While no amount of money can make up for the loss of a loved one, a victim’s family has the option of pursuing a wrongful death claim when a family member dies as a result of the negligence or misconduct of someone else. Seeking compensation may help with the expenses and financial losses that can result from your loved one’s passing. The Marin County wrongful death lawyers at Walkup, Melodia, Kelly & Schoenberger care about your family’s well-being and wish to see those responsible held accountable for their actions.
Why Choose Us
- We handle all wrongful death cases on a contingency fee basis. Only when we successfully hold the liable party responsible, will we accept legal fees.
- We have represented families in wrongful death cases for almost 60 years.
- Since 1959, our Marin County personal injury lawyers have secured over $1 billion in compensation for our clients.
Noteworthy Case Results
Listed here are a sample of the noteworthy case results we have obtained for our clients:
- $52M Jury Verdict: Propane Explosion Causing Wrongful Death & Personal Injury
- $10M Settlement: United Rentals Industrial Machine Failure Causing Wrongful Death
- $7.36M Jury Verdict: Car Accident Causing Wrongful Death
- $5.65M Settlement: Anesthesia Overdose Causing Wrongful Death
- $5.5M Settlement: Motor Home Manufacturer Product Defect Causing Wrongful Death
- $5.25M Settlement: Family v. Motor Home Retailer – Mismatched Car and Trailer Causing Wrongful Death
- $3.3M Settlement: Airline Crash Causing Wrongful Death
- $3.25M Settlement: Cardiac Malpractice Causing Wrongful Death
- $3.2M Settlement: Bell Helicopter Crash Causing Wrongful Death
- $3M Jury Verdict: Failure to Diagnose Skull Fracture Causing Wrongful Death
- $2.25M Settlement: Parents v. Municipality – Drowning Causing Wrongful Death
- $2M Settlement: Alaska Airlines Commercial Air Crash Causing Wrongful Death
- $2M Settlement: Construction Worker Site Fall Causing Wrongful Death
Who Can File a Wrongful Death Lawsuit in Marin County?
The following people, who are listed in the state’s California Code of Civil Procedure section 337.60, have the ability to file a wrongful death lawsuit in Marin County:
- Surviving spouse
- Domestic partner of the deceased
- Surviving children
COV 337.60 also states that, “if there is no surviving issue of the decedent, the persons, including the surviving spouse or domestic partner, who would be entitled to the property of the decedent by intestate succession” may file. The people this section of the law if referring to includes dependents, parents, stepchildren, or putative spouse and putative children. “‘Putative spouse’ means the surviving spouse of a void or voidable marriage who is found by the court to have believed in good faith that the marriage to the decedent was valid.”
How Do I Know if I Can File a Wrongful Death Claim?
A wrongful death claim is applicable when a victim is killed by negligent or intentionally harmful actions. While it is impossible to list all possible situations in which a wrongful death claim may be filed, these are a few possible scenarios:
- A person who intentionally killed or murdered the deceased
- A doctor who committed malpractice by failing to diagnose a terminal condition, or a doctor’s negligent actions wrongfully killed a patient during surgery
- Person responsible for causing a fatal car accident
- Employer who failed to provide training or safety gear
When determining how much a wrongful death claim is worth, a variety of factors are considered placed, such as: the victim’s age and health, the situation which caused the death, the amount of suffering the deceased endured prior to death, the loss of income, the decedent’s earning capacity, medical bills, and burial and funeral expenses.
What is the Statute of Limitations for Wrongful Death Claims in California?
There are at least three applicable statute of limitations laws, that determine the time periods in which families of wrongful death victims have to file a claim in California:
- 2 Years: Most wrongful death claims must be filed within two years of the death. (Calif. Code of Civil Procedure, Sect. 335.1)
- 3 Years: Medical malpractice wrongful death lawsuits have three years from the date of death or one year after the plaintiff discovers or through the use of reasonable diligence should have discovered the cause of death, whichever occurs first. (Calif. Code of Civil Procedure, Sect. 340.5)
- 6 months: When a government entity is liable for a wrongful death. (California Government Code section 905 and section 911.2)
A Marin County wrongful death attorney will be adept at advising you of which route is best for pursuing compensation.
Contact Our Wrongful Death Lawyers
Our law firm understands what a sensitive and difficult time this is for your family. We wish to advocate for your loved one and resolve your legal issues as swiftly as possible. Call the Marin County wrongful death attorneys at Walkup, Melodia, Kelly & Schoenberger or contact us online today, we offer free and confidential case evaluations.