Wrongful Death Lawyers
Wrongful Death Lawsuits
Losing a loved one can be one of the most difficult and painful tragedies one can experience. When the death is caused by another person’s negligence, such as during a sudden accident or by a defective product, the loss can be especially tragic. Surviving family members can suffer tremendous hardships due to loss of physical, financial and emotional support. Although no amount of compensation can bring a loved one back, a wrongful death action can help dependent family members survive financially, make necessary household adjustments, and bring closure to a tragic event.
Bringing a wrongful death suit against another individual, company or government agency for the harm they have caused is no easy task. Each state has its own wrongful death statutes with strict filing deadlines and complicated rules regarding recoverable damages. That is why it’s important to contact an experienced wrongful death attorney to help.
Robinson Calcagnie, Inc. has built a national reputation for representing the survivors of those who have lost close family members due to another person’s negligence or other wrongdoing. Many of our clients have lost loved ones in motor vehicle and workplace accidents, or as a result of defective auto parts or dangerous prescription drugs.
Robinson Calcagnie, Inc. Has Recovered Substantial Amounts for Survivors
For more than three decades, our wrongful death lawyers have litigated numerous cases that resulted in multimillion-dollar settlements, verdicts and judgments on behalf of clients, including the following:
$3.5 Million Settlement in Donovan v. QMC, et al.
In May 2012, 60-year-old William Donovan – a devoted husband, father of two, and dedicated educator – tragically lost his life in an avoidable auto accident. While Mr. Donovan was driving on the freeway (Route 55) in Santa Ana, California, a 12” x 12” aluminum front outrigger pad broke loose from a truck mounted crane driving ahead of him. The airborne pad pierced Mr. Donovan’s front window, fatally striking him in the head. Mr. Donovan’s wife retained Robinson Calcagnie, Inc. to represent her in a lawsuit brought against the responsible parties. After an intensive investigation, the case settled for $3.5 million.
Confidential Settlement in Jackson, et al. v. BCI Coca-Cola Bottling Co., et al.
In February 2009, four young adults lost their lives in the early morning of Super Bowl Sunday in a fiery car crash in Colton, California. The Plaintiffs were driving on Highway 215 when their vehicle – a Chevy Cavalier –stalled and came to a stop in the number three lane. A Coca-Cola employee, who was driving his Toyota 4Runner at a high speed en route to set up a store display, failed to yield in a timely manner and rear-ended the Cavalier. The Cavalier’s fuel tank ruptured on impact, spreading flames and smoke into the cab causing the four occupants to suffer fatal burns. Robinson Calcagnie, Inc. represented the decedents’ surviving family members in a lawsuit that alleged the defendants were negligent and responsible for the deaths. A confidential settlement was ultimately reached between the parties.
Can I File a Wrongful Death Lawsuit?
When an individual dies due to the fault of someone else, the representative of the decedent’s estate, or a financially dependent survivor, may file a wrongful death lawsuit against the responsible party. The lawsuit is generally filed by a close family member or legal heir of the decedent on behalf of other dependent survivors to recover damages resulting from the death. In a wrongful death lawsuit, the plaintiff (person filing) must prove that the defendant’s action was a direct cause of the death in order to recover damages. In many cases, there are multiple defendants.
In California, state law allows the following survivors to file a wrongful death claim:
- The decedent’s surviving spouse, domestic partner, children or successor of the estate;
- A putative spouse (cohabitated with, but not legally married to the decedent) or children of the putative spouse; or
- Stepchildren or parents who were financially dependent on the decedent.
What Type of Damages Can Be Claimed in a Wrongful Death Action?
A wrongful death claim helps recover economic and non-economic damages based on the decedent’s life expectancy. In California, punitive damages are allowed only in certain circumstances.
Dependent survivors may seek the following damages in a wrongful death suit:
- Loss of financial support from the decedent;
- Funeral and burial expenses;
- Loss of gifts or benefits that the plaintiff would have received from the decedent while alive;
- The value of household services that will need to be replaced by paid service;
- Loss of love, companionship, protection, care, affection and sexual cohabitation; and
- Loss of training and guidance.
Determining damages to compensate for your losses can be complicated. If you are considering filing a wrongful death claim and have questions about damages, please contact our office for a free case evaluation.
At Robinson Calcagnie, Inc., we understand the difficulties associated with losing a loved one. To help ensure our clients are provided with the support needed during this difficult time, our wrongful death attorneys build cases while maintaining open lines of communication throughout the entire litigation process. Your rights are important, but so is having peace of mind that you are receiving the highest quality and compassionate legal representation available.
Call for Your Free Consultation
If you have lost a loved one due to another party’s negligence or because of a defective product, please contact us today at (888) 348-8855 to speak to a legal representative. Our lawyers have extensive experience in this area of the law and here to help you obtain a full recovery. Case evaluations are free and confidential.