Injured on the Job? Do This First

Practice Areas  /  Catastrophic Injury & Wrongful Death

Catastrophic Injury & Wrongful Death

When injuries are life-altering or fatal, families need attorneys who will fight for the maximum recovery — and who understand what's really at stake.

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A catastrophic injury or death in your family changes everything in an instant. The medical bills, the lost income, the long-term care needs, the emotional devastation — all of it hits at once. When that injury or death was caused by someone else's negligence, the law provides a path to hold them accountable and recover the compensation your family needs to move forward.

Arns Davis Law has handled serious injury and death cases for over 40 years. Our experience spans construction accidents, vehicle collisions, industrial explosions, burns, toxic chemical exposure, premises liability, animal attacks, highway defects, aviation incidents, and more. We've recovered tens of millions of dollars for families in the most difficult circumstances imaginable — and we approach every case with both the aggressive advocacy and the human compassion these situations demand.

Personal injury cases require proving that the defendant caused the injury and violated a duty of care. Wrongful death claims are brought by the family or heirs of someone killed by negligence, seeking compensation for loss of financial support, loss of companionship, and other damages. The right to file a personal injury claim often survives the death of the injured person, meaning the family can pursue both a survival action and a wrongful death claim.

Timing matters. Most personal injury lawsuits must be filed within two years of the incident. Claims against government entities require a notice of claim within just six months. Because the deadlines vary depending on the theory of liability and the defendants involved, consulting an experienced attorney as soon as possible is critical. Early retention means preserving evidence, interviewing witnesses while memories are fresh, and ordering defendants to preserve documents and communications.

$45M Confidential pre-trial settlement
$27M Union worker catastrophically injured on the job
$15M Union pipefitter killed on the job
$13M Family of workers injured and killed in catastrophic explosion
$12.75M Family of union ironworker killed by dropped equipment
$10M Operating engineer injured after falling on the job
$10M Catastrophic vehicle collision
$9M Union laborer injured on the jobsite
$7M Catastrophic injury and death from head-on vehicle collision

*Past results do not guarantee future outcomes.

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There's no single legal definition, but catastrophic injuries are generally those that result in permanent disability, long-term or lifelong medical needs, or a fundamental change in the injured person's ability to live independently. Examples include traumatic brain injuries, spinal cord injuries, amputations, severe burns, and injuries resulting in paralysis. The key factor is that these injuries have consequences that extend far beyond the immediate medical treatment.

Under California Code of Civil Procedure Section 377.60, a wrongful death claim can be filed by the deceased person's surviving spouse or domestic partner, children, or grandchildren. If none of those exist, the claim can be filed by anyone who would be entitled to the deceased person's property under intestate succession laws. In some cases, a putative spouse, stepchildren, or parents may also have standing.

In California, the statute of limitations for a wrongful death claim is generally two years from the date of death. However, if the claim involves a government entity, you must file a government claim within six months. Because missing these deadlines can permanently bar your case, contact an attorney as soon as possible after a family member's death.

Damages in a California wrongful death case can include the financial support the deceased would have provided, loss of companionship and consortium, funeral and burial expenses, and the value of household services the deceased would have performed. A separate 'survival action' can recover damages the deceased person experienced before death, including pain and suffering and medical expenses.