Losing a loved one is one of the most challenging experiences anyone can face, especially when their death is the result of someone else’s wrongful or negligent actions. Whether from medical malpractice, a car accident, defective product, or other circumstance, the Hulburt Law Firm is here for you.
We understand the profound impact of losing a loved one and are committed to helping families recover maximum compensation for their loss. We have represented spouses, parents, children, and siblings in death cases by identifying the wrongdoers, gathering evidence, and telling their story.
Medical malpractice is the third most common cause of death in the United States.*
Throughout the process, we keep you informed, answer any questions you may have, and provide ongoing support. We limit the number of cases we take on so that we can dedicate the time and attention needed for each case.
With the Hulburt Law Firm by your side, you can focus on your recovery while knowing that your legal claims are being taken care of. If your loved one has been involved in a wrongful death, contact us today for a free case review.
Our attorneys have a proven track record of achieving extraordinary results.
A sudden tire failure caused an SUV to fishtail and crash, killing a beloved husband and father.
An improperly installed gate fell on a construction worker, killing him.
A concrete block wall fell on a construction worker, killing him.
An event producer’s negligence led to a participant’s death.
A defective airplane component caused a deadly crash.
Campus security was speeding and collided with a student’s vehicle, killing her.
During your free case review, we listen to your story, collect preliminary information, and provide an honest evaluation of your case’s strengths and potential challenges.
Once the scope of work is signed, our team gets to work conducting a thorough investigation to build a strong foundation for your case by examining the incident scene, reviewing medical records and death certificates, and interviewing witnesses.
We conduct a detailed analysis to identify all parties who may be liable for your loved one’s death, including individuals, companies, or governmental entities. This ensures that all responsible parties are held accountable.
Based on our investigation and expert collaboration, we develop a tailored legal strategy involving identifying all liable parties, determining claims, and calculating damages.
Our goal is to ensure you receive full and fair compensation for all your losses. We thoroughly assess the damages you have suffered, including medical expenses, lost wages, pain and suffering, property damage, and loss of consortium (compensation for the impact of your injuries on your relationship with your spouse or family).
If a fair settlement cannot be reached, we take your case to court. Our trial attorneys have extensive courtroom experience and are skilled at telling your story, presenting evidence and expert testimony, cross-examining witnesses, and making compelling arguments to the judge and jury.
California wrongful death law is designed to provide a legal remedy for surviving family members and dependents when a loved one dies as a result of another party’s negligent or wrongful actions. See several key points below:
Wrongful death occurs when a person dies due to the negligence, recklessness, or intentional misconduct of another party. In California, wrongful death claims can arise from a variety of circumstances, including:
In California, the following individuals are typically eligible to file a wrongful death claim:
To prevail in a wrongful death claim, the plaintiff must prove that:
A wrongful death lawsuit aims to provide financial compensation for the losses suffered by the surviving family members. This compensation may include:
California follows a "comparative fault" rule, meaning that if the deceased person was partially responsible for the incident that led to their death, the compensation awarded to the surviving family members may be reduced by the percentage of the deceased's fault.
In California, the statute of limitations for filing a wrongful death lawsuit is generally two years from the date of the deceased person's death. Failing to file within this time frame typically results in the loss of the right to pursue a claim. However, certain circumstances, such as discovery of the wrongful act at a later date, may extend the statute of limitations.
Our experienced wrongful death attorneys can guide you through the legal process and help you obtain the compensation you deserve.
Forget surface-level research and mediocre inquiries. We dive deep to conduct extensive investigations and gather evidence in order to build your strongest case.
We use technology to your advantage. By using video and photography, scene recreations, and graphics, we tell your story in a visually-compelling way that other law firms cannot match.
Defense attorneys and insurance companies know us and respect us. We assess the full extent of your damages and pursue all responsible parties in order to maximize the compensation you deserve.
Catastrophic injury and wrongful death cases are rarely simple. We have taken on the largest corporations, insurance companies, and defense firms in the country and won.
We understand how important it is to have a compassionate and considerate lawyer. From providing regular case updates to ensuring clients are adequately prepared for each step of the case, we continually demonstrate our care for all of our clients.
