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Wrongful Death Lawyer

Wrongful Death Lawyer in the San Francisco Bay Area, California

Wrongful death attorney Bay Area

Compassionate, Experienced Legal Help for Families Seeking Justice

When a loved one's life is tragically cut short because of another person's negligence, recklessness, or intentional wrongdoing, surviving family members have the right to seek justice through a wrongful death claim.

At Ginny Walia Law Offices, our California wrongful death lawyers serve clients throughout the San Francisco Bay Area, including Alameda County, Santa Clara County, Contra Costa County, and San Joaquin County, helping families recover compensation and find closure after devastating loss.


Understanding Wrongful Death Under California Law

A wrongful death occurs when a person's death is caused by the negligent, careless, or intentional act of another individual or entity. The right to bring a wrongful death claim is governed by California Code of Civil Procedure § 377.60, which allows certain surviving family members to pursue compensation for their losses.

Common causes of wrongful death in California include:

Whether the death resulted from a fatal car crash in San Jose, a construction site accident in Oakland, or medical negligence in Fremont, our Bay Area wrongful death attorneys have the experience to handle complex litigation and negotiate aggressively for maximum compensation.


Who Can File a Wrongful Death Claim in California?

Only certain individuals are legally allowed to bring a wrongful death lawsuit. Under California Code of Civil Procedure § 377.60, the following parties may be eligible:

  • The surviving spouse or registered domestic partner
  • The children of the deceased
  • The grandchildren, if the deceased's children are no longer living
  • Parents, stepchildren, or other dependents who relied on the deceased for financial support

If you are unsure whether you qualify, our wrongful death lawyers can help determine your eligibility and guide you through every stage of the process.


What Compensation Can Families Recover in a Wrongful Death Case?

Wrongful death damages are designed to cover both economic and non-economic losses caused by a loved one's death.

Economic Damages:

  • Loss of financial support, income, and benefits
  • Funeral and burial expenses
  • The value of household services provided by the deceased

Non-Economic Damages:

  • Loss of love, companionship, comfort, and moral support
  • Loss of consortium (for spouses and partners)
  • Emotional distress and mental anguish

If the death involved gross negligence or intentional misconduct, a separate survival action may also seek punitive damages under California Code of Civil Procedure § 377.30, allowing the estate to recover compensation for the decedent's pain and suffering before death.


California's Statute of Limitations for Wrongful Death Lawsuits

In California, you generally have two years from the date of death to file a wrongful death lawsuit (Code of Civil Procedure § 335.1). However, some exceptions apply:

  • Medical malpractice wrongful death claims must usually be filed within one year of discovery.
  • Claims against a government entity (e.g., city, county, or state) require a government claim within six months of the death.

Failing to act within these timeframes can result in losing your right to compensation. Our Bay Area wrongful death attorneys ensure all filings are timely and strategically prepared.


How Wrongful Death Claims Work in California

Filing a wrongful death claim involves multiple steps that can feel overwhelming while you are grieving. Ginny Walia Law Offices will handle every aspect of your case, including:

  1. Initial consultation and case evaluation
  2. Investigation and evidence collection - including police reports, medical records, accident reconstruction, and expert witness testimony
  3. Determination of liability - identifying all responsible parties (e.g., drivers, employers, manufacturers, hospitals)
  4. Filing the wrongful death lawsuit
  5. Negotiation with insurance companies for fair settlements
  6. Litigation and trial, if necessary, to secure full justice

We combine compassionate client care with strategic legal action to achieve the best possible outcomes for our clients.


Why Choose Ginny Walia Law Offices for a Wrongful Death Case

For more than 20 years, Ginny Walia Law Offices has represented clients across the San Francisco Bay Area in personal injury and wrongful death cases. We understand that your case is about more than money - it's about accountability, justice, and honoring your loved one's memory.

Our firm offers:

  • Proven courtroom advocacy in wrongful death and catastrophic injury cases
  • Personalized legal strategy tailored to your family's needs
  • Local experience with courts in Alameda, Santa Clara, Contra Costa, and San Joaquin counties
  • No upfront fees - you pay only if we win

Local Areas We Serve

We represent families across:

  • Alameda County: Fremont, Oakland, Berkeley, Hayward, Pleasanton
  • Santa Clara County: San Jose, Sunnyvale, Santa Clara, Palo Alto, Milpitas
  • Contra Costa County: Walnut Creek, Concord, Richmond, Antioch
  • San Joaquin County: Stockton, Tracy, Manteca, Lodi

If you're searching for a wrongful death lawyer near me, Bay Area wrongful death attorney, or California wrongful death law firm, Ginny Walia Law Offices is here to help.

Contact Our Bay Area Wrongful Death Attorneys for a Free Consultation

If you've lost a loved one in a fatal accident caused by negligence, contact Ginny Walia Law Offices for a free consultation. We are committed to helping families in Alameda, Santa Clara, Contra Costa, and San Joaquin Counties find justice, accountability, and financial stability.

Wrongful Death FAQs

A wrongful death occurs when a person dies due to another's negligent, reckless, or intentional act — such as a car accident, medical error, or defective product.

Most wrongful death lawsuits must be filed within two years of the date of death. Exceptions apply to medical malpractice and government-related claims.

A wrongful death claim compensates surviving family members for their losses, while a survival action seeks damages the deceased could have claimed had they lived, including medical expenses and pain and suffering.

The court may divide damages among eligible heirs based on their financial dependence and relationship to the deceased, following California intestate succession laws.

Yes. You must show that the defendant owed a duty of care, breached that duty, and that the breach caused your loved one's death. Our attorneys gather the evidence necessary to prove liability.

At Ginny Walia Law Offices, we work on a contingency fee basis — meaning you pay no legal fees unless we win your case.

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