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Injury Lawyers Kermani LLP
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Maggio v. First Solar Corporation

Construction worker electrocuted on job site after safety procedure failure by First Solar Corporation. Kermani LLP recovered $51.3 Million for the Plaintiffs severe injuries.

$51.3 Million

Verdict / Settlement

Siddique v. Confidential

A child was tragically killed at a major retailer and our team fought to obtain the largest child wrongful death settlement in Georgia history.

$7.5 Million

Verdict / Settlement

Salah v. Confidential

A small company attempted to unjustly deprive our clients of their rightful share of the partnership profits. Kermani LLP's aggressive litigation led to court-ordered millions for our clients prior to the company's bankruptcy.

$4.49 Million

Verdict / Settlement

Tufele v. Confidential

Our clients were assaulted by a criminal gang at a bar. Through diligent investigation, we exposed the landlord's questionable history, resulting in a successful $3.1 Million settlement from the landlord.

$3.1 Million

Verdict / Settlement

Faiz v. Confidential

Our client's daughter experienced an incident on the freeway, resulting in her death, caused by a motorist with insufficient insurance coverage. With aggressive litigation, we obtained a big settlement from the non-liable employer for damages.

$2.35 Million

Verdict / Settlement


Find a Kermani LLP office near you

Santa Monica, CA

2719 Wilshire Blvd, Suite 250
Santa Monica, CA 90403

Tel: (424) 253-4254
Fax: (888) 959-8749

San Francisco, CA

One Sansome Street, Suite 3500
San Francisco, CA 94104

Tel: (415) 690-8234
Fax: (888) 959-8749

The worst possible outcome of a person’s negligence is the wrongful death of another person. A fatal injury isn’t something many people think of on a daily basis. However, the truth is that wrongful death happens every day. Even if the cause is an accident, the loss and the financial strain experienced by those left behind are devastating.

The California wrongful death attorneys of Kermani LLP understand the devastation impacting families and loved ones. This informative page is an educational resource on the topic of wrongful death and accidents.

Understanding Wrongful Death: What It Means and How It Occurs

Wrongful death is a civil claim against the defendant or insurance company that may be raised if the negligence of the defendant caused a fatal injury. These claims can be filed even if there is a criminal charge against the defendant. However, the focus of this page is on accidents.

One example of a potential wrongful death claim may occur when someone is driving recklessly, gets into an accident, and someone involved aside from that driver dies instantly or because of ruptured organs. The general claim is that but for the actions taken by the defendant that caused the accident, the victim wouldn’t have died. A wrongful death claim can stand alone or be filed as part of a personal injury case.

Who Can File a Wrongful Death Claim in California?

Under California law, only certain people have the legal ability to file a wrongful death claim. People entitled to filing the claim include:

  • The estate representative;
  • A surviving spouse;
  • A surviving domestic partner;
  • A surviving child;
  • An assumed spouse;
  • A child of the assumed spouse;
  • The stepchildren or minor children of the deceased;
  • A parent.

Other individuals who may receive a share of the estate may be entitled to file this claim, but it is crucial to understand that there is an order of survivors. If there is no direct lineage, then another family member or someone who would be entitled to an intestate share may then be eligible to file a claim. For example, if there are two siblings and one is unmarried and has no children and the parents of the siblings aren’t living, the surviving sibling may have an option of filing a wrongful death claim. Regardless, only one claim can be filed.

Types of Wrongful Death Claims

These types of claims often occur because of:

  • Vehicle accidents, including both truck and motorcycle accidents;
  • Construction site accidents;
  • Serious property accidents;
  • Use of a defective product;
  • An on-the-job injury or illness;
  • Medical malpractice;
  • Medical negligence;
  • Drowning;
  • An accidental poisoning;
  • A criminal act, including abuse and neglect.

Seeking Compensation for Wrongful Death

Certain elements make up this type of case, and the person bringing the case must be able to prove them. This is generally easier on and for the person filing the claim if they hire a wrongful death lawyer in California who focuses on these important claims. Elements include:

  • A legal duty owed by the defendant;
  • Showing the defendant did not uphold the duty;
  • Proving that the death of the victim occurred because of the breach. 

Compensation for this sort of claim may include:

  • Final medical expenses;
  • Final expenses;
  • Emotional damage;
  • Loss of income;
  • Loss of consortium;
  • Property damages;
  • Pain and suffering;
  • Punitive damages, in some claims.

Each one should be handled with care and filed by the State’s deadline, or statute of limitations, which is two years from the date of the death. 

