trial Wisner Baum co-represented Dewayne “Lee” Johnson in the first Roundup cancer lawsuit to proceed to trial. On Aug. 10, 2018, a San Francisco jury ordered Monsanto to pay $39.25 million in compensatory damages and $250 million in punitive damages to Mr. Johnson, a former groundskeeper who alleged exposure to Monsanto’s herbicides caused him to develop terminal non-Hodgkin lymphoma. Months after the jury verdict, the judge overseeing the trial reduced the punitive damages to $39.25 million. Mr. Johnson decided to accept the remittitur, bringing the adjusted amount awarded to Mr. Johnson $78.5 million. Monsanto (Bayer) appealed the verdict and Johnson cross appealed. On July 20, 2020, the First Circuit Court of Appeals upheld the verdict against Monsanto but reduced Mr. Johnson’s award to $20.5 million. The company chose not to take the case to the U.S. Supreme Court, ending the litigation.
Continue Reading
$289.2 Million Verdict
Personal Injury

$289.2 million jury verdict in Monsanto Roundup trial

Wisner Baum co-represented Dewayne “Lee” Johnson in the first Roundup cancer lawsuit to proceed to trial. On Aug. 10, 2018, a San Francisco jury ordered Monsanto to pay $39.25 million in compensatory damages and $250 million in punitive damages to Mr. Johnson, a former groundskeeper who alleged exposure to Monsanto’s herbicides caused him to develop terminal non-Hodgkin lymphoma.

Months after the jury verdict, the judge overseeing the trial reduced the punitive damages to $39.25 million. Mr. Johnson decided to accept the remittitur, bringing the adjusted amount awarded to Mr. Johnson $78.5 million.

Monsanto (Bayer) appealed the verdict and Johnson cross appealed. On July 20, 2020, the First Circuit Court of Appeals upheld the verdict against Monsanto but reduced Mr. Johnson’s award to $20.5 million. The company chose not to take the case to the U.S. Supreme Court, ending the litigation.

$265 Million Settlement
Fatal Train Crash
In 2016, Wisner Baum attorney Timothy A. Loranger and six other attorneys in the Plaintiffs’ Management Committee were able to secure a $265 million settlement for victims of the 2015 Amtrak 188 derailment in Philadelphia, one of the largest in the U.S. for 2016.
In 2016, Wisner Baum attorney Timothy A. Loranger and six other attorneys in the Plaintiffs’ Management Committee were able to secure a $265 million settlement for victims of the 2015 Amtrak 188 derailment in Philadelphia, one of the largest in the U.S. for 2016.
Continue Reading
$265 Million Settlement
Fatal Train Crash

In 2016, Wisner Baum attorney Timothy A. Loranger and six other attorneys in the Plaintiffs’ Management Committee were able to secure a $265 million settlement for victims of the 2015 Amtrak 188 derailment in Philadelphia, one of the largest in the U.S. for 2016.

Wrongful Death FAQs

A civil wrongful death claim is a type of lawsuit brought against a person or entity allegedly responsible for negligently, recklessly, or intentionally causing someone's death. A wrongful death claim is typically filed by surviving family members or the deceased person's estate. The goal of the claim is to obtain monetary compensation for the losses incurred by the survivors as a result of their loved one’s death.

California law allows specific individuals the legal standing to file a wrongful death lawsuit. According to the California Code of Civil Procedure Section 377.60, the following individuals are generally eligible to sue for wrongful death:

  1. Surviving spouse or domestic partner
  2. Surviving children

If the decedent’s spouse and children are also deceased, surviving grandchildren, other dependent minors, parents, or siblings may be able to pursue a wrongful death claim. 

A wrongful death lawsuit is a civil matter, not a criminal one. Its purpose is to compensate the family for their losses, not to punish the wrongdoer with jail time or criminal fines. While a criminal trial requires proof "beyond a reasonable doubt," a wrongful death lawsuit only requires a "preponderance of the evidence," meaning it's more likely than not that the defendant's actions caused the death. This is why a wrongful death lawsuit can be successful even if no criminal charges are filed or a defendant is acquitted.

The "one action rule" in California wrongful death cases means that all potential claimants must join together in a single lawsuit against the defendant. This rule is designed to prevent multiple lawsuits related to the same death. All family members or representatives with the legal right to sue must be included in the initial filing, even if some choose not to participate actively. 

