Wrongful Death

What’s a Putative Spouse in California?

by Staff Blogger | January 18th, 2023

Filing a wrongful death claim in California can be a complicated and confusing process, made worse by simultaneously grieving the loss of a loved one. Usually, wrongful death lawsuits are filed by surviving spouses with the assistance of California wrongful death lawyers.

But in some cases, surviving spouses find out after their spouse’s death that their marriage may never have been legally valid due to a defect or technicality.

When these unfortunate situations occur, California law provides an avenue for recourse through the putative spouse doctrine. In this blog post, we’ll explain what a putative spouse is under California law, and how the putative spouse doctrine can assist families of wrongful death victims.

California Wrongful Death Lawsuits

A wrongful death lawsuit is filed after a person dies due to another person’s negligence. Filed by the victim’s surviving family members, wrongful death claims are designed to compensate surviving family members for the loss they have suffered.

During a case consultation with our team of wrongful death lawyers, California families can explore the types of damages that may be available in their specific case, as damages vary from case to case. The types of damages that may be available in a wrongful death case include the following:

  • Funeral and burial expenses
  • Loss of future earning potential
  • Loss of love and companionship
  • Loss of expected gifts or inheritances

Who Can File a Wrongful Death Claim?

In California, the law first permits a victim’s surviving spouse to file a wrongful death lawsuit. If a victim is unmarried, then the lawsuit may be filed by other surviving immediate family members, such as children, parents, or siblings.

In some cases, a surviving spouse may find out after their spouse’s death that they were actually never legally married. In these situations, California law labels the surviving spouse as a “putative spouse” and allows them to file a wrongful death lawsuit if they meet certain conditions.

What is a Putative Spouse in California?

Under California law, a putative spouse is a person who holds a reasonable belief that they are married, when in reality, their marriage is legally invalid. Putative spouses in California are allowed to file wrongful death lawsuits if they genuinely believe that their marriage to the victim was true and valid.

Most often, the putative spouse issue arises in cases of second marriages, where one spouse’s divorce may not have been actually finalized, accidentally leaving the first marriage legally intact.

Putative Spouses in California Wrongful Death Lawsuits

The California Supreme Court most recently addressed the putative spouse issue in a 2013 case titled Ceja v. Rudolph & Sletten, Inc. In that case, the deceased victim filed for divorce from his first wife, but it was not finalized until three months after the victim and his second wife married. Because the divorce was not finalized when the second marriage occurred, the second marriage was never legally valid.

But despite that, the second wife changed her last name, wore a wedding ring, and otherwise held herself out as the victim’s legally wedded wife. Four years later, the victim was killed in an on-the-job accident at a construction site. The victim’s employer tried to dismiss the lawsuit, but the court disagreed, holding that the putative spouse doctrine applied because the surviving spouse held a genuine belief that her marriage to the victim was valid.

Rights of California Putative Spouses

Putative spouses in California hold the same legal rights as any other surviving spouse. In short, the putative spouse doctrine provides a solution for spouses who may be surprised to learn that their marriages are invalid. Experienced wrongful death lawyers in California, such as our team at Berg Injury Lawyers, are knowledgeable about the putative spouse doctrine and its applications.

Why You Need a California Wrongful Death Lawyer

If you and your family find yourselves grieving the loss of a loved one caused by another person’s negligence, you should contact a wrongful death lawyer as soon as possible. Our team at Berg Injury Lawyers has been representing California families for more than 40 years, including in wrongful death lawsuits.

We’re proud to offer free case consultations to prospective wrongful death clients, and we’re ready to hear from you. Contact us today to set up an appointment.

Steps to Take After a Wrongful Death

by Staff Blogger | November 1st, 2022

Losing your loved one is never easy, but if the person died due to the negligence or misconduct of another, including in a fatal accident, the situation is not only heartbreaking but also complex. Berg Injury Lawyers, the Sacramento wrongful death lawyers understand how painful it can be to recover from the loss of a family member. We are ready and committed to helping with your Sacramento wrongful death claim with as little stress as possible from your side. Continue reading to learn what to do if you lose your family in an intentional fatal accident.

What Is a Wrongful Death?

