Wrongful Death plaintiffs choose Bisnar & Chase

If you suspect or know that a family member has died due to negligence, known as wrongful death, call or email us immediately. An experienced California wrongful death attorney will promptly counsel you on your rights and options. It is vitally important to take action quickly to secure evidence and file appropriate claims.

The party or persons responsible for the wrongful death is most likely conducting an investigation and preparing their defense. Bisnar & Chase offers consultations and initial evaluations without cost or obligation and are always confidential. Call now, 888-8INJURY or 800-946-0123.

Wrongful Death is a death caused by the negligence, wrongful act, statutory liability or omission of another and serves as the basis for a civil action for damages on behalf of the decedent's heirs.

Older cases, known as common law, provided no right to recover civil damages for wrongful death. To compensate for this gap in the law, each State has enacted their own statutes to provide for specified classes of heirs to recover for their losses due to the wrongful death of a close family member. Therefore, wrongful death laws differ in each State. There are very strict time limits within which an heir must take appropriate action to protect their rights in a wrongful death claim. Failure to comply with these time limits will terminate all rights to a wrongful death claim. Some time limits are as short as six months.

It is difficult enough to cope with the death of a loved one, but when the death was caused by the negligence of another, the effects are intensified. Amidst the pain and sorrow, you know that an injustice has occurred, but you are not sure what your options are or where to begin. That is where we come in. We can help.

Bisnar & Chase Wrongful Death Attorneys

An unexpected death, especially a wrongful death, creates devastation for family members which words can hardly begin to describe. The California wrongful death attorneys at Bisnar & Chase work with you and your family to quickly resolve the outstanding economic and emotional hardship caused by the tragic loss of your loved one, even if the death occurred in another State. We strive to hold wrongdoers accountable for the results of their negligent acts and omissions by pursuing punitive damages in appropriate cases. We are determined to recover all compensation entitled to our clients.

Tort Liability and Wrongful Deaths in California

You might not believe in holding responsible parties accountable for the accidental death of your loved one. Regardless of your personal beliefs about litigation, your family may suffer a significant financial loss associated with your family member's wrongful death. Whether it is the loss of family income or the loss of the love attention, guidance, solace and companionship of your deceased loved one, litigation may be your only choice to save the family's financial livelihood and restore some semblance of order to their lives. California and every other State has provisions in their laws to allow surviving family members who have been harmed as a result of another's negligence, to seek fair compensation. Whether the responsible party is a careless private person, a negligent corporation or a bumbling governmental agency, there are provisions for holding wrongdoers accountable. If a reckless or careless act or omission caused the death of your loved one, contacting Bisnar & Chase (or another highly experienced, dedicated and prominent wrongful death law firm) is a crucial step toward preventing further losses.

In all States, including California, surviving family members, have limited time to seek compensation, especially if the death was caused by a governmental agency. The laws of each State differ as to who can recover compensation for the loss of a family member. Surviving family members will need a team of lawyers who have the skill, reputation, financial resources, manpower and intestinal fortitude to stand up to wrongdoers no matter their strength, resources or standing. The family members need a firm that can sustain the financial and time costs of successfully navigating their claim through court systems. Our wrongful death attorneys have more than 80 years of experience managing the intricacies of successfully litigating wrongful death cases. The firm has had a "No-Fee-Until-We-Win" policy since 1978. See our "Results" page.

The elements to proving a wrongful death: Duty, Breach, Causation, Damage The attorneys of Bisnar & Chase pursue legal remedies to your wrongful death claim by breaking down the elements of the law to prove your case. A wrongful death, generally referred to as a tort claim (although a creature of a statute rather than common law), requires four critical elements: duty, breach causation and damage. The litigation process requires Bisnar & Chase to prove that your loved one died as a result of a negligent act (or omission) by a person or business who failed to use a reasonable amount of care. Courts generally follow a duty concept where companies or persons engaged in risk-creating conduct generally owe a higher duty to avoid causing foreseeable personal injuries to foreseeable plaintiffs.

During a trial of a wrongful death case, a jury determines whether or not there is a preponderance of evidence to find the defendant responsible for damages suffered. This preponderance of evidence creates a lower burden of proof than one used in criminal proceedings. Criminal proceedings hold defendants guilty of causing wrongful death beyond a reasonable doubt, whereas personal injury cases, tried in a civil court, require the plaintiff to prove that the defendant is more likely than not, responsible for causing the wrongful death.

Damages available in Wrongful Death Claims

In California and nearly every other State, wrongful death plaintiffs (surviving family members) are entitled to compensation for:

1. All medical and funeral expenses
2. Compensation for loss of financial support
3. Reimbursement for future services normally provided by the deceased
4. Compensation for loss of love, attention, affection, guidance and companionship
5. Punitive damages, where legally appropriate

Negligent parties many times choose to settle wrongful death claims when faced with deserving family members represented by strong and industry-known lawyers, according to our experience at Bisnar & Chase. Most times in wrongful death cases, negligent corporations will insist on the terms of these settlements to be kept confidential.

Winning a wrongful death case

Bisnar & Chase has the skill, resources and tenacity to overcome the expertise of prominent legal teams hired by corporate America, such as Merck, the maker of Vioxx, Ford, Wal-Mart and Carl's Jr., to name a few recent defendants. Even if you don't believe negligent companies should be held financially accountable for causing accidental deaths, your loved one deserves a fair trial with balanced representation to determine negligence. These verdicts prevent future wrongful deaths by discouraging irresponsible behavior by careless companies, individuals and governmental agencies.

From victims of drunken drivers to fatal side effects of pharmaceuticals and defective automobiles, wrongful death claims continue to shape our world by imposing higher levels of accountability for preventable harm. Bisnar & Chase wages war on the careless and irresponsible who ignore opportunities to make safe choices that contribute to preventing fatal injuries. Our multi-million dollar recoveries hold wrongdoers accountable, punish their irresponsible behavior and act as a warning to others to uphold their social and legal responsibilities. This process encourages responsible behavior and may be instrumental in preventing additional families from suffering tragedies similar to your own.