Napa Wrongful Death Lawyers

We Partner with You to Achieve the Best Results.

No one ever anticipates needing a wrongful death lawyer, but if you find yourself experiencing the unexpected loss of a loved one, having one on your side can help you shoulder the burden through this difficult time.

Coping with the death of a loved one is never easy, and can seem even more difficult when you believe their death was preventable.

The last thing you want to deal with at the moment is the complex California legal system, and though no amount of monetary compensation can ever make up for your unimaginable loss, filing a wrongful death lawsuit is a means to help you achieve justice and reduce the financial hardship on you and your family.

An experienced Napa wrongful death lawyer can help you obtain the meaningful compensation you deserve, letting you and your family focus on mental and emotional healing.

$4,500,000.00 Verdict Personal Injury | 2 Fingers Amputated

$1,500,000.00 Settlement Car Accident | Reckless Driving, Neck Injury

$1,450,000.00 Settlement Wrongful Death | Tree Fell Onto Roadway

$800,000.00 Settlement Car Accident | Rear-End Collision, Fractured Spine

$650,000.00 Settlement Motorcycle Accident | Broken Bones & Brain Injury

$575,000.00 Settlement Bicycle Accident | Struck by Vehicle

$550,000.00 Settlement Pedestrian Accident | Struck by Vehicle at Car Wash

$500,000.00 Settlement Bicycle Accident | Hit by Driver, Broken Ankle

$450,000.00 Settlement Personal Injury | Medical Transport Company Failed to Secure Passenger in Wheelchair, Broken Leg

$450,000.00 Settlement Motorcycle Accident | Broken Foot

$410,000.00 Settlement Premises Liability | Fall Through Rotted Stairs

$350,000.00 Settlement Pedestrian Accident | Crosswalk Injury

$300,000.00 Settlement Pedestrian Accident | Struck by Car, Broken Leg

$300,000.00 Settlement Car Accident | Unsafe Lane Change, Broken Wrist, PTSD

$300,000.00 Settlement Pedestrian Accident | Poorly Designed Parking Lot, Broken Leg

$296,000.00 Settlement Car Accident | T-Boned, Neck Fracture

$225,000.00 Settlement Premises Liability | Fall on Business Property, 2 Broken Wrists

$215,000.00 Settlement Car Accident | Rear-End Collision, Back Injury

$195,000.00 Settlement Premises Liability | Trip on Dangerous Sidewalk, Broken Ankle

$178,000.00 Settlement Premises Liability | Fall Through Rental Property Deck, Knee Injury

$175,000.00 Settlement Premises Liability | Faulty Business Roof Hatch, Injury

$175,000.00 Settlement Pedestrian Accident | Gas Station Attendant Struck by Customer's Car

$175,000.00 Settlement Personal Injury | Medical Transport Company Failed to Secure Passenger in Wheelchair

$150,000.00 Settlement Car Accident | Dangerous Freeway Driver, Fractured Ribs & Back Injury

$150,000.00 Settlement Personal Injury | Claim Against Dialysis Center

$135,000.00 Settlement Premises Liability | Icy Sidewalk Fall, Torn Rotator Cuff

$115,000.00 Settlement Premises Liability | Slippery Event Center Floor, Knee Injury

$115,000.00 Settlement Pedestrian Accident | Crosswalk Knee Injury

$100,000.00 Policy Limits Settlement Car Accident | Auto Collision, Soft Tissue Neck & Back Injuries

$100,000.00 Settlement Auto Accident | Drunk Driver, Torn Rotator Cuff

$100,000.00 Settlement Personal Injury | Truck Driver Assaulted at Loading Doc

$90,000.00 Settlement Auto Accident | Poorly Parked Truck in Road, Broken Hand

$90,000.00 Settlement Premises Liability | Dangerous School Sidewalk, Broken Finger

$90,000.00 Settlement Premises Liability | Poorly Installed Carpet on Apartment Stairs