A wrongful death in Sacramento is a claim that arises when a person dies as a result of negligence-based incidents like accidents, medical malpractice, and intentional acts, including crimes. According to California laws, some of the individuals allowed to file a wrongful death lawsuit can include the victim’s family:

  • Surviving spouse.
  • Surviving domestic partner.
  • Surviving children.
  • Surviving issue of the decedent.
  • Individuals who were financially dependent on the deceased.
  • The decedent’s representative.

The above people can file a wrongful death lawsuit in the state’s civil courts on their own or with the help of personal injury lawyers in Sacramento, California. To establish a wrongful death lawsuit in Sacramento, California, eligible claimants must prove that:

  • The deceased died a wrongful death.
  • They sustained financial or other losses due to the death. The other losses include loss of companionship, love, support, and affection, and also endured emotional harm.

What to Do After a Wrongful Death in Sacramento?

At Berg Injury Lawyers, we want understand how difficult it is when you are faced with a unfortunate position, and we want to help you throughout your legal claim. Here are actionable ways to help substantiate your case after a wrongful death.

Obtain a Death Certificate

Obtaining a death certificate is the first step you should take when filing for a Sacramento wrongful death. The Vital Records Units register all the deaths in Sacramento County. However, knowing which office to contact can be confusing.

For a death that occurred in Sacramento this year or last year, you can get a copy of the death certificate from either the County Clerk-Recorder or the Vital Records office. If the death occurred in Sacramento County prior to the past two years, you can only get a copy of the certificate from the County Clerk-Recorder office. 

Choose an Experienced Personal Injury Lawyer

One of the ways to increase your chances of winning a wrongful death lawsuit is through working with an experienced wrongful death lawyer, Sacramento. However, selecting a personal injury lawyer ideal for your case can be challenging. For cases of death due to fatal accidents, you should check for a personal injury lawyer who handles car crash cases.

Next, you should ensure that the lawyer you intend to hire does not have any disciplinary action against them. It is also vital to check the attorney’s website for reviews and other firm information. If the reviews are positive and you are satisfied with how the lawyer operates, you can schedule a consultation with them.

The initial consultation allows you to ask the personal injury lawyer questions, and this helps you learn more about them. Most personal injury lawyers offer free initial consultations, and this allows you to visit several lawyers before choosing the one with the best qualities.

Plan to Participate in Your Lawyer’s Investigation

Gathering legal support for a wrongful death claim from an accident requires extensive investigation to get all the aspects of the accident that led to death. Working closely with the lawyer during the investigation helps gather all the necessary evidence quickly and build a strong case.

Wrongful death lawyers in Sacramento may also hire other professionals, such as private investigators, or seek support and assistance from other departments and officers. However, this depends on the case’s complexity or whether the lawyer has numerous tasks to perform when the investigation begins.

Gather Proof and Documentation

To establish a solid wrongful death claim, gathering proof and documentation related to the decedent and the cause of death is essential. The proof and documentation include the following:

  • Death certificate.
  • Medical records.
  • Witness statements.
  • Police and autopsy reports.
  • Photos and videos.
  • Pay stubs and tax returns.
  • Witness statements.

Keep Detailed Records of All Your Expenses

When pursuing a wrongful death Sacramento survivors should maintain a detailed record of all their expenses. The expenses include medical bills, funeral charges, and other receipts and documents relating to spending and income. One of the main aims of filing a wrongful death suit is to receive compensation for their loss and recover damages incurred while filing the lawsuit.

Join a Support Group

Most people find it challenging to deal with the emotions and legalities involved after a wrongful death. One of the best ways to cope with such situations is by joining a support group. Besides support groups, one may also get emotional support from parents, siblings, teachers, and friends.

Support groups with members with similar experiences are ideal because one can get advice on numerous things, including choosing a Sacramento personal injury lawyer and dealing with the stress of filing a claim.  

Hire an Experienced Sacramento Wrongful Death Lawyer

Personal injury lawsuits are complex, and with an experienced lawyer, you will increase the chance of receiving the total compensation you deserve. In addition, experienced and professional wrongful death lawyers are reliable and will always show up in court on time and always have the necessary evidence for your case.

Another reason for hiring an experienced lawyer for your wrongful death in Sacramento is their familiarity with the court systems and process. They are also aware of all the laws that apply to a wrongful death lawsuit. Besides knowing the system, an experienced personal injury lawyer has easy access to resources you may not get on your own. This includes connections with other professionals, such as expert witnesses with forensic backgrounds and tax consultants.

