San Jose Wrongful Death Lawyer
The death of a loved one is always heartbreaking, but your grief is intensified when that person was taken through someone else’s negligence. Unfortunately, statistics from the US Centers for Disease Control and Prevention (CDC) reveal that accidental fatalities are a common occurrence. Every year, more than 167,000 are individuals killed through unintentional injuries, making accidents the third leading cause of death in the US. Surviving family members face financial hardship and an uncertain future due to the void left behind by their loved one’s passing.
Legal action cannot bring a victim back, but compensation can ease the stress, hopelessness, and other losses you experience. You may qualify to pursue a wrongful death action, and our team at the Solution Now Law Firm will guide you through the process. Please contact us to schedule a complimentary case evaluation with a San Jose wrongful death lawyer today. An overview of the basics may also be informative.
Your Rights in a Wrongful Death Case
Because it is a type of personal injury claim, you will be required to prove negligence to prevail in a wrongful death case. You must show that the responsible party failed to use reasonable care, and this breach of duty was the direct cause of the fatal accident. However, there is an additional requirement for legal action under California’s wrongful death statute. You must have “standing” to seek your legal remedies, so only the following can bring a claim:
- The victim’s surviving spouse or domestic partner;
- The children of the deceased;
- If none of the above individuals exist, further distant relatives; and,
- Close family members who were financially dependent upon the victim.
Seeking Compensation for Your Family’s Losses
California law provides that you can recover medical costs incurred before the victim’s death, as well as funeral and burial costs. Still, a wrongful death claim allows you to pursue damages for the losses YOU experience due to your loved one’s passing, as separate from the losses of the victim. It is possible to recover:
- Lost financial support;
- Lost future earning capacity, representing the income the victim would have made and contributed to the family if he or she had lived;
- Lost companionship, guidance, support, protection, and love; and,
- Many other damages, depending on your case.
Our lawyers at the Solution Now Law Firm will assist with the legal process for recovering compensation, which usually starts by filing a wrongful death claim with the responsible party’s insurance company. If the insurer will not pay a fair amount to settle your claim, we will file a lawsuit in court to obtain the monetary damages you deserve.
Rely on Our San Jose Wrongful Death Attorneys After a Fatal Accident
While this summary may be useful, there are many additional legal details and subtleties involved with wrongful death claims. You put your rights at risk by attempting to represent yourself, so rely on our team at the Solution Now Law Firm to handle your claim. To set up your free consultation with a San Jose wrongful death lawyer, please call 408-256-2871 or visit our website.