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.
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.
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.
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:
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:
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:
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.
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:
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.
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.
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.
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.
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.
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.
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.
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.
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:
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.
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.
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.
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:
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.
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.
"Wisner Baum gave exceptional attention to all aspects of the case, detailed inquiry, and tenacious overview of all the information submitted. The paralegals are efficient and diligent. I was completely surprised to find an empathic personal message to take care of my own health during the challenging time of being a full-time caretaker.*"
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 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.
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.