Finally, an experienced Sacramento personal injury lawyer is more likely to have dealt with cases like yours. Through this, they are familiar with scenarios and events that may arise during the lawsuits or what to expect. Such experience ensures that your case progresses well with no hindrances.

Get Help Dealing With Your Wrongful Death in Sacramento From Experienced Lawyers

Berg Injury Lawyers have helped residents inSacramento and California through difficulties for more than three decades, and we would like to assist your family. If you have lost a family member in a fatal accident due to someone else’s negligence, our personal injury lawyers in Sacramento are looking forward to helping get justice for your family. Call us for a free consultation today.

Why File a Wrongful Death Claim in California

by Staff Blogger | October 18th, 2022

If someone else’s negligent, reckless, or intentional actions resulted in your family member’s wrongful death, California residents might have the right to file a wrongful death claim.

It may seem pointless because no amount of money can truly replace a loved one or make everything right. Plus, repeatedly bringing it up can make it hard to heal and be at peace. But there are several reasons why you should hire a wrongful death lawyer in California, which this guide discusses.

What Is Wrongful Death in California?

A wrongful death occurs when someone dies due to someone else’s negligent, intentional, or reckless acts. In California, wrongful death lawsuits fall under personal injury claims.

As in other personal injury claims, the wrongful death lawyer in California helps the plaintiff to receive financial compensation. This is one of the differences between wrongful death and criminal homicide cases. In the latter, the defendant is jailed or put on probation.

Why You Should File a Wrongful Death Claim in California

If you have lost a loved one in a wrongful death, you should hire a qualified lawyer to file a wrongful death claim to hold the responsible person accountable, gain justice for the deceased, deter others from doing the same, and gain compensation for your loss and suffering.

Getting Justice for the Deceased

Helping your loved one get justice by representing them in public and the court of law can honor their memory. When the responsible party pays the damages, it counts as obtaining justice and holding them accountable for their actions. If possible, you can also file a criminal charge against them.

A wrongful death in California claim can bring you closure and peace of mind.

Deterring Others

You wouldn’t want anyone to undergo the pain and suffering of losing a loved one due to negligence or misconduct. By filing a wrongful death claim, you send a message to others that negligence or misconduct that risks a person’s life is intolerable. It shows them there are consequences to their actions, so they should be careful.

Being Financially Compensated

No amount of money can bring back your loved one. But you can heal better and faster if their hospitalization and burial don’t leave you with a huge hospital and funeral bill. You will also feel better equipped to cope with your loss if you don’t feel the financial gap they left.

Filing a wrongful death claim in California will allow you to recover these expenses and the financial assistance the deceased used to provide.

Common Causes of Wrongful Death in California

Wrongful death can arise from several events resulting from negligent or intentional acts. They include:

  • Traffic accident.
  • Faulty prescription drug or medical malpractice.
  • Workplace accident.
  • Daycare or nursing home abuse or negligence.
  • Slip and fall incident.
  • Assault, violence, and other crimes.

The wrongful death lawyer in California files the claim against the at-fault party.

Types of Compensation in a Wrongful Death Case in California

In case of wrongful death in California, the deceased’s surviving family may receive two types of compensation: economic and non-economic damages. 

Economic damages include:

  • Hospital, funeral, and burial expenses.
  • Loss of financial support the deceased would have contributed to the family.
  • The dollar value of the services the deceased provided in the household.
  • Loss of benefits and gifts the decedent would have bought for the family.

Non-economic damages include:

  • Loss of the deceased’s guidance.
  • Lack of enjoyment of life.
  • Loss of consortium.
  • Loss of enjoyment of intimacy with the decedent.

Note that California wrongful death statutes do not allow these lawsuits to pursue punitive damages. The only way to seek punitive damages in case of a loved one’s wrongful death is to file a survival cause of action. You can do that concurrently.

Who Can File a Lawsuit for Wrongful Death in California?

The people allowed to file wrongful death claims vary by state. California personal injury statutes permit the following people to file a wrongful death claim:

  • The surviving spouse or a domestic partner.
  • The deceased’s surviving children.
  • The deceased’s grandchildren, if the spouse and children have also passed away.

