Wrongful Death

San Rafael Wrongful Death Attorneys

Putting the “Personal” Back in Personal Injury Law

There are few things more difficult in life than when a loved one dies. When it happens unexpectedly because of something that someone else did – or failed to do – the situation may be even more tragic. In these cases, a wrongful death lawsuit may help family members achieve some measure of justice.

A wrongful death claim is a type of personal injury case. This type of lawsuit allows families to recover compensation when a loved one has died as a result of someone’s wrongful act. Wrongful death suits may be filed after a car accident, slip and fall, motorcycle accident, or any other type of accident.

If your family member has died due to another person’s negligence, our team at Kuvara Law Firm can help you recover the compensation that you are entitled to under the law. With law offices throughout Northern California, our attorneys represent Californians throughout the state who have been injured in all types of accidents, as well as their loved ones. We offer free initial consultations and never charge a fee unless we recover money for you.

Discuss your legal options with our San Rafael wrongful death lawyers today by calling or contacting us online. Se habla español.

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How to Prove a Wrongful Death Case
Common Causes of Wrongful Death in California
Steps to Take After a Loved One’s Wrongful Death
What Damages Can Be Recovered in a Wrongful Death Claim?
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How to Prove a Wrongful Death Case

Proving a wrongful death case in California involves establishing specific elements that demonstrate liability. First, you must show that the defendant owed a duty of care to the deceased. For example, in a case involving a car accident, the defendant driver owes a duty of care to others on the road. Then, the focus shifts to demonstrating a breach of that duty.

Next, the legal team connects the breach of duty to the fatality by showing causation. This requires proving that the defendant's actions directly caused the death and were not merely incidental. To strengthen the case, our San Rafael wrongful death lawyers may use eyewitness testimony, expert analysis, or physical evidence to argue this point. Finally, the plaintiff must quantify the damages stemming from the loss, which might include funeral costs, loss of financial support, emotional suffering, and other verifiable impacts. At Kuvara Law Firm, we understand what it takes to win wrongful death cases and can put our experience to work for you.

Don’t settle for less. Fight for full compensation.

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$1,850,000 Pedestrian Accident
$1,800,000 Motorcycle Accident
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$1,495,000 Premises Liability
$1,410,000 Premises Liability
$1,300,000 Pedestrian Accident
$1,000,000 Rollover Accident

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"Mr. Kuvara and his team are truly amazing! He is the most kind hearted and will do everything he can to win your case."

They are very prompt with responses and follow up. The entire process was stress free (especially going through this during the middle of the pandemic) and seamless! He heard, understood my pain and had the most sincerest empathy for me. This review has been LONG overdue. He took care of me in 2020 and has left an everlasting impression in my life. I recommend everyone to Mr. Kuvara and his outstanding team! Thank you all from the bottom of my heart!

- Kay M.
"From the first moment I contacted the Kuvara staff and lawyers, I felt protected, informed, and very well legally represented"

I had an accident on 12/2022, and my life and all the projects I had for the future had to change drastically, but even with all the sacrifice and pain that it entails, I decided to face it and do everything necessary to overcome this stage in my life, I was fortunate to be represented by the Kuvara law firm. I am very happy and satisfied with the way my case was resolved, the professionalism on the part of the firm and the monetary compensation I received, it was fair and I only have gratitude on my part to all the members of the Kuvara law firm.

- Monica V.
"They were kind, understanding, and extremely helpful in every conversation."

Beyond grateful with the service and support the professionals at Kuvara Law Firm offered me every step of the way in this process. I know being in a situation of need and not knowing where to begin is overwhelming and quite frankly a bit scary.

- Esmeralda M.
"Wish I could give 6-stars."

I had a bad car accident and I had both the pleasure and the best experience with Kuvara Law Firm. Was given excellent top notch service , the firm and its excellent staff went above and beyond the call of duty, I highly recommend. Thank you for everything.

- Brennan C.

Common Causes of Wrongful Death in California

Wrongful death claims arise from various accidents and incidents that tragically cut lives short, leaving families to bear the emotional and financial burden. These situations typically occur due to another individual’s or entity’s negligence, recklessness, or intentional actions. Understanding the common causes of wrongful death can help you identify scenarios that may warrant legal action.

