Baum Hedlund Aristei & Goldman changed its name to Wisner Baum in January 2023.

Wrongful Death

Wrongful Death Attorneys

Providing Compassionate Counsel for Your Family

No one is ever fully prepared to cope with the loss of a loved one. The days and weeks that follow can be the most trying times of your life, especially if your loved one’s death was the result of negligence or misconduct. Under these circumstances, you may be entitled to compensation and receive the justice that you and your family deserve by filing a wrongful death lawsuit.

What is a Wrongful Death Lawsuit?

A death is classified as a wrongful death when a person is killed because of another party’s negligence or misconduct. Those who were dependent on or were a beneficiary of the deceased may be entitled to damages.

Every state in the country has some form of wrongful death law with varying degrees of complexity. In the immediate aftermath of a death, a wrongful death lawsuit may not seem like a pressing matter. But unfortunately, if a wrongful death lawsuit isn’t filed within a specific time period, you and your family could risk losing your right to compensation for your damages.

If you believe you have a wrongful death claim, we encourage you to contact our wrongful death attorneys at Wisner Baumat (855) 948-5098 or online.

Common Types of Wrongful Death Claims

Damages from Wrongful Death Claims

Damages stemming from a wrongful death lawsuit fall into two broad categories. The first are damages experienced from the moment the negligent action occurred until the time of death. In a truck accident, for example, this category of damages would cover the time from the start of the accident until the victim is pronounced dead of his or her catastrophic injuries. Medical expenses, the victim’s pain and suffering, lost wages, funeral and burial expenses would all fall into this category.

The second category of damages stemming from a wrongful death covers financial losses experienced by the victim’s dependents and/or beneficiaries. This includes projected future earnings from the time of the accident until the victim’s anticipated retirement.

In addition to the loss of income and support, often the largest aspect of a client’s recovery is for personal losses. The particular items of recovery vary from state to state, but where authorized by the law of the state where the lawsuit is filed, we generally seek compensation for each surviving heir’s grief, mental suffering, and loss of the decedent’s comfort, society, love, affection and companionship.

Why Hire a Wrongful Death Attorney?

Although it can seem overwhelming to think about filing a wrongful death lawsuit after the loss of a loved one, hiring an experienced wrongful death attorney will allow you to focus your energy on the healing process. It is also the most effective way to hold any responsible parties accountable for the wrongful death and ensure that you and your family are awarded fair compensation. The defense attorneys are already working very hard to protect their clients’ interests, so the sooner you get a proven and established team on your side, the better off you’ll be.

Your Wrongful Death Rights Explained

When you hire wrongful death attorneys, you are hiring a law firm that will act as a team working closely with you and your family for some time to come. You should hire a firm with whom you feel comfortable because they will be guiding you and your family through a difficult time. The firm should be one which has been there before and knows the ropes – one that has successfully handled many similar cases. That firm must also be able to bear all of the considerable up-front costs necessary for the team of lawyers, paralegals, clerks and experts necessary to prepare and successfully litigate your case.

There are several actions a wrongful death law firm must accomplish as soon as it begins working on the case:

  • Ensure that the Personal Representative for the estate has been appointed and that the probate estate has been opened whenever required
  • Determine which individual and/or entity may be at fault
  • The wrongful death attorney may also have a choice as to whether to file in federal or state court, and thus is able to select the more advantageous forum.
  • Determine which “notice” provisions are required
  • Develop a discovery strategy

The respective defendants and their insurance companies will most certainly be represented by legal experts and claims adjusters with years of experience in just this area of law. They will have the research staff, nationwide databases, the ability to conduct legal research in all of the fifty states, and the financial means to vigorously defend your case for their own ends. Wisner Baum can and will, given the opportunity, level the playing field and do the same for you.

Contact our firm at (855) 948-5098 today to schedule a free consultation. We serve clients in California and nationwide.

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