$77,500.00 Settlement Premises Liability | Misleveled Elevator, Injury

$75,000.00 Settlement Premises Liability | Dangerous Condition at Home Improvement Store

$70,000.00 Settlement Product Liability | Fall from Defective Knee Walker

$50,000.00 Settlement Product Liability | Defective Barstool, Broken Arm

$35,000.00 Settlement Personal Injury | Nurse Spilled Hot Water on Toddler, Burns

$30,000.00 Settlement Personal Injury | Unsafe Park Table, Leg Injury

$30,000.00 Settlement Personal Injury | Improper Playground Supervision, Child Injured

Hundreds of Millions Recovered

And 40 Years in Practice The case results listed are actual settlement and verdict results from cases recently handled by us. Because the facts and circumstances of every case are different, the results of other cases are not a guarantee of similar results in other cases. The results below do not include all cases, but they include a sample of different types of cases and show how much those results can vary.

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Awards & Affiliations

Wells Call Injury Lawyers, has been honored for its professionalism, legal experience, and client care while handling personal injury law.
Below are some of the ways we’ve been recognized.

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What Constitutes a Wrongful Death Claim in California?

When someone dies as a result of the negligent or intentional action or inaction of another person or party, a wrongful death claim may arise. Certain surviving family members may have the right to file a lawsuit against the negligent party.

Four elements must be present to bring a wrongful death claim. Your Napa wrongful death attorney will be able to listen to the facts of your case and help you determine whether or not all of these elements are satisfied and can be proven.

Negligence

Negligence is the failure to behave with the level of care that a reasonable person would have exercised under the same circumstances. In a wrongful death claim, you must be able to show that the death was caused either in whole or in part by the defendant’s failure to act as a reasonable person.

Death Occurred

Though this seems like an obvious element, it can be a relevant question when the person is injured to the point where they are still alive but in a vegetative state. Regardless of the seriousness of their injuries, this cause of action only applies if they are deceased.

Causation

The defendant’s negligent action or inaction must have caused or been a substantial factor in the victim’s death. This essentially means that the victim would still be alive if the defendant had behaved reasonably.

Actual Damages

The plaintiff must have suffered substantial, compensable loss because of the death. This damage often involves financial expenses as well as mental and emotional hardship.

Who Can File a Wrongful Death Lawsuit?

Every state has different rules regarding who can file a wrongful death lawsuit, generally revolving around the plaintiff’s kinship or other relatives. Under California law, the people who can file a wrongful death claim include the following individuals:

Surviving spouse or domestic partner,
Surviving children, and
Surviving grandchildren.

Sometimes, the decedent may have no surviving family members that fit the above categories. If that happens, California law allows any individual who would be entitled to the property of the decedent by intestate succession to file a lawsuit.

Intestate succession is the order of priority of relatives that receive the decedent’s property if there is no will. For instance, if the siblings or parents of the deceased qualify as dependents of the decedent, they would be able to file a claim for wrongful death.

Other individuals who may be eligible to file a claim include:

Legal guardians of the decendent,
The decendent’s stepchildren, and
The decendent’s parents.

Identifying the proper party to bring a wrongful death claim can be especially tricky. An experienced Napa wrongful death lawyer will be able to help you determine who is eligible to file a wrongful death claim in your specific case.

How Do You Prove Wrongful Death?

Accidents indeed happen, and not all fatal accidents are the fault of someone else’s negligent behavior. In civil court cases, the plaintiff bears the responsibility of demonstrating that the accusation against the defendant is more than likely true.

Collecting evidence is crucial to proving what happened, which is why your Napa wrongful death lawyer will likely conduct an independent investigation into your case. They can ensure all evidence is obtained and preserved to be presented at trial if necessary.

The type of evidence needed differs for each claim. Some common examples of evidence in a wrongful death case include witness testimony, medical records, police reports, accident reports, images, and video footage.

How to File a Wrongful Death Claim in Napa

Claims for wrongful death are filed through the Civil Division of Napa County Superior Court. In some situations, a case may also be brought by the state in criminal court. This is usually reserved for when the death is deemed intentional, but that is not always true.

