Do I Have a Case?

Wrongful Death Lawyers

Helping Victims' Families Since 1959

Types of Cases:

• Fatal Auto Collisions
• Medical Malpractice
• Deadly fires and Explosions
• Children's Deaths
• Aviation Crashes
• SUV Rollovers
• Nursing Home Deaths
• Kaiser Hospital Negligence
• Fatal Drug Reactions
• Big Rig collisions
• Dangerous toys
• Property Owner Wrongdoing
• Defective Automobiles
• Lethal Medical Products
• Machine Failures
• Toxic Household Products
• Scaffold Falls
• Poisonous Chemicals
• Government Liability
• Police Misconduct

When a family member or domestic partner is killed through the negligence, fault or carelessness of others, survivors must analyze whether they have right of action against the wrongdoers. If you have a question about whether you have a case, contact the wrongful death lawyers at Walkup, Melodia, Kelly & Schoenberger for an evaluation of your family's situation.

Who or what is responsible for the death?

Individuals, businesses corporations and government entities can all be liable for wrongful death damages if their malfeasance causes the killing of a person. Patients in hospitals, motorists on highways and consumers using products are all potentially at risk for injury or death if others who are required to use reasonable care fail to do so. If an insurance company is liable for accident damages, they carry the liability for wrongful death. If a corporation produced and sold a product that caused or contributed to the death, that entity is responsible. If a government agency or a hospital caused the death, that entity may be held liable.

In some cases, two or more parties may be held responsible and liable for a wrongful death. Talk to the fatal accident lawyers at the Walkup, Melodia, Kelly & Schoenberger wrongful death law firm about your specific case.

Who has the right to sue under wrongful death laws?

Generally speaking, any relative who would inherit under a state's probate code can file a wrongful death lawsuit. A husband or wife, son or daughter, father or mother may be eligible for wrongful death damages. In California, registered domestic partners are eligible.

In California, the operative statute is Code of Civil Procedure §377.60. It permits a wrongful death plaintiff to recover damages that "under all the circumstances of the case, may be just." (Code of Civil Procedure §377.61.) Code of Civil Procedure §377.60 lists all of the persons who are entitled to recover wrongful death damages. These persons include a surviving spouse, a domestic partner, children and minors who, at the time of a person's death, resided with the deceased for the prior six months and were dependent on the deceased for at least half of their support.

Under the statute, more than one person can be a qualified survivor entitled to participate in pursuing wrongful death damages.

Qualified survivors are entitled to recover damages for all of the detriment which is certain to result in the future. Such benefits include the value of future contributions, lost financial support, love, care, comfort, society, advice, training and guidance and/or personal service.

If you have questions about who is eligible for wrongful death damages when a loved one dies, contact us for a free consultation.

For more information about wrongful death lawsuits, see our Wrongful Death FAQ.

Contact our team of experienced, compassionate and respected wrongful death lawyers today. Make an appointment for a free consultation. toll-free 1.888.732.8897.

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The wrongful death attorneys at Walkup, Melodia, Kelly & Schoenberger represent the families of wrongful death victims in California and Nevada including the cities of San Jose, Sacramento, Oakland, San Francisco, Santa Rosa, Fresno, San Mateo, Walnut Creek, Concord, San Rafael, Napa, Redwood City, Stockton, Modesto, Los Angeles, San Diego, Reno, Las Vegas, Elko, Carson City, and Tahoe.