Wrongful Death Attorney in Visalia
Serving California Workers Since 1956. Guiding Families After Wrongful Death.
Losing a loved one unexpectedly is painful and disorienting, especially when the loss results from another person’s negligence. At Ghitterman, Ghitterman & Feld, we’ve advocated for California workers since 1956 and maintain eight offices across the state.
In the aftermath, your family may face mounting bills and confusing insurance communications. A California wrongful death claim is a civil action brought by eligible survivors based on the wrongful act or neglect of another person or entity. It is separate from any criminal prosecution and seeks compensation for eligible survivors’ losses.
Request a free consultation with our team by calling (805) 243-2179. Tell us what happened, and we can explain how we can evaluate the claim and any related workplace benefits.
What Causes Wrongful Death?
Potential liability depends on evidence of a wrongful act or neglect, causation, and legally recognized damages. We investigate the circumstances to identify potentially responsible parties.
Wrongful death can occur due to:
- Car accidents
- Motorcycle accidents
- Truck accidents
- Workplace accidents
- Defective products
- Premises liability incidents
- Medical malpractice
When a fatality involves the workplace, we can evaluate whether workers’ compensation, Social Security Disability, or other benefit issues apply alongside a civil claim.
Who Is Eligible to File a Wrongful Death Claim in California?
California Code of Civil Procedure section 377.60 establishes who may bring a wrongful death action. Eligibility can depend on family relationships, financial dependency, intestate succession rules, and the specific facts of the case.
Categories of eligible claimants can include:
- Surviving spouse or domestic partner
- Children
- Heirs or other dependents, depending on the circumstances
Sorting through these complex statutory layers can be overwhelming while you are grieving. We clarify who may have the legal right to move forward and coordinate a single, unified action on behalf of all eligible beneficiaries. The legal right to sue and the distribution of any recovery are related but distinct questions, and we can help your family understand both.
What Damages Are Available in Wrongful Death Claims?
Under California law, a wrongful death claim may seek compensation for the economic costs and long-term personal losses eligible survivors face. The available damages depend on the evidence, each claimant’s relationship to the deceased, and the legal theory involved.
Wrongful death damages for eligible survivors may include:
- Funeral and burial expenses
- Lost financial support
- The value of household services
- Loss of care, comfort, companionship, guidance, or protection
Medical expenses and other losses incurred before death may be addressed through a separate survival action brought on behalf of the estate, rather than through the survivors’ wrongful death claim. The availability of pre-death pain and suffering damages in survival actions depends on current law and the facts of the case. We gather financial records, employment histories, and related documentation to assess both immediate expenses and long-term financial losses.
How a Wrongful Death Investigation Works
Building a wrongful death claim requires assembling evidence before it disappears. A thorough investigation can involve accident and police records, witness information, medical records, employment records, photographs, physical evidence, and communications with insurance companies. Responsible parties may include an individual, employer, property owner, manufacturer, healthcare provider, or government entity, depending on the facts. Claims involving a government entity can carry separate administrative notice requirements and shorter deadlines than the standard civil filing deadline.
We investigate each case diligently and review details that may affect liability or damages. When the facts of a workplace fatality support it, we also evaluate potential workers’ compensation, Social Security Disability, and Subsequent Injuries Benefits Trust Fund benefits alongside the civil claim. We work on a contingency basis, which means you won’t owe legal fees unless we recover compensation for your family.
Why Families Choose Ghitterman, Ghitterman & Feld
When choosing counsel, consider the team’s experience with the type of fatal incident, investigation resources, communication practices, and fee arrangement.
Families choose our firm for:
- Service since 1956: We have advocated for California workers since 1956.
- Workplace knowledge: Our experience includes agriculture, industrial settings, trucking, and oil-industry work.
- Detailed investigations: We examine evidence carefully to identify responsible parties and document legally recognized losses.
- Contingency representation: You won’t owe legal fees unless we recover compensation for your family.
- Positive client experiences: Read what clients say about their experience with our firm.
Frequently Asked Questions
What Is California’s Wrongful Death Statute of Limitations?
California courts generally recognize a two-year deadline for wrongful death actions, running from the date of the decedent’s death. However, the applicable deadline can vary based on the facts. Claims involving medical malpractice or a government entity may be subject to different notice requirements or shorter filing windows, and certain circumstances can toll or extend the period. Because missing the deadline can bar your family’s claim entirely, it’s important to speak with a wrongful death attorney in Visalia as early as possible to understand the rules that apply to your situation.
What If My Deceased Loved One Was Partially at Fault?
California follows a pure comparative fault system, which means a claimant’s recovery can be reduced in proportion to the deceased’s assigned share of fault, but a claim is not automatically barred because the deceased bore some responsibility. The actual effect on your family’s recovery depends on the specific claims, parties, and damages involved. For example, if total damages are valued at $100,000 and the deceased is found 30 percent at fault, the recoverable damages could be reduced to $70,000. How comparative fault applies to each claimant and each category of damages is a fact-specific determination, and we can help your family evaluate what it means for your case.
Talk with Our Team About Your Family’s Options
Please reach out to us to discuss your family’s options. We offer free consultations and work on a contingency basis, so you won’t owe legal fees unless we recover compensation for your family. Call us today at (805) 243-2179.