If the three parties above are unavailable, individuals who can prove they were financially dependent on the victim can file a wrongful death claim. They include:

  • The deceased’s parents and siblings.
  • Children of the decedent’s spouse.
  • The deceased’s stepchildren.
  • A legal guardian of the deceased.

You can find more details about the matter in the California Code.

Why Hiring an Experienced California Wrongful Death Lawyer Is Important

Claims of wrongful death are very complex and involve many facets. You need an experienced California wrongful death lawyer to help you navigate as you seek justice and compensation. They will benefit you in the following ways.

  • They understand the law.

California wrongful death lawyers have years of experience handling various cases. Once you explain your situation, they already know what to do and can advise you on the next steps.

They have the tools and networks to file the claim swiftly and efficiently and fasten the process.

  • They negotiate for you.

The defendant’s insurance company intends to settle as little as possible, so they may use hard tactics. In this period of grief, you need someone who can be objective and have dealt with them so they understand their tactics.

An experienced wrongful death attorney is objective and can expertly negotiate with the defendant’s representatives, getting you the highest settlement possible.

  • They save you time and money.

Wrongful death cases can take up to several years to settle. You would have to spend lots of time collecting the evidence to build your case, dealing with the paperwork, attending meetings and court sessions, etc.

An attorney can handle all this for you, reducing your workload while doing everything faster than you would have if you did it yourself.

Additionally, an experienced attorney can help you get the highest payout possible by ensuring you get the actual value of your claim, offsetting the legal expenses.

File the Wrongful Death Claim

File this type of claim if you have lost a loved one due to another person’s actions. It won’t bring your loved one back, but it will get them the justice they deserve, which could bring you closure and peace of mind.

It will also deter others from being negligent because they will see the consequences of their negligence, and you will be financially compensated for your loss and suffering, which could help you heal.

Call Berg Injury Lawyers. We Can Help You With Your Wrongful Death Claim

If someone else’s actions have caused a wrongful death in California, call Berg Injury Lawyers. We are the wrongful death attorneys California residents rely on for knowledge and resources to handle your wrongful death case. With nearly four decades of experience representing clients throughout Northern California, we can get you the best results possible.Schedule a free consultation today to start pursuing justice for your loved one.

Is There an Average Wrongful Death Settlement Amount in California?

by Staff | October 26th, 2021

Clients frequently ask what the average wrongful death settlement amount is in California. Because each case is unique and every victim is different, there is no definitive answer. However, several common factors are used to determine a settlement amount, which can help estimate what you are owed.

Unlike other types of settlements, wrongful death cases are extremely difficult to evaluate due to many variables. While you may be able to assign a figure to a loss of income, services, monetary support, or other economic factors, intangibles are more challenging to determine.

The tragic loss of a family member can have a devastating emotional impact, which is impossible to evaluate monetarily. In many cases, a loss of comfort or guidance may be more impactful than a lack of financial support.

What Is a Wrongful Death Claim?

A wrongful death claim is a lawsuit that occurs when someone dies due to a legal fault of a person or entity, be it intentional or accidental. Some of California’s most common types of wrongful deaths include medical malpractice and car accident cases.

According to California law, those entitled to file a wrongful death lawsuit include the decedent’s spouse or domestic partner, children, or grandchildren. If there are no surviving members of the deceased’s family line, a wrongful death claim can be filed by someone who may be entitled to compensation by “intestate succession.” This is usually the deceased’s parents, siblings, or other relatives.

In some cases, wrongful death claims may be filed by someone who can prove they were financially dependent on the deceased person.

What Factors Determine a Wrongful Death Settlement Amount?

Various factors influence a jury’s assessment of the wrongful death settlement amount. These factors traditionally include the financial losses resulting from the accident and the deceased person’s background and lifestyle.

Tangible Losses

Tangible losses are economic damages that cover all out-of-pocket expenses. These substantial losses might compensate a family’s lost health insurance, among other costs incurred by the death. These can include:

  • Reasonable funeral and burial costs the family incurred.
  • Loss of future wages and employment benefits that the deceased would have earned for the family if the loved one had lived.
  • The value of any gifts or inheritance the family would have received from the deceased.
  • Costs associated with household services provided by the deceased.

Intangible Losses

California law does not permit families to receive money for the poverty and grief, pain, or suffering they experience after a wrongful death. However, it allows them to recover other intangible losses known as non-economic damages, such as:

  • The loss of the deceased’s “love, companionship, comfort, care, assistance, protection, affection, society, moral support.”
  • Spouse or partner’s loss of intimacy from the deceased.
  • Loss of the deceased’s guidance.