How Kermani LLP Assists in Wrongful Death Claims

Kermani LLP’s wrongful death lawyer in California understands the nuances of filing, managing, and proving this type of claim. While insurance companies have the ability to pay out appropriately, they often fight these claims to pay out as little as possible. Kermani’s wrongful death lawyer represents clients and deals with the insurance company for them. The goal is to ensure that survivors are treated with dignity and appropriately compensated for their loss. 

As experienced trial attorneys, wrongful death clients can rest assured that they have the representation they need to assist with paperwork and prepare for trial.   

Why Trust Kermani LLP with Your Wrongful Death Claim

Kermani’s wrongful death lawyers in California have recovered over $50 million in total for clients. With decades of trial experience, they understand what it takes to build a strong case that helps clients receive the compensation they deserve.

Reach Out to Kermani LLP for Supportive Legal Assistance in Wrongful Death Cases in CA

Wrongful death claims are devastating, but Kermani LLP provides survivors with the legal support they need. Schedule your free consultation now to learn how the firm may be able to help you.

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Frequently Asked Questions

Ray Kermani

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How much can one sue for in a wrongful death case in California?

A wrongful death situation often leads to very substantial losses. Since the start of 2023, a new law in California caps wrongful death settlements caused by medical malpractice at $500,000. For other types of wrongful death situations, there is no cap on how much a loved one can pursue from the responsible party. In general, though, the settlement award won’t exceed the true extent of the loved one’s losses.

How is wrongful death proven in California?

All deaths are tragic and can seem ‘wrongful’, but to be considered a wrongful death under California law, the situation must have all the following elements:

  • A legal duty to provide for the care and safety of your loved one existed.
  • The responsible party failed to uphold their legal duty of care.
  • The responsible party’s failure caused the accident.
  • The accident led to the fatality of your loved one.

A legal duty of care exists in many circumstances, so it’s best to consult with an attorney if you’re not sure if your circumstances warrant a wrongful death lawsuit.

Who is eligible to recover damages in a wrongful death case in California?

After a fatal accident, the loved ones of the victim can seek out a wrongful death claim if they incur specific losses as a result of the incident. Sometimes, it makes sense for a personal representative of the deceased’s estate to file a claim.

What does the ‘one action rule’ mean in California wrongful death cases?

Since a wrongful death situation could potentially impact many individuals, there could be several individuals who want to seek out a claim. Under California’s ‘one action rule’, claimants must join together and file one claim against the responsible party rather than seeking out multiple claims against the other party.

Are punitive damages available in wrongful death lawsuits?

Yes, in some rare situations. Punitive damages are a form of compensation that gets awarded to an injured party when the other party’s negligence is extreme. Rather than being awarded with the intent to reimburse the injured party, these damages are meant to financially harm the guilty party and give them an incentive not to act similarly in the future. Punitive damages are only awarded in very limited circumstances.

Are wrongful death settlements subject to taxes in California?

For the most part, wrongful death settlement awards are not taxable in California. The one exception to this is if you are awarded punitive damages. Since punitive damages aren’t compensatory, they could be considered taxable under the law. Consult with your attorney if you need more specific details on this issue.

What types of damages are available in wrongful death cases in California?

Wrongful death damages could come in the form of compensation for medical expenses incurred prior to the passing of your loved one, funeral expenses, burial costs, expenses associated with managing your loved one’s estate, a loss of financial support, a loss of consortium, pain, and suffering, and more depending on the extent of your losses.

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Due diligence got me only so far as I went through three seemingly great law firms before finding Kermani LLP right here on yelp. They were fantastic.

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Mary W.

Former Client

When I was hurt in a bike accident last year, a friend recommended I get a lawyer and sent me to Ray Kermani. Ray and his team knew exactly what needed to be done and took care of everything.

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Anna F.

Former Client

Ray is one of the easiest people to work with. His communication is great and he always walks you through the steps. I was little down after my accident. He got me paid quickly and way more than I thought was even possible. He goes the extra mile.

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Seema P.

Former Client

The staff is super friendly, approachable and responsive. They provide one on one attention, unless most law firms that just answer calls and want you money.

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Shobeir S.

Former Client

They took what was a complicated case that most law firms wouldn't touch, and turned it into a large six figure judgment.

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Sanaz A.

Former Client

Best law firm. They know how to win a case at trial, unlike most law firms that advertise as such. They will push every button that needs to be done to win your case. I was super satisfied.

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Adil L.

Former Client