Wrongful Death

Wrongful death funeral

Experienced Wrongful Death Lawyers in the San Francisco Bay Area

The sudden loss of a loved one—whether a parent, spouse, domestic partner, or child—is a heartbreaking and life-altering event. At Mastrangelo Law Offices, we are here to support you during this difficult time. We understand the emotional toll it takes, and we are dedicated to helping you seek justice by holding the responsible parties accountable.

Wrongful death occurs when someone’s negligence or misconduct results in the loss of life. Whether your loved one was a victim of unsafe work conditions, a defective product, or medical malpractice, the attorneys at Mastrangelo Law Offices have over 40 years of experience fighting for the rights of grieving families. We will navigate the legal complexities of your case and pursue the financial compensation you deserve. Contact our office today to schedule a free consultation.

What is Considered Wrongful Death in California?

From a legal perspective, wrongful death occurs when someone dies due to the negligence or misconduct of another individual, company, or party. California’s wrongful death laws cover a wide range of situations, including:

– Premises liability (injuries on private property)
– Defective or dangerous products
– Workplace accidents
– Construction site injuries
– Faulty machinery
– Medical malpractice
– Fatal car accidents

In essence, when a reasonable person could have acted differently to prevent a death, there may be grounds for a wrongful death claim. At Mastrangelo Law Offices, our experienced attorneys will review your case during a free, confidential consultation and explain your legal options.

In wrongful death claims, the focus is not on the wrongdoer’s intent, but on the failure to act with reasonable care. Negligence doesn’t require bad intentions—what matters is that the responsible party failed to exercise the care a reasonable person would have used to prevent harm. If a death could have been avoided with reasonable care, the negligent party has a legal obligation to compensate for the damages they caused.

Wrongful Death Laws in California

California has specific laws governing who can file a wrongful death claim, the types of damages that can be recovered, and the time limits for bringing such claims.

Proving Liability in Wrongful Death Cases

Successful wrongful death cases depend on swift investigations, expert involvement, and gathering critical evidence such as videos, photos, witness statements, and official reports. Establishing gross negligence, statutory violations, recklessness, or willful misconduct often leads to higher damage awards. At Mastrangelo Law Offices, our priority is to build compelling cases that support significant settlements or verdicts, often in the seven- or eight-figure range.

Recovering for Non-Economic Losses

The loss of a loved one creates deep emotional and relational voids. Whether it’s the death of a spouse, parent, child, or sibling, California law allows juries to place value on the lost love, companionship, and emotional support that has been taken away. We work closely with families, using photos, videos, and testimonies from friends, co-workers, and community members to illustrate the profound impact of the loss. Our team often produces mini-documentaries about the deceased to help mediators and jurors fully appreciate the extent of the non-economic losses. By providing this detailed picture, we fight for the highest possible compensation based on all available evidence.

Compensation for Economic Losses

In wrongful death claims, it’s essential to recover all economic losses stemming from the death, including lost wages, financial support, pension entitlements, Social Security benefits, and health insurance. If the death involved prolonged suffering or financial burdens on the estate, we also pursue punitive damages in cases where the conduct was malicious, oppressive, or fraudulent. These cases demand full compensation for both current and future financial losses, ensuring our clients receive everything they are owed.

In California, specific individuals have the legal right to file a wrongful death claim. Typically, this includes:

– A surviving spouse or domestic partner
– Any surviving children
– Other surviving family members, such as parents or siblings
– Stepchildren or other dependents who were financially supported by the deceased person 

Recoverable Compensation in a California Wrongful Death Claim

In a wrongful death case, the following types of compensation can be recovered:

– Medical expenses incurred for the decedent’s care before their death
– Burial and funeral costs
– Lost wages and potential future earnings that the deceased would have provided to family members
– Loss of financial support for surviving dependents
– Non-economic damages for the loss of love, care, companionship, emotional support, and, in the case of a spouse, the loss of intimate relations

Time Limits for Filing a Wrongful Death Claim in California

In California, the statute of limitations for filing a wrongful death claim in most cases is **two years from the date of death**. However, if the claim involves medical malpractice, a shorter statute of limitations may apply. If the lawsuit is not filed within this time frame, the surviving family members risk losing their legal right to seek financial compensation forever. Because the statute of limitations can be strict, it is crucial for surviving family members, such as spouses, children, or parents, to consult with an experienced wrongful death attorney as soon as possible to evaluate whether a claim is justified.

How to Begin a Wrongful Death Claim in California

If you believe your loved one passed away due to another party’s negligence, carelessness, or recklessness, it’s essential to seek legal guidance immediately. Speaking with a wrongful death attorney will provide you with the clarity you need to make informed decisions about recovering damages.

Mastrangelo Law Offices has over 40 years of experience handling wrongful death cases. Our skilled team of attorneys can thoroughly investigate your loved one’s death, helping you build a strong case and maximize compensation. We understand what it takes to prove liability against individuals, employers, and property owners, and we are adept at navigating the complexities involved in cases involving the death of a child or newborn.

Types of Wrongful Death Lawsuits

Wrongful deaths can occur in a variety of circumstances, such as:

– Car accidents
– Medical malpractice
– Drownings due to unsafe swimming pools
– Workplace incidents involving faulty machinery or toxic exposure

In San Francisco, unintentional injuries are a leading cause of death, particularly among individuals aged 15 to 44. San Francisco County also has a higher rate of unintentional deaths than the California average, making it crucial for those affected to seek skilled legal assistance in navigating these cases.

Contact a Dedicated and Compassionate Wrongful Death Attorney

At Mastrangelo Law Offices, we are fully committed to supporting the families of wrongful death victims with compassionate and dedicated legal representation. Let us help you seek the justice and financial compensation you deserve. Call us today for a free consultation at (925) 258-0500, or reach out to us online to schedule your appointment.