Frequently Asked Questions
Frequently Asked Questions Regarding Personal Injury Claims
This is very common in wrongful death cases. Under California law, multiple eligible heirs may have a right to compensation, including a spouse, children, dependent stepchildren, or sometimes even parents and siblings.
In most cases, the lawsuit is filed as a single claim on behalf of all eligible heirs, either by a personal representative of the estate or a lead plaintiff (party bringing the lawsuit). Any resulting settlement or court award is then divided among the claimants according to California’s wrongful death statutes or an agreed-upon distribution plan.
At Danko Meredith, our Bay Area wrongful death lawyers work closely with families to ensure every voice is heard and every rightful claimant receives their fair share. If disagreements arise, we help mediate and clarify entitlements, so your family can focus on healing rather than conflict.
There’s no one-size-fits-all answer, but many wrongful death cases resolve within 12 to 24 months. The timeline depends on several factors, including the strength of the evidence, whether the defendant accepts responsibility, and how complex the damages are to calculate.
Cases involving corporate defendants, such as PG&E or other large entities, may take longer, especially if they involve multiple victims, ongoing investigations, or technical questions about liability. If the case goes to trial, additional time is needed for discovery, depositions, motions, and court scheduling.
Our goal at Danko Meredith is to resolve your claim efficiently, but never at the cost of full compensation. Our wrongful death attorneys prepare every case as if it’s going to trial, which gives us leverage in negotiations and ensures we’re ready if the case must be litigated in court.
Yes. A wrongful death claim can proceed even if the defendant was never charged with a crime or was found not guilty in criminal court. Civil lawsuits are independent of criminal cases and follow different rules of evidence and proof.
This often comes as a surprise to families. They may believe a lack of criminal prosecution ends their legal options, but that’s not true. Because the burden of proof is lower in civil court, families can often succeed in a wrongful death claim even if criminal charges failed or were never brought.
The government initiates a criminal case and focuses on punishing the wrongdoer. The goal is to establish guilt “beyond a reasonable doubt,” and if convicted, the defendant may face prison, fines, probation, or other penalties. These proceedings do not result in financial compensation for the victim’s family.
In contrast, a wrongful death case is a civil action brought by surviving family members or the deceased person’s estate. The goal is to secure monetary damages for the emotional, financial, and practical losses caused by the death. Civil wrongful death claims are separate from criminal proceedings and are governed by a lower burden of proof, requiring only that it is “more likely than not” the defendant’s conduct caused the death.
In many cases, both civil and criminal proceedings may occur. For example, if a person is killed in a DUI crash, the driver may face criminal charges while also being held civilly liable for damages in a wrongful death lawsuit.
Most cases settle within 12–24 months, but trucking litigation can take longer. But rest assured, the truck accident lawyers here at Danko Meredith will keep you informed every step of the way.
Potentially, yes. In many cases, the trucking company is liable for its employees’ negligence or its own failures (such as poor maintenance or negligent hiring). At Danko Meredith, we’ll investigate the semi-truck accident thoroughly to identify all causes and contributing factors in a crash.
California follows a comparative fault system. Even if you were partly responsible, you can still recover damages; your percentage of fault will reduce your compensation.
Yes. Trucking companies have legal teams protecting their interests. Without experienced representation, it’s easy to be outmaneuvered. The truck accident lawyers at Danko Meredith will level the playing field. We’re used to taking on big companies, and we won’t back down or be intimidated.
It depends on the severity of your injury and the type of work you did before. Some clients return to modified roles; others are unable to work at all. We work with vocational and economic experts to calculate lost wages and reduced earning potential.
The timeline depends on the challenges of the case and whether it settles or goes to trial. Some cases resolve within a year; others may take longer. Our spinal cord attorneys move quickly but carefully, ensuring we capture the full scope of your injury and future needs.
Not always. Many spinal injury cases are resolved through settlement. But we prepare every case for trial from day one, which often leads to stronger settlement offers. If the other side refuses to pay what’s fair, we’ll fight for you in court.
If your family member is incapacitated due to a spinal injury, a legal guardian or close relative may be able to bring a claim on their behalf. Our spine injury attorneys will help you establish legal standing and take action to protect your loved one’s future.
