Best Wrongful Death Lawyers in Burlingame

About Wrongful Death Law in Burlingame, United States

Wrongful death law in Burlingame refers to the legal processes that allow certain family members or representatives to seek compensation when a loved one dies as a result of another person or entity’s negligence or wrongful act. These claims are civil actions brought to hold parties accountable for causing a loss of life, regardless of whether criminal charges are also involved. Burlingame, like all of California, follows state laws regarding wrongful death actions, meaning that residents must adhere to California’s statutes and civil procedures.

Why You May Need a Lawyer

Wrongful death cases are often emotionally intense and legally complex. The need for a lawyer typically arises in situations where:

• The death was caused by a car accident, workplace accident, medical malpractice, defective products, or criminal behavior.
• There are disputes among family members about who is entitled to bring or benefit from a lawsuit.
• Determining fault and collecting evidence are difficult, especially when insurance companies are involved.
• Multiple parties could be responsible for the death, such as in accidents involving several vehicles or large companies.
• The responsible party disputes liability or offers a settlement that seems insufficient.

Legal guidance can help families understand their rights, evaluate the potential value of a claim, navigate court procedures, and negotiate with insurance companies.

Local Laws Overview

Burlingame follows California’s wrongful death statutes. Key aspects for wrongful death claims include:

• Who Can File: Typically, the deceased person’s surviving spouse, domestic partner, children, or, in some cases, other family members or heirs, may file a claim.
• Types of Damages: Damages may include funeral and burial expenses, loss of financial support, loss of companionship, and, in some cases, punitive damages.
• Time Limits (Statute of Limitations): California law generally requires wrongful death claims to be filed within two years of the date of death.
• Burdens of Proof: Wrongful death is a civil claim, so plaintiffs must prove by a preponderance of the evidence that the defendant’s wrongful actions caused the death.
• No Double Recovery: If a survival action (a claim belonging to the estate for losses suffered by the deceased before their death) is also filed, damages must be clearly separated from those sought in the wrongful death claim.

Frequently Asked Questions

What is considered a wrongful death in Burlingame?

A wrongful death occurs when a person dies due to the legal fault of another individual or entity, such as negligence, recklessness, or intentional harm. Common causes include car accidents, medical errors, or unsafe premises.

Who has the right to file a wrongful death claim in California?

The deceased person's spouse, domestic partner, children, and certain financially dependent relatives may file. If no direct survivors exist, others entitled by law may have standing.

How long do I have to file a wrongful death lawsuit in Burlingame?

Generally, you must file within two years from the date of death. Failing to do so may permanently bar you from bringing a claim.

What compensation is available in a wrongful death lawsuit?

Compensation may cover economic losses such as lost support and funeral expenses, as well as non-economic damages like loss of companionship. Punitive damages are not typically available in wrongful death cases, except in rare circumstances involving criminal action.

Do I need to prove someone's guilt to win a wrongful death case?

No criminal conviction is required. You must prove by the civil standard of a preponderance of the evidence that the defendant's actions were the cause of death.

What is the difference between wrongful death and survival actions?

A wrongful death claim compensates survivors for their own losses, while a survival action seeks damages for the losses the deceased suffered before death. Both can sometimes be filed together.

Can multiple people file separate wrongful death lawsuits?

No, the law requires all eligible parties to be included in one lawsuit to avoid multiple claims for the same death.

What if the deceased was partly at fault?

California uses comparative negligence, so compensation may be reduced in proportion to the deceased’s share of fault but is not automatically barred.

How long do wrongful death cases usually take?

Case duration varies based on complexity, cooperation from opposing parties, and whether settlement is reached or a full trial is necessary. Cases can take from several months to a few years.

Is there a cost to consult with a wrongful death lawyer?

Many wrongful death attorneys offer free consultations and work on a contingency fee basis, meaning they only collect fees if you win compensation.

Additional Resources

If you are considering a wrongful death claim, these resources may provide helpful information and support:

• California Courts - Self-Help Center: Offers guidance on court procedures and filing wrongful death claims.
• San Mateo County Bar Association: Provides lawyer referrals and legal aid resources for Burlingame residents.
• California Department of Consumer Affairs: Offers information on hiring attorneys and understanding your rights.
• California Victim Compensation Board: May assist with certain expenses related to death caused by a crime.
• Local support groups and counseling services: Can help families coping with loss and legal processes.

Next Steps

If you believe a loved one’s death in Burlingame was caused by another party’s negligence or wrongdoing, consider taking these steps:

• Gather any available evidence, documentation, and records related to the incident and loss.
• Seek medical records and obtain the official death certificate.
• Contact a local wrongful death lawyer experienced in California law for an initial consultation.
• Act promptly to protect your rights and meet critical legal deadlines.
• Utilize local and state resources for additional guidance and support.

Taking early and informed action can help secure your family’s rights and the compensation to which you may be entitled. A legal professional can guide you through each step with compassion and expertise.