Walnut Creek Wrongful Death Lawyer
Our attorneys are here for your family
Losing a family member or a loved one can be a traumatic experience for most people under any circumstances. But when a loved one dies due to someone else's reckless or negligent behavior, the flood of emotions can be overwhelming.
Though it may be nowhere near the front of your mind, consulting with an attorney after the loss of a loved one in a fatal personal injury accident can be an important step. There are legal issues you need to deal with. Whether you’re from Lafayette, Pleasant Hill, Clayton or anywhere in the Bay Area, your attorney can help you with these while you handle necessary arrangements and focus on what counts – mourning the loss of your loved one.
At Clancy & Diaz, LLP of Walnut Creek, California, our experienced wrongful death attorneys can help you every step of the way. We know how the legal system works in California's Bay Area and we know what needs to be done to find the facts that matter in your case.
“One hears lots of stories about hiring an injury attorney but we are very glad we were referred to Pete Clancy and Rachel Perez. They are very competent at what they do and especially fair and caring to ensure their clients receive the best settlement. Rachel made sure we were kept informed of the claim progress and both she and Pete responded immediately to any question or input we had. Trustworthy, persistent, dedicated, knowledgeable and professional, they are.
They are empathetic to the stress and anxiety one goes through with this kind of event and show real concern for their clients. I appreciate their support and skill in navigating this claim and will look for opportunities to recommend them to others.” - Lyle Y., ⭐⭐⭐⭐⭐
Google Average Rating: 4.9/5 stars, 60 reviews
FAQs About Walnut Creek Wrongful Death
- What is considered wrongful death?
- What are the elements of a wrongful death case?
- What types of wrongful death cases do we handle?
- Who can file a wrongful death claim in California?
- What compensation can be recovered in a wrongful death lawsuit?
- What is the statute of limitations for wrongful death claims in California?
- How long does a wrongful death lawsuit take?
- Will my wrongful death case go to trial?
- How much does it cost to hire a wrongful death lawyer?
- How are wrongful death settlements paid out?
- Do I need a wrongful death lawyer?
What is considered wrongful death?
Losing a loved one is one of the most difficult experiences for a family to endure. Under California law, a person who has lost a close relative or family member may have the right to take legal action against the responsible party. This action is taken in civil court and enables the family to seek financial compensation from the person or entity that caused the death of their loved one.
What are the elements of a wrongful death case?
To successfully bring a wrongful death claim, certain legal elements must be proven. Understanding these can help you see how your case may be evaluated:
- Duty of care: You must show that the at-fault party had a legal obligation to act reasonably and ensure the safety of the person who died.
- Breach of duty: It must be demonstrated that the responsible party failed to uphold their duty through negligent or reckless behavior.
- Causation: There must be a clear link between the breach of duty and the death. In other words, the fatal incident wouldn’t have happened without the at-fault party’s actions or negligence.
- Damages: Surviving family members must have suffered measurable harm due to the death. This can include financial losses (such as lost income or funeral costs) as well as emotional losses (such as loss of companionship or guidance).
A wrongful death attorney can help gather the evidence necessary to establish these elements and build a strong, well-supported case on your behalf.
What type of wrongful death cases do we handle?
These cases are referred to as "wrongful death" lawsuits and may be filed in a variety of circumstances, including after a:
- Car accident
- Truck accident
- Motorcycle accident
- Boating accident
- Airplane accident
- Drunk driving accident
- Construction accident
Who can file a wrongful death claim in California?
In California, the right to file a wrongful death lawsuit belongs to the deceased person’s:
- Surviving spouse or domestic partner
- Children
If none of the above are available, other individuals who would be entitled to the decedent’s estate include parents, grandchildren and other minor dependents. If you’re not sure if you have the right to file a wrongful death lawsuit in California, simply talk to an attorney at our law firm to learn if you can take such legal action.
What compensation can be recovered in a wrongful death lawsuit?
Families may be entitled to various types of financial compensation, including money for:
- Medical expenses
- Funeral and burial expenses
- Loss of financial support the deceased would have provided
- Loss of love, companionship, guidance, and emotional support
- The value of household services the deceased contributed
An experienced attorney can discuss the types of compensation you may be able to recover.