The deceased person’s life expectancy, habits, activities, and lifestyle can all be considered when determining the surviving family members’ settlement amount. The following factors are looked at when calculating intangible losses:

  • Whether the deceased left behind a spouse or small children.
  • If family members were close to the deceased person.
  • If the deceased person was an important member of their community and had a morally upright character.

Factors That Can Reduce a Settlement Amount

Some factors that might reduce the settlement are:

  • There were no or few close family ties and no surviving spouse for the deceased.
  • The deceased was elderly and retired.
  • Isolation from the deceased’s local community.
  • Contribution to the accident that resulted in their death.
  • Previous criminal background.

Aside from relying on these factors, jurors are advised to rely on evidence to come to a reasonable amount. Because of these reasons, determining the exact amount and value of a wrongful death settlement is challenging.

Contact Berg Injury Lawyers for 24/7 Support

For advice and guidance on settling a wrongful death case, contact San Francisco Personal Injury Lawyers, Berg Injury Lawyers. Our compassionate and experienced legal team can help you get the compensation you deserve.

Our attorneys understand what it takes to prove your wrongful death case, and we have years of experience negotiating favorable settlements on behalf of our clients.  

Contact us for a free consultation and to discuss how we can help you receive a fair wrongful death settlement in California.

Avoid These Common Mistakes When Filing a Wrongful Death Claim in California

by Staff | August 9th, 2021

Losing a loved one is a challenging moment in anyone’s life. For many, there is no pain worse than mourning the loss of a family member or friend. Although it is natural to be emotional under such hardship, the pain felt is made even worse when knowing the death resulted from another person’s negligence.

In cases where the death is due to someone else’s negligence, the victim’s family has the legal right to file a wrongful death lawsuit and hold the responsible parties accountable. If you are a California resident intending to file a wrongful death claim, learn about these common mistakes and why you should avoid making them.

Settling Your Case Without an Attorney

In times of hardship, it can be tempting to settle the case independently. However, this is one of the most common mistakes when filing a legal claim and exacerbates the stress you may already be experiencing.

Don’t fight this battle alone. Contact California wrongful death attorneys and let them handle the legal aspects of your case. At Berg Injury Lawyers, our wrongful death attorneys have the resources and qualifications to represent you, giving you the time you need to heal.

Family Infighting

The stress and pressure involved in a wrongful death lawsuit cause many families to argue over various issues, such as funeral arrangements or other estate matters.

While it’s natural to be emotional under pressure, you and your family must set aside your differences and focus on recovering. If you are having difficulty handling interaction and communication regarding a lawsuit due to grief, our wrongful death attorneys can remove the legal burden from your shoulders, so you have the time you need to grieve your loved one.   

Speaking to an Insurance Company

When dealing with their insurance providers, mistakes families make fall into one of these two categories: speaking to them before contacting a lawyer or letting multiple family members talk to company representatives.

Remember that an insurance company never has you or your family’s best interests in mind. Their priority is to minimize the amount of money they owe you, and they will attempt every tactic possible to avoid paying the compensation you deserve.

By getting family members to speak to their representatives – especially multiple members, who can contradict each other – insurance reps may gather statements and information they can use to reduce the compensation they offer or even deny your claim entirely.

Refer the reps to your attorneys, do not speak directly to them, and advise your family members not to talk to them either.

Accepting an Offer Too Early

Spend some time thinking about the costs involved in the death of your loved one. The total expenses likely include medical and funeral expenses, loss of future earnings – particularly if the deceased loved one was the family’s primary income earner – compensation for the pain and suffering endured, and more.

When filing a wrongful death claim, the settlement should adequately compensate you for all these factors. Since insurance companies will offer you as little as possible, their initial offers are seldom enough.

You must carefully consider when you should accept the compensation. Once you do, there is no going back to ask for additional funds. If you’re in doubt, ask for counseling from your attorneys; they can help you determine whether the compensation is worth accepting.

Speaking Publicly About the Situation (Even Online)

Depending on the circumstances, the situation may have garnered public attention, and local media organizations may attempt to reach you for statements or comments. While it may be tempting, don’t speak about the events to media organizations or in public settings, no matter how much you wish others to know what you’re going through.

