Our Team Works Together To Fight For You

  1. Home
  2.  » 
  3. Wrongful Death
  4.  » Wrongful Death FAQ

Answers For Your Many Questions About Wrongful Death

Last updated on August 31, 2023

At Rencher Law Group, P.C., we have worked with thousands of clients in San Francisco and San Diego to hold negligent parties accountable following a wrongful death incident. We are prepared to assist you with every step of the wrongful death claims process.

Clients often come to us with more questions than they can ask us in one sitting. You no doubt have numerous questions, too – about your legal options, the administrative steps and more. On this page, we have answered a few of the questions that our attorneys hear most often.

How are wrongful death settlements paid out?

If you settle a claim involving death with an insurance company, an individual or a business entity, there are a few options for payment. Generally, the money goes to the deceased person’s estate, which first pays any existing medical and funeral bills. Then, the rest of the money may go to the decedent’s spouse and children.

Who can sue for wrongful death?

In California, one of the following parties can file the wrongful death lawsuit:

  • The decedent’s spouse
  • The decedent’s children
  • The decedent’s grandchildren, if the decedent’s adult children have also died

If the deceased person was unmarried and had no children, the state’s intestate succession laws stipulate that parents or siblings may also sue.

When do you have a wrongful death cause?

Surviving family members can file a wrongful death claim when their loved one’s death was caused by the negligence or intentional wrongful act of another party. In these cases, the victim would have been able to make a personal injury claim if they had survived.

How does wrongful death DUI differ from wrongful death?

California law allows families to recover a variety of damages after the wrongful death of their loved one, including funds to cover funeral and medical costs and to address the emotional toll of the death. In cases when drunk driving led to a fatal accident, families may be able to claim additional punitive damages. These damages are intended to punish a drunk driver for their wrongdoing.

Who pays for a wrongful death claim?

The other party’s insurance provider usually pays the settlement or award for a wrongful death claim. Some cases may also involve one individual person or a business entity. If the at-fault party did not have enough liability coverage to pay your damages, they may have to pay your claim out of pocket.

Do I need to pay to hire an attorney for my wrongful death claim?

Not when you work with us at Rencher Law Group, P.C. Our lawyers work on a contingency fee basis. We do not charge you anything upfront. Instead, you will pay a small fraction of any recovery we make. If we do not recover compensation, you do not owe us any payment.

We Are Here To Help

When you need the service of skilled lawyers who understand wrongful death claims, turn to us at Rencher Law Group, P.C. Our team combines efficiency with compassion to help you through this painful time. To set up a free initial consultation, please contact us by calling 415-877-4486 or filling out our online contact form.