What is the statute of limitations for wrongful death claims in California?
In most cases, you have two years from the date of death to file a wrongful death lawsuit in California. Missing this deadline can prevent you from seeking compensation, so it’s important to speak with a Walnut Creek wrongful death attorney as soon as possible.
How long does a wrongful death lawsuit take?
The length of a wrongful death case often depends on several factors, including whether the case is complicated, how clear the evidence is, whether the responsible party admits their actions caused the death, and if the at-fault party is willing to negotiate a fair settlement. Some cases may resolve in a matter of months, while others can take a year or longer to resolve.
Having an experienced wrongful death lawyer advocating for your family can help reduce stress and increase the likelihood of a timely, favorable resolution of your case.
Will my wrongful death case go to trial?
While many wrongful death cases are resolved through settlements outside of court, not all are. A case may need to go to trial if the at-fault party denies responsibility, disputes the value of the claim, or refuses to offer fair compensation.
A wrongful death lawyer will begin by pursuing a strong settlement through negotiation, but with trial experience, they are always prepared to go to court if that becomes necessary. Your attorney can:
- Evaluate whether the settlement offer is truly fair and in your best interest.
- Handle all aspects of trial preparation, including gathering evidence, preparing witnesses, and building a compelling legal argument.
- Represent your family in court with professionalism and compassion.
- Make sure your story is heard and your rights are respected in court.
With a wrongful death attorney by your side, you’ll have the legal support and strategy needed to seek justice, whether your case settles out of court or proceeds to trial.
How much does it cost to hire a wrongful death lawyer?
Hiring a wrongful death lawyer at Clancy & Diaz, LLP doesn’t come with any upfront costs. We work on a contingency fee basis, meaning our fee is simply a fixed percentage of the compensation we recover for you. If we don’t win your case, you don’t pay us anything—no legal bills, no surprise fees, no risk to you.
This approach gives families access to experienced legal representation without the added burden of paying out-of-pocket during an already emotionally and financially overwhelming time. It levels the playing field against insurance companies and allows you to focus on healing, knowing that we’re fully invested in securing the justice and compensation your family deserves.
How are wrongful death settlements paid out?
Wrongful death settlements can be paid out in different ways, depending on the specifics of the case and the needs of the surviving family members. The two most common methods are:
- Lump sum payments: This is a one-time payment of the entire settlement amount. Many families prefer this option because it provides immediate access to funds that can help cover funeral expenses, outstanding medical bills, lost income, and other urgent financial needs.
- Structured settlements: With this option, the compensation is paid out over time in scheduled installments. Structured settlements can provide long-term financial security by offering steady income for years to come. This may be ideal in cases where the loss of the deceased significantly impacts the family’s future financial stability.
Do I need a wrongful death lawyer?
After losing a loved one, the last thing most families want to deal with is a legal case. But the reality is, wrongful death claims can be complicated, and the stakes are high. A lawyer can handle the legal process for you, giving your family the space and time you need to grieve and begin healing.
Your attorney can help you in many different ways, including investigating what happened, gathering evidence, dealing with insurance companies, and making sure your family’s rights are protected. An experienced wrongful death attorney can also fight for the full compensation your family may be owed, so you’re not left struggling financially on top of everything else.
At Clancy & Diaz, LLP, we’re here to support you during this difficult time and take on the legal burden so you don’t have to do so.
Learn how we can help you
At Clancy & Diaz, LLP we represent families throughout the Oakland and Walnut Creek and Antioch areas who need to take legal action after the loss of a loved one. When you work with a Walnut Creek injury lawyer at our law firm, you can be assured that we will offer you the personalized attention and compassion you deserve while we work to resolve your wrongful death claim.
We bring years of knowledge and experience to every wrongful death case we handle at our law firm. And we take each case very personally. That's because we know that your family's financial future could be at stake.
We never take anything for granted at Clancy & Diaz, LLP when it comes to wrongful death cases. We rigorously investigate each accident. We review accident reports, medical records and interview anyone who might know something about the incident.
Find out how we can help your family. Contact us and schedule an appointment today. Not only is your initial consultation free, but you pay no legal fees unless we recover a settlement or win a jury award on your behalf. That's how we work. That's why we win.