Seeking justice for the death of your loved one can be a stressful and complex process. Contact the experienced Westminster Wrongful Death Lawyers of Bisnar Chase today.
We have over 46 years of experience holding wrongdoers accountable and winning hundreds of millions in compensation for families who have lost someone to carelessness.
When you call the law offices of Bisnar Chase today, you will receive a free consultation for your wrongful death claim.
Call 949-203-3814 to speak with one of our legal team experts.
Why Choose Bisnar Chase as Your Legal Team
- Over $900M won
- 99% success rate
- Advocacy and expertise
- Thorough investigations and assessments
- Our attorneys are all trial lawyers
- We negotiate medical expenses
- Courtroom and litigation representation
- Over 46 years in California serving plaintiffs
- Five locations to find an attorney near you
- 2025 Best Law Firms in America
- 2025 Litigator of the Year
- No fee if we don’t win
- Free consultation
Westminster Wrongful Death Attorneys
Elements of a Wrongful Death Lawsuit
California Civil Code Section 377.60 provides the statutory framework for wrongful death claims in California and requires proof that the death was caused “by the wrongful act or neglect of another.”
- The death itself is what distinguishes a wrongful death claim from a personal injury claim.
- Wrongful death typically does not extend to animals.
- The death was caused by recklessness, negligence, or intentional misconduct.
- To prove negligence, you must provide a breach of duty, duty of care, and causation to collect damages.
- The decedent’s survivors must bring the wrongful death claim. This includes spouses, children, and domestic partners.
- Under certain conditions, a wrongful death lawsuit can be filed by stepchildren and legal guardians.
- Monetary damages include economic and non-economic.
- California law does NOT include punitive damages in most wrongful death cases unless a convicted felony caused the death. This is called survival actions.
Filing a wrongful death claim within the statute of limitations
The claim must be filed within the appropriate time frame, or the right to sue may be lost. In California, the general statute of limitations for wrongful death is;
- Two years from the date of the decedent’s death.
However, exceptions may apply:
- Under the California Government Claims Act, claims against a government entity require a government tort claim to be filed within 6 months.
- Discovery rule exceptions may apply if the cause of death was not immediately known or was fraudulently concealed.
Call a Westminster wrongful death lawyer at Bisnar Chase for a free consultation if you believe you qualify for a case. Call 949-203-3814.
Wrongful Death Compensation
No amount of compensation can replace the loss of a loved one, but a wrongful death claim can help a family recover from the financial hardships they may have to endure following a fatal accident.
Wrongful death occurs when an individual has been killed due to someone else’s negligence or wrongdoing. Deaths resulting from impaired driving, medical malpractice, defective products, and criminal acts are all considered wrongful deaths, and the victim’s family may seek financial compensation for their tragic loss.
In addition, you must understand the types of compensation that may be available as part of a Westminster wrongful death claim.
The following is a list of potential damages that may be included in a wrongful death claim, reflecting only a portion of what may be available:
Medical bills
If the victim survived the accident long enough to require emergency services, surgical procedures, or hospitalization, the resulting medical bills can devastate the victim’s family. The at-fault party responsible for the fatal injuries can be held accountable for the resulting medical bills.
Funeral expenses
Even a small, family-only funeral in Westminster can be costly and add up to thousands of dollars. Funeral and burial expenses can be included in a wrongful death claim.
Loss of income
Did the victim provide financial support to the claimant? A wrongful death claim should include economic losses and lost wages due to the victim’s untimely death. During the claims process, the wages that the victim would have earned from the time of the accident until when they retired will need to be calculated.
A Westminster wrongful death lawyer can determine the amount of money the family has lost due to lost wages and benefits such as insurance coverage and pension.
Loss of inheritance
Did the sudden and tragic passing of a loved one affect the amount of inheritance the claimant would have received?
Pain and suffering
If the victim survived the accident long enough to experience physical pain, emotional distress, and loss that suffering can be included in a wrongful death claim.
It is common for an attorney to research similar incidents when calculating how much compensation should be available for pain and suffering. Family members can also claim compensation for emotional distress.
Loss of consortium
How can a beloved family member’s loss of love and companionship be valued? This is a highly challenging part of a wrongful death claim, and an experienced Westminster wrongful death attorney can determine it for you.
Who Can File a Westminster Wrongful Death Claim?
Under California Law, the candidates who can file a wrongful death claim are the children, surviving spouse and the parents of the deceased. It is a mistake to assume that the party responsible for your loss will step forward to offer an adequate settlement without the pressure of civil litigation.
When the fault for the accident is clear, the insurance company responsible for the damages will likely offer an inadequate settlement to dismiss the case.
When the victim’s family accepts a settlement, they can no longer pursue further compensation for their losses. Therefore, no one should accept an offer from an insurance company without first discussing their case with an experienced Westminster wrongful death lawyer.
When the insurance company denies a claim or refuses to offer fair compensation, the victim’s family may have to pursue compensation through a wrongful death claim.
Civil lawsuits can be stressful and time-consuming, but they are often necessary to hold the at-fault party accountable for their actions.
Questions to Ask a Westminster Wrongful Death Lawyer
If you have never sought out legal representation of any kind, searching for a lawyer for a wrongful death case can be daunting.
Many doubts may arise regarding cost and who you can turn to in your family’s time of need. There are a few key questions that you should keep in mind when meeting or having a legal consultation over the phone.
What is the fee for a lawyer? Most of the time, personal injury law firms operate based on a contingency fee. A contingency fee states that you do not have to pay if the attorneys fail to win your case.
How much will I win? Many conflicts can arise in the court of law when deciding how much compensation you will receive. Your lawyer should estimate the cost of your family member’s death. Compensation will also depend on the amount of damages you have accumulated.
Who should I choose? It is always important to research your lawyer before a consultation. The Westminster wrongful death attorneys of Bisnar Chase are dedicated to winning your case and want to provide you with the best client-lawyer relationship you could possibly receive. Our legal team experts are on standby to answer any questions or doubts you have concerning your case. Contact us at 949-203-3814.
2025 Best Westminster Wrongful Death Lawyers
The knowledgeable Westminster Wrongful Death Lawyers at Bisnar Chase can help the family that has lost a loved one understand their legal rights and options. The law firm of Bisnar Chase has held a 99% success rate in winning cases for injury victims. We will fight for you, your family and seek justice for the death of your loved one.
Please call contact us today at 949-203-3814 for a free case evaluation and to find out how we can help you.
Serving California Since 1978
Bisnar Chase is a top-rated personal injury law firm with a national reputation. The firm has been in business since 1978 and has represented thousands of clients. Based in Newport Beach and with offices across California, Bisnar Chase has recovered nearly $1 billion in settlements and verdicts, emphasizing superior client representation above all.
Brian Chase
Articles and blogs have been reviewed by legal in-house staff. Brian Chase is the managing partner of Bisnar Chase Personal Injury Attorneys, LLP. He is the lead trial lawyer and oversees cases handling dangerous and defective products that injure consumers. Brian is a top-rated injury attorney with numerous legal honors and awards for his work relating to auto defects and dangerous products. His firm has recovered over $900M for its clients. Brian is a frequent speaker for CAOC, Dordick Trial College and OCTLA, covering personal injury trial techniques.