Civil cases have a lower burden of proof. Punishment for the defendant is purely financial compensation. Criminal cases have a higher burden of proof and may result in fines, probation, or incarceration. The two cases are not dependent on one another.

Not all cases go to trial. A majority of claims are settled in place of litigation, saving both parties time and resources. Though there are benefits to accepting a settlement, it is important to ensure that you are not settling for less than the actual value of your claim.

Once an agreement is made, you give up the right to request additional compensation. Trial may be the best option for your situation.

An experienced Napa wrongful death attorney can help you file your case in the civil court system, navigate the legal process, and ensure you receive the compensation you deserve.

California Wrongful Death Statute of Limitations

It is reasonable that grieving the loss of your loved one would take a level of priority over filing a wrongful death lawsuit, but there are some limitations. In California, you have up to two years from the date the death occurs to file a wrongful death claim.

This limitation exists to protect defendants from a perpetual threat of legal action and to help ensure that there is still ample evidence to prove the case on either side.

Over time, memories fade, documents get lost and witnesses may be harder to find. If your claim is not filed within the two-year statute of limitations, you may be barred from legal recovery.

There are some exceptions to this rule, which your Napa wrongful death lawyer can review with you. Take time to process, but file your claim as soon as reasonably possible to give yourself the best chance of making a successful case against the negligent party.

Professionalism, Quality, Responsiveness, Value “I hired this firm and hired Mr. Steven Clawson as my lawyer to represent me in my personal injury accident case where I was hot from behind. Steve was very helpful and knowledgeable and showed me the whole process right at the 1st meeting in way I would understand. His team member Christian was also very helpful and knowledgeable and handled my case very well to get my case settled to my satisfaction. I recommend this firm to everyone locally in Solano County for any personal injury matter.” - Neevbest P. Jan. 2020 Via Google

Ben Scott did an amazing job “My boyfriend and I had experienced our first car accident and we sought out to see what our options were as we had several things to figure out, such as medical bills, damaged property/car, etc. Ben Scott did an amazing job at walking us through the entire process, especially as we had never done this before and were unfamiliar with what options were available to us. He was also very kind and responsive when we checked in for updates, especially during the pandemic.” - Nicole L. Feb. 2021 Via Google

Everyone in this Law office was always available for questions! “Was very attentive....made my recovery easier knowing they would take care of my case. They were very through! Everyone in this Law office was always available for questions!” - Amado A. Apr. 2020 Via Google

Very satisfied with the outcome of the case “Very satisfied with the outcome of the case they handled for my wife. Great, caring, and very personal service.” - Todd L. Feb. 2021 Via Google

*We value our clients’ personal and private lives. We have removed the names from these reviews for client discretion.

5 Reasons People Choose Us

We Win Hundreds of millions of dollars were recovered for injured plaintiffs in California.

We Are Here for Our Clients At Wells Call Injury Lawyers, we are dedicated to getting you started on the road to recovery, which means helping you obtain the medical treatment you need, dealing with the insurance companies and pursuing the maximum amount of compensation.

Habla Espanol Entendemos que California es una comunidad diversa que se beneficia en gran medida de nuestra población hispana. Para garantizar que el idioma nunca sea un obstáculo para la justicia, tenemos abogados y miembros de nuestro personal interno que ofrece servicios de traducción gratuitos para nuestros clientes hispanohablantes. Llámenos hoy 707-289-8813.

No Fees Unless You Win We won’t charge our clients a fee unless we successfully secure a settlement or judgment. Case reviews are always free.

Contact a Napa Wrongful Death Lawyer

Since 1984, the team at Wells Call Injury Lawyers has helped Californians like you recover the compensation they need to move forward after the loss of a loved one.

Our attorneys can put their decades of collective experience to work for you to ensure you have the resources you need to make it through this difficult time.

We can help you determine the strengths of your case, the proper family member to file the wrongful death claim, the value of your claim, what evidence is available to prove the claim, and the best legal strategy for your unique case.