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Wrongful Death ATTORNEYS
Nothing can prepare you for losing a loved one, nor can you be fully prepared to shoulder the emotional and economic burden of the sudden wrongful death of a family member.
The wrongful death attorneys at Penney & Associates understand the emotional and day-to-day challenges families face in the wake of such losses. Our firm has successfully represented families in wrongful death lawsuits throughout California for more than 25 years. We can help you hold those responsible for the loss of your loved one accountable for their actions, and win the financial compensation you need.
YOU CAN AFFORD OUR LEGAL SERVICES
You may be under intense financial pressure, but you can afford our services.
Most people are not prepared for the unexpected passing of a loved one. If you relied on that person’s income, bills that were once easily affordable may suddenly become unpayable. And then there are immediate, additional costs, such as funeral arrangements, and replacing a lost car or other property.
Despite these challenges, you can afford to work with us. Penney & Associates’ wrongful death attorneys work on a contingency fee basis. This means that we offer a free consultation to every prospective client, and we are paid out of any financial compensation we help you win.
HOW WE HELP YOUWIN YOUR CASE
We accept cases based on just the facts. When you walk through our doors, we will evaluate the particulars of your case, and review any information or documentation you have. If, after this free review, we determine that you might have a good case, we will lay out your options, allowing you to make the best most informed decision possible.
Once you have decided to retain our services, Penney & Associates will gather as much information as possible about your case. We have experience in tracking down police reports, corporate accident reports, eyewitness accounts, and other types of records which can prove critical in making a case. We also work with independent experts to corroborate claims made by witnesses, and to challenge counter-claims made by defendants.
Most importantly, we work quickly. In the state of California, families of a wrongful death victim have two years from the date of the decedent’s passing to file their claims. Many clients come to us months after the passing of their loved ones, and we work to accommodate them to the best of our ability within this limited time frame.
WHO CAN FILEA WRONGFUL DEATH LAWSUIT
In California, there are limitations on who can file a wrongful death lawsuit. According to the state Code of Civil Procedure, section 337.60, this includes:
- The surviving spouse or domestic partner.
- Surviving children of the deceased.
- If the deceased has no living direct descendants, it is possible for anyone who could have been entitled to the property of the deceased, such as a parent or sibling, to file a wrongful death lawsuit.
- If a stepchild or putative spouse or child can show they were financially dependent on the deceased, they may also be able to file a claim.
- Any minor who lived in the decedent’s household for at least 180 days before their death, and for whom the deceased was responsible for at least half of their financial support.
TIME IS OF THE ESSENCE, AS YOU HAVE LIMTITED TIME TO FILE A WRONGFUL DEATH CLAIM, AND CRITICAL EVIDENCE CAN BE LOST IF YOU DELAY
California law requires wrongful death claims to be filed within two years of a death. This may sound like a long time, but it is important to work as quickly as possible to file your claim, regardless of the circumstances.
The statute of limitations is not the only reason why you should not delay in filing a claim. For example, if the wrongful death was the result of a car accident, evidence of the accident could be lost or hidden away. A pothole in a poorly maintained roadway may get repaired. Your memories, and those of witnesses, can fade over time. An insurance company may lose records related to the accident, which could affect your claim. And the longer you wait to file a claim, the more time any liable parties will have to try and conceal evidence of their involvement.
If you are uncertain about filing a wrongful death claim or are seeking legal consultation before proceeding with a claim, we can help. With offices located throughout California, Penney & Associates is ready to help you bring this difficult chapter in your life to a close, so you can move forward into a brighter, more secure future.
Contact Penney & Associates today to learn how we can help you win compensation for your wrongful death.
WHAT CONSTITUTES WRONGFUL DEATH?
In California, state law defines wrongful death as a death resulting from the negligence or misconduct of another person. Wrongful death can occur in a variety of ways, including:
- Direct physical attacks – Whether the result of a physical altercation, or of physical contact while playing a sport, injuries sustained in physical attacks can lead to wrongful death, even if there was no intent to cause harm or death.
- Auto accidents – A driver of another vehicle may have been responsible for the accident that caused the loss of your loved one. But there are other potential factors to consider, such as defective vehicle parts. If the part or vehicle manufacturer was aware of the flaw, but took no action to inform or protect the public, they may be potentially liable.
- Medical malpractice – When a doctor makes an erroneous diagnosis or fails to take proper care when performing a medical procedure, they can be held liable.
- Product failures due to manufacturer error – When a product fails to function as intended, the manufacturer may be at fault. Like wrongful deaths resulting from auto accidents, if manufacturing flaws were known at the time of the product failure, that can be the basis for a successful claim. However, it is possible to still make a claim even if the flaw was not known in advance, depending on the circumstances of the accident and the nature of the flaw.
- Workplace Accidents – Many wrongful death lawsuits are filed against employers due to unsafe working conditions. These cases are often the result of poorly maintained machinery, failure to comply with OSHA requirements for workplace signage, or poor management that encourages unsafe work practices.
- Slip-and-falls – Slip-and-fall accidents are among the most common cause of workplace injuries and wrongful death, and even fatal accidents outside the workplace are sometimes found to be the consequence of an employer’s negligence.
- Drowning – Drownings are often found to be wrongful deaths when they result from inadequate supervision, a lack of safety equipment, or unsafe conditions in and around the water. Many fatal boating accidents are the result of drownings due to a lack of life vests.
- Dog bites – While most dog bites are not fatal, a person can succumb to medical complications from a serious dog bite injury or mauling. California law holds that animal owners are responsible for the actions of their pets, and they can be named in a wrongful death lawsuit accordingly.
WHAT YOU CAN RECOVERIN A WRONGFUL DEATH LAWSUIT
In California, state law defines wrongful death as a death resulting from the negligence or misconduct of another person. Wrongful death can occur in a variety of ways, including:
- Medical & Funeral Costs: Not everyone is fortunate enough to have medical coverage, and even excellent health insurance can have deductibles of thousands or tens of thousands of dollars, and not fully cover costly health interventions. Funerals can add thousands of dollars more in costs to be dealt with.
- Physical damages: The loss of your loved one may also have resulted in serious damage to your home, a vehicle you depended upon to get to work, or other property.
- Retirement: In some cases, death before retirement age may result in the diminishment or negation of retirement and pension plans.
- Future earnings: Even in households with two incomes, the loss of income from one person can seriously compromise a family’s financial security.
- Loss of companionship: In some instances, the law provides for financial compensation for a spouse’s or partner’s loss of companionship.
- Loss of consortium: If the deceased was involved in a sexual relationship with the claimant, the loss of physical companionship can be factored into the damages you recover.
- Loss of a parent: Survivors of a deceased mother or father can be awarded additional damages due to the loss of care and guidance that a parent could provide.
- Inheritance: The surviving partner of the deceased may not be entitled to what would have been a shared inheritance.
- Pain and suffering: In some cases, you may be entitled to financial compensation for the pain and suffering endured both by you and your deceased family member.
- Punitive Damages: If the victim’s death was the result of felony homicide, additional damages may be recovered.
Depending on the circumstances, a negotiated settlement or jury award may compensate you to some degree for any or all the above. You may also be eligible for punitive damages in instances where the other party acted intentionally, or in a particularly negligent manner.
Penney & Associates are the leading wrongful death attorneys in the region, dedicated to helping you care for your family and loved ones.
The Penney & Associates® firm has offices in Sacramento, Roseville, Santa Clara, Chico, Rocklin and Irvine with satellite offices in Fairfield, Sunnyvale, San Francisco, San Diego and Southern California.