A wrongful death claim can be brought by the decedent’s surviving family members or personal representative of the decedent’s estate, including:
Spouses
The spouse of the deceased person may bring a wrongful death claim.
Children
The children of the deceased parent may bring a wrongful death claim.
Parents
The parents of a deceased child may bring a wrongful death claim. However, if the parents’ child is an adult with a spouse or children of their own, the parents may only bring a wrongful death claim if their deceased child provided financial support to them.
Siblings
If there are no living spouses, children, or parents, then the siblings of a deceased person may bring a wrongful death claim.
Personal Representative
The personal representative of the deceased person’s estate can bring the wrongful death claim on behalf of the survivors. The personal representative may be named in the deceased person’s will or appointed by the probate court if there is no will.
For example, if a husband and father was wrongfully killed, his wife and children would have wrongful death claims. If he provided some financial support to his parents, then they would also have wrongful death claims. If he had a will or trust that appointed a personal representative, then that representative could bring the wrongful death claims on behalf of the wife and children.
Our Hulburt Law Firm attorneys offer a free consultation and can help you determine who can bring your wrongful death claim.
The one action rule says that all claims related to a wrongful death must be brought together in a single lawsuit. This means that everyone with the right to bring a wrongful death claim must be joined in the same lawsuit. This is rarely a problem, but issues can arise when family members have divorced, moved out of state, or become estranged. For example, if a divorced couple lost a child due to wrongful death, they would both have to join in a single lawsuit. Similarly, if a father died with children from a current marriage and a child from a prior relationship who lived out of state, then all of the children would have to join in a single lawsuit.
If a family member does not want to join in the lawsuit, then that family member can be named in the lawsuit as a nominal defendant. This ensures that all family members are joined in the lawsuit in compliance with the one action rule. If a family member was omitted from the lawsuit, then that omitted family member could later sue the other family members for a portion of any recovery. Also, defendants will not settle a wrongful death case unless all of the family members are included.
At The Hulburt Law Firm, our attorneys work with you to ensure that all family members with potential wrongful death claims are accounted for.
The available damages in a wrongful death case include:
Economic Damages
Economic damages compensate you for the financial losses incurred as a result of the death. These can include:
Non-Economic Damages
Non-economic damages compensate you for the loss of your relationship with the person who died. These can include:
Like economic damages, non-economic damages also have an age-related component to them. Family members are entitled to compensation for their loss of love and companionship over the rest of their lives. Assuming a 40-year-old husband and father had a life expectancy of 86, then his wife and children would be entitled to compensation for 46 years of the loss of his love, companionship, comfort, etc.
Punitive Damages
Punitive damages are not available in a wrongful death claim. However, punitive damages are available in a survival claim.
At the Hulburt Law Firm, we retain expert economists to assist us in calculating the value of your economic damages, including the loss of financial support. Our attorneys calculate your non-economic damages based on everything we learn about the person who died and their relationships, the law, and our many years of experience handling wrongful death cases.
A survival claim is brought on behalf of the estate of a deceased person for injuries or damages that the deceased suffered before death. Unlike a wrongful death claim, which is brought by the surviving family members for their own losses resulting from the death, a survival claim seeks to recover damages that the deceased person would have been entitled to if they had survived.
Here are some key points about survival claims:
Relationship to Wrongful Death Claims
Survival claims are filed at the same time as wrongful death claims.
Successor in Interest
A survival claim is typically brought by a family member of the deceased as a successor in interest. The family member merely needs to sign a declaration stating that they are the successor in interest to the deceased person’s estate. For example, if a husband died, his wife could bring a wrongful death claim individually and a survival claim as success in interest. A survival claim can also be brought by a personal representative of the estate designated in the deceased person’s will or appointed by the probate court.
Survival Claim Damages
A survival claim allows the deceased person’s estate to pursue compensation for the harm suffered by the deceased before their death. This includes damages such as medical expenses, pre-death pain and suffering, and punitive damages.