The key points to the California one action rule:

  • All known heirs must be included in a California wrongful death lawsuit.
  • Any settlement or verdict will be awarded to the entire family.
  • The family must decide how to divide the settlement or verdict. If they cannot do so, they may need to return to court to get help to determine how to split compensation. 
  • If any heirs are unknowingly excluded from the claim for wrongful death, they may still have legal standing to compensation awarded to the family.

We understand that the California one action rule can be confusing. That’s why hiring an experienced lawyer with a proven track record in wrongful death claims is necessary to obtain the justice and compensation your family deserves. A good lawyer will plan accordingly from the start of the case to help ensure that the heirs agree on dividing any judgment to avoid the legal hurdles and added cost of continued litigation. 

To win a wrongful death lawsuit, you generally need to prove four elements of negligence:

  1. Duty of Care: The defendant owed a legal duty of care to your loved one.
  2. Breach of Duty: The defendant breached that duty through a careless or reckless act.
  3. Causation: This breach directly caused your loved one's death.
  4. Damages: The death resulted in specific, quantifiable losses for the survivors. There may also be cases of "strict liability," especially in defective product claims, where you don't need to prove negligence but rather that the product itself was unreasonably dangerous.

Yes. If a defective or dangerous product causes a fatality, you may be able to file a wrongful death lawsuit against the manufacturer, distributor, or retailer. These cases often fall under the legal area of "product liability." Companies can be held accountable for deaths caused by a design flaw, a manufacturing defect, or a failure to provide adequate warnings about the product's risks.

Yes. If your loved one’s death was part of a larger event that affected multiple victims—such as a plane crash, a dangerous drug, or a toxic chemical exposure—your wrongful death claim may be part of a mass tort. In a mass tort, individual lawsuits are grouped together for efficiency, but each family’s case is still treated individually. This allows you to pool resources with other plaintiffs while still receiving compensation based on your unique losses.

In California, a legal principle called the "one action rule" requires all potential claimants to join together in a single lawsuit. This rule is designed to prevent multiple lawsuits over the same death. All family members with the legal right to sue must be included in the initial filing, and any resulting settlement or verdict is awarded to the family as a whole. The family must then agree on how to divide the compensation. An experienced lawyer can help all parties navigate this process to ensure a fair and equitable outcome.

In California, the statute of limitations for a wrongful death claim is generally two years. This means that you have two years from the date of the loved one’s death to file a lawsuit. If you do not file your claim within this period, you may lose your right to seek compensation through the courts. 

However, California law does allow certain exceptions or special circumstances to alter when the clock starts ticking on the statute of limitations. We recommend consulting with a wrongful death attorney as soon as possible to understand how the law applies to your situation.

In a best-case scenario where liability is not disputed, negotiations generally center on a fair compensation amount, and a settlement may be reached even before a wrongful death lawsuit is filed. Unfortunately, most cases are disputed, and while some cases are resolved before lawyers file a complaint, it is more common that a lawsuit must be filed in order to ultimately obtain reasonable compensation. 

After the lawsuit is filed, the case may take months, and in some cases years, to resolve. Some wrongful death cases will not end in a settlement at all, and the case must be presented to a jury.

Once your attorney has conducted a full investigation, he or she will better understand how long your case will take.

While it's a common fear, most wrongful death lawsuits are settled out of court. Trials can be expensive, time-consuming, and emotionally draining, so both sides often prefer to reach a settlement. However, if the responsible party refuses to offer fair compensation, your attorney may advise taking the case to a jury to get the justice your family deserves. An experienced trial attorney can help you navigate either path.

You do not necessarily need to hire an attorney who is physically located near you. The most important factors in choosing a lawyer are their experience, proven track record, and communication style. While a local attorney may have some familiarity with local courts, a firm with a national reputation for handling complex, large-scale cases can bring unparalleled resources and expertise to your claim.

When companies choose profit over people, we fight. Wisner Baum exposes injustice, demands accountability, and delivers real results for real people. Your Path to Justice Starts Here.
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The information on this website is for general information purposes only. Nothing on this site should be taken as advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute a client relationship.
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