Any public statements you make can be used against you during a trial or negotiations, potentially preventing you from getting the compensation you deserve.

Similarly, anything you post publicly on social media is equivalent to making a public statement. The content of your posts can be used against you, even if you later delete them; a third party can take screenshots and save evidence of your statements.

Maintain your privacy and avoid public statements both online and offline, at least until a settlement has been reached and you’ve received compensation.

Let Us Help You

At Berg Injury Lawyers, we understand how challenging it can be for the families of wrongful death victims. Entrust your legal representation to us; we will stand up for your rights and give you compassionate legal service and counsel. Contact us today for a no-obligation, free consultation.

How Can You Prove Wrongful Death?

by Staff Blogger | November 23rd, 2020

proving wrongful deathWhen a person is fatally injured because of someone else’s negligence, surviving family members might consider filing a wrongful death claim to get compensation for their losses. Because someone’s life was lost and a family is forced to deal with the consequences, so much is at stake in these claims. Proceeding with a wrongful death claim requires plenty of evidence and proof. But what does it take to prove wrongful death?

Proving Wrongful Death: The 3 Basic Elements of a Wrongful Death Claim

To win a wrongful death case, claimants (those who file the claim) must first prove that certain elements exist. Those three elements are:
  1. Duty of care—This means that the party allegedly at fault for the death had a responsibility toward the safety of the deceased. If a wrongful death occurred in a car accident, then the duty of care was following traffic laws. If the death occurred in the workplace, the duty of care would be that of the employer to keep employees safe.
  2. A violation of that duty—If duty of care is established, the claimants must prove that the duty wasn’t carried out by the at-fault party. Using our car accident example, a driver might have breached the duty of care when they drove while intoxicated. For a workplace death, the employer might not have provided the appropriate safety equipment to their employee.
  3. That breach of duty caused the death—Finally, the claimants must prove that the violation of duty caused the death. For example, a driver collided into the deceased because they were intoxicated, or the employer’s failure to provide safety equipment caused the worker’s death.
The parties filing the wrongful death claim will then list the damages they’ve suffered because of their loss. In California, wrongful death actions can include damages such as the loss of love, companionship, comfort, care, protection, affection, and both emotional and financial support.

What Evidence Is Used to Prove Wrongful Death?

Wrongful death attorneys will often look for hard evidence to prove that the deceased’s passing was caused by the negligence of another party. For wrongful deaths in vehicle accidents, this could include:
  • Obtaining the police report
  • Interviewing witnesses of the crash
  • Consulting experts about the potential causes of the crash
  • Reviewing any available footage of the crash
The attorney will then use the evidence they’ve uncovered to link the breach of the allegedly at-fault party’s duty of care to the passing of the deceased. In a workplace wrongful death case, an attorney might use similar strategies, including:
  • Interviewing coworkers or other potential witnesses of the incident that led to the worker’s death
  • Obtaining security camera footage of the incident
  • Consulting experts to prove the negligence of the employer
  • Reviewing other breaches of the employer’s duty of care to look for a pattern of negligence

We Represent Families of Wrongful Death Victims in California

At Berg Injury Lawyers, we have years of experience standing up for the rights of grieving family members. We know how complicated and delicate these cases can be, so we make sure our clients get the compassionate, dedicated legal service they deserve. If you’d like to speak to a California wrongful death attorney, contact Berg Injury Lawyers today for a free consultation.

You Need a Caring Law Firm to Handle Your Wrongful Death Claim

by Staff Blogger | January 20th, 2020

If your loved one died because of someone else’s negligence, it’s important to have a law firm on your side that is dedicated both to getting you maximum compensation and ensuring your needs are taken care of. Losing a loved one is one of the most difficult experiences in life, especially when the loss was preventable and due to carelessness or even corporate greed. That’s why simply getting compensation isn’t always enough. At Berg Injury Lawyers, our California wrongful death attorneys know what you’re going through. When you contact us, it’s our job to treat you and your family members with compassion, care, and sensitivity. We’ll work hard to get you the money you deserve for medical bills, lost wages, pain and suffering, funeral expenses, and more, while also doing everything we can to honor your loved one’s memory. Whether your loved one died as a result of a road accident, a workplace accident, medical malpractice, or any other preventable cause, we want to be your advocate. We know that insurance companies are often reluctant to pay surviving family members the money they’re owed after their losses, even when there’s plenty of evidence that shows victims weren’t at fault for their own accidents and injuries. That’s why we never give up, and we work hard to hold liable parties accountable for the damages they’ve caused. Contact us today for a free consultation. You’ve gone through enough already—let us help you honor your loved one’s memory and get full compensation for your loss.