Pre-death pain and suffering refer to the physical and emotional distress experienced by a person before their death as a result of injuries inflicted by another’s negligence, recklessness, or intentional actions. These damages are a component of a survival claim, which is brought on behalf of the deceased person’s estate to seek compensation for the harm suffered prior to death.
Here are some key points about pre-death pain and suffering in California:
Definition
Pre-death pain and suffering encompass the physical pain, discomfort, and mental anguish experienced by the deceased person as a direct result of their injuries. This can include both the immediate pain caused by the incident leading to the injuries and any ongoing suffering endured during the period between the injury and the person’s death. For example, we’ve had cases where a car flipped over and trapped the driver upside while the car caught fire and burned. One can imagine the pain and suffering that the driver endured before succumbing to his injuries. His estate was entitled to compensation for those agonizing minutes.
Recoverable Damages
Under California law, damages for pre-death pain and suffering may be recoverable in a survival claim.
Documentation and Evidence
To substantiate a claim for pre-death pain and suffering, it's essential to provide evidence demonstrating that the deceased person survived for a period of time, the extent and severity of the injuries, and the resulting pain and suffering. This evidence may include medical records, witness statements, autoposy reports, expert testimony, and other documentation.
Calculation of Damages
Calculating damages for pre-death pain and suffering involves assigning a monetary value to physical pain and emotional distress. The nature of the accident, severity of the injuries, duration of the suffering, and medical treatment received all impact the value.
The Hulburt Law Firm’s personal injury attorneys assess pre-death pain and suffering as part of every wrongful death and survival claim.
In California, the statute of limitations for bringing a wrongful death lawsuit is generally two years from the date of the decedent’s death. This means that the lawsuit must be filed within two years of the date of death to preserve the right to seek compensation for the wrongful death.
Wrongful Death Claims
If a loved one was killed in a car accident, California law generally allows you two years from the date of death to file a wrongful death lawsuit.
Survival Claims
In California, the statute of limitations for filing a survival claim is generally two years from the date of the injury or incident that led to the death.
Government Entity Claims
If the accident involves a government entity, such as a city or county, you must file an administrative claim within 6 months of the accident. (Cal. Gov. Code § 911.2.)
Consult with the Hulburt Law Firm’s personal injury lawyers to make sure you timely file your claim within the applicable time limits.
In California, wrongful deaths can occur in various situations due to the negligence, recklessness, or intentional actions of individuals, companies, or entities. Some of the most common causes of wrongful death in California include:
Car Accidents
Car accidents are a leading cause of wrongful death in California. These accidents can result from factors such as speeding, distracted driving (e.g., texting while driving), drunk driving, reckless driving, or failure to obey traffic laws.
Pedestrian and Bicycle Accidents
Pedestrians and cyclists are vulnerable road users who may suffer fatal injuries in accidents involving negligent drivers, unsafe road conditions, or defective bicycle or pedestrian infrastructure.
Construction Site Accidents
Construction workers face numerous hazards on job sites, including falls, electrocutions, being struck by objects, and machinery accidents, which can result in fatal injuries.
Premises Liability
Property owners and managers have a duty to maintain safe premises for visitors and guests. Failure to address hazards such as slippery floors, uneven walkways, inadequate lighting, or inadequate security measures can lead to fatal accidents or assaults.
Drowning and Water Accidents
California's proximity to the ocean, rivers, lakes, and pools increases the risk of drowning and water-related accidents, especially during recreational activities or boating incidents.
Defective Products
Defective consumer products, including vehicles, pharmaceuticals, medical devices, household appliances, and children's toys, can cause fatal injuries if they malfunction or fail to perform as intended.
Violent Crimes
Acts of violence, including assault, battery, homicide, and domestic violence, can result in wrongful death. Criminal perpetrators, as well as individuals or entities who failed to provide adequate security or protection, may be held liable for such deaths.
Our Hulburt Law Firm attorneys have handled wrongful death cases involving all of the above causes. Contact us to discuss your potential case.
Simply fill out the form or call 619.821.0500 to receive a free case review. We’ll evaluate what happened, your injuries, and potential defendants to determine how we can best help you.