Here are some of the most common causes of wrongful death:

Motor vehicle accidents. Car, truck, bicycle, pedestrian, and motorcycle accidents remain some of the leading causes of wrongful death. Unsafe driving behaviors – such as speeding, distracted driving, driving under the influence of alcohol or drugs – and reckless maneuvers often create fatal conditions on the road. Commercial truck accidents can be especially devastating due to the size and weight of the vehicles involved.
Workplace accidents. Hazardous environments, lack of proper safety training, or malfunctioning equipment contribute heavily to workplace fatalities. Falls from heights, exposure to toxic substances, and heavy machinery accidents frequently claim lives, particularly when employers prioritize speed and cost over worker safety.

Product defects. Dangerous or defective products can also lead to wrongful deaths when manufacturers fail to design, test, or label their goods adequately. Faulty vehicle parts, unsafe household appliances, and poorly tested medications can all result in fatal injuries or illnesses. For example, a defective airbag could fail to deploy during an accident, drastically increasing the likelihood of death.
Premises liability incidents. Fatalities can occur on private or commercial property when owners neglect their duty to maintain a reasonably safe environment. Slip-and-fall accidents, swimming pool drownings, or structural collapses are some common examples. Cases involving negligent security also arise when criminal acts, such as assaults or robberies, happen due to insufficient security measures.
Acts of violence. Homicide or other violent crimes represent deliberate and intentional wrongful death cases. These tragedies occur when one individual takes another's life due to motives such as jealousy, anger, financial gain, or mental instability. Families affected by such loss may have the right to seek justice not only through criminal prosecution but also through civil wrongful death lawsuits to hold perpetrators accountable.

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Steps to Take After a Loved One’s Wrongful Death

Losing a loved one due to negligence or recklessness is deeply painful. The emotional burden can feel insurmountable, and the natural inclination is to focus solely on grieving and processing the loss. However, it is crucial to take proactive steps to address the legal and financial implications of the situation. By acting decisively, you can protect your ability to seek justice and hold responsible parties accountable, which can bring a sense of closure and support your family during this difficult period.

If your loved one recently passed away under circumstances that warrant a wrongful death claim, you should make every effort to:

Collect and preserve evidence. Building a strong case requires gathering and protecting any evidence related to the incident. This can include photographs of the accident or incident scene, medical records, police reports, or eyewitness accounts.
Document the death’s impact. Wrongful death is not only about the immediate loss but also the long-term emotional and financial effects on your family. Documenting these aspects helps in clearly communicating the extent of the damages when pursuing compensation. This could include financial losses, emotional suffering, and even missed experiences that caused immeasurable harm to your family’s quality of life.
Request a death certificate. Obtaining a certified copy of the death certificate is a necessary step for addressing both legal and insurance-related matters. This document provides official confirmation of the cause of death and is often a required piece of evidence when pursuing a case.
Refrain from speaking to insurers without legal guidance. Insurance companies may attempt to reach out in the aftermath of a wrongful death. Their primary objective is to minimize payouts, so it’s important to avoid discussing the specifics of the incident without an attorney's guidance. Anything you say could be used to undermine your claim, so wait until you are fully prepared to advocate for your family’s interests.
Seek legal representation quickly. Only a knowledgeable legal professional can help you fully understand your rights and the options available for pursuing a case. Our San Rafael wrongful death attorneys can help you evaluate your circumstances, gather necessary evidence, and build a strategy that aligns with your goals.

Who Can File a Wrongful Death Lawsuit in California?

Wrongful death lawsuits are specifically authorized by California law. Under this statute, only certain family members can bring a claim.

This includes:

Surviving spouses
Domestic partners
Children
Grandchildren (if the deceased person’s children have also passed away)
Anyone else who would be entitled to the deceased’s property under California’s laws on intestate succession (the way that assets are inherited when a person dies without a will)
Other minor children (such as stepchildren) who relied on the deceased for at least 50% of their support

While other loved ones may suffer as a result of a wrongful death, they cannot file a claim in California unless they fall into one of these categories. Only “survivors” – as defined by law – can file a wrongful death lawsuit.