3 Common Accidents That Lead to Wrongful Death Claims

by Staff Blogger | November 11th, 2019

At Berg Injury Lawyers, it’s our goal to help people who have been injured because of other people’s or parties’ negligence. And while most of the claims we build are for people who suffered serious injuries, we also build claims for the surviving loved ones of victims of fatal accidents. When someone dies as a result of others’ negligence, their family members can pursue compensation via a wrongful death claim—and it’s our job to provide them the legal representation they need. There are many types of accidents and injuries that can result in wrongful deaths. However, our California wrongful death lawyers know that certain accident types are more likely to result in deaths than others, including:
  1. Auto accidents—Wrongful deaths can occur when drivers break the rules of the road. Whether they’re speeding, driving while impaired, driving while intoxicated, or running red lights, negligent drivers can cause serious and even fatal injuries to others.
  2. Motorcycle accidents—Motorcyclists are vulnerable on California’s roadways. Their only protection comes from their riding gear, and it’s not always enough to prevent serious injuries. When other drivers fail to look out for motorcyclists, they can cause fatal accidents.
  3. Truck accidents—The trucking industry is strictly regulated and governed in the U.S. The Federal Motor Carrier Safety Administration has its own bylaws that truck drivers, companies, and owners must abide by. When they fail to abide by those rules, fatal crashes can occur.
If your loved one was killed in an accident that wasn’t their fault, you may be eligible to get compensation for medical bills, lost wages, loss of companionship, and more. Contact us today for a free consultation.

Do You Need a Lawyer for a Wrongful Death Claim?

by Staff Blogger | September 2nd, 2019

If you recently lost a loved one because of another person’s or party’s negligence, you’re not just grieving your family’s loss—you’re probably also worried about how you’ll keep your heads above water. The death of a loved one isn’t just a traumatic experience, but also one that can make it difficult for families financially due to lost income. And when they’re already facing medical bills and funeral costs, the expenses may simply be too much for surviving family members to bear. You can file a wrongful death claim if your loved one’s death was preventable, but getting compensation isn’t easy. The responsible party’s insurance company will work hard to reduce or deny your claim, and if you don’t have experience in these types of lawsuits, you may be unable to fight back effectively. In addition, insurance companies are adept at finding ways to get claimants to jeopardize their own claims via lengthy and confusing paperwork, leading questions, and arbitrary time limits. Having an experienced California wrongful death lawyer on your side can help you avoid these potential pitfalls. At Berg Injury Lawyers, we know the tactics insurance companies use to get out of paying surviving family members the money they deserve, and we’ll work hard to protect your claim and your rights to compensation. Contact us today for a free consultation to find out how we can help your family.

Don’t Go It Alone After Your Loved One’s Wrongful Death

by Staff Blogger | July 1st, 2019

Losing a loved one is a traumatic and stressful experience. It can be difficult to cope with the demands of daily life when you’re grieving your loss, especially when your loved one was the primary income earner for your household. The costs associated with the death of a family member can be enormous. You may be facing expensive medical bills and funeral costs, but your family’s income may be significantly reduced or even eliminated altogether. Filing a wrongful death claim if your loved one’s death was caused by someone else’s negligence can help you recover compensation, but it can be difficult to win over the insurance company on your own. At Berg Injury Lawyers, our California wrongful death lawyers want to help. We know how challenging wrongful death claims can be, especially when you’re already dealing with emotional trauma and the shock of your loved one’s passing. You’re going through a difficult time already, and the last thing you need is to try and convince the insurance company that your family deserves compensation. Our legal team can handle that on your behalf while you focus on honoring your loved one’s memory and moving forward with your life. We’ll collect evidence that proves the other party’s negligence caused your loved one’s death. Then, we’ll calculate how much money you’re owed. Finally, we’ll fight to get you every penny you deserve. Contact us today for a free consultation. We’re ready to put our experience to work for you.