Survivors can bring a wrongful death action for any type of accident or injury that was caused by another person’s negligence, gross negligence, recklessness, or intentional wrongful conduct. Essentially, if a loved one dies because someone else did something careless or wrong, then their survivors may be able to file a wrongful death claim. This includes matters such as assault and battery, elder abuse, motor vehicle accidents, and dog bites.

Wrongful death claims are sometimes paired with survival actions. This is a type of personal injury lawsuit that survivors can file on behalf of the deceased’s estate. The difference between these two types of claims is that a wrongful death lawsuit compensates surviving family members for their losses, while a survival action compensates the deceased person’s estate.

Survival actions can be filed for two types of losses. First, a survival action can be filed for claims that are unrelated to the death but which the deceased had a right to sue for at the time of their death. Second, if the deceased survived an injury for some period of time prior to their death, a claim can be brought for that injury.

Statute of Limitations for Wrongful Death Claims in California

Legal claims generally must be filed within a certain period of time, known as the statute of limitations. Wrongful death claims, like other types of personal injury lawsuits, must be filed within two years in the state of California. If you do not file within this timeframe, you will likely be unable to pursue a case or recover compensation, so do not wait to consult with a legal professional.

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What Damages Can Be Recovered in a Wrongful Death Claim?

In a wrongful death lawsuit, survivors can recover money for the value of the support that they reasonably could have expected to receive from the deceased if he or she had lived. There are two types of damages available in a wrongful death claim: economic and non-economic damages. Both are intended to compensate survivors for their losses.

Recovery for both economic and non-economic damages is limited to a specific period of time. Survivors can recover for the shorter of either the deceased’s life expectancy at the time of the wrongful act, or the life expectancy of the plaintiff (survivor) at the time of the wrongful act. A person’s life expectancy is determined by the jury, taking into account factors such as occupation, health, and lifestyle.

Because these damages are limited to either the deceased or the survivor’s life expectancy, recovery in a wrongful death case can vary significantly based on the facts of the case. For example, a wrongful death claim involving a 34-year-old IT worker in Oakland will typically lead to a higher amount of compensatory damages than a case involving an 80-year-old retiree in Marin County.

Importantly, heirs in a wrongful death action cannot recover punitive damages in almost all cases, which are meant to punish a wrongdoer for their conduct. The only exception is if the deceased was killed in a felony homicide for which the defendant has been convicted. However, punitive damages may be available through a survival action, as described above.

Economic Damages
First, economic damages include tangible financial losses that the survivors or heirs may have suffered. In a typical personal injury case, this may include items such as medical bills and lost wages.
In a wrongful death claim, economic damages can include:
- The loss of gifts or benefits that the heirs could have expected to receive from the deceased
- The financial support that the deceased would have contributed to the family during their lifetime
- The reasonable value of household services that the deceased would have provided and
- Funeral and burial expenses
Non-Economic Damages
Non-economic damages are meant to compensate survivors for their intangible losses, such as the loss of the deceased’s:
- Training and guidance
- Moral support
- Affection
- Sexual relations
- Protection
- Society and companionship
Non-economic damages do not include recovery for the survivors’ pain and suffering, grief, or emotional distress that was caused by their loved one’s death. While it can be harder to prove non-economic damages, our San Rafael wrongful death attorneys can put together a demand to the insurance company for damages based on our experience and knowledge of similar cases.

With More Than 50 Years of Combined Experience We Can Help You Maximize Your Compensation

Kuvara Law Firm, our car accident attorneys represent clients throughout California. We offer a free initial consultation so that you may learn about your legal options, and the legal services we offer.

We’re Here for You

If you have lost a loved one due to the wrongful conduct of another person, you may be able to file a wrongful death claim with the help of a personal injury attorney. Through this type of lawsuit, you may be able to recover financial compensation. While money won’t make you whole again, it can help you move forward with your life after a loss.

Kuvara Law Firm represents individuals throughout Northern California. Remember, we offer free case evaluations, where we will advise you about your claim, and we never charge a fee unless we recover money for you.

To schedule your free consultation with our firm, call or contact us online!