There is no injury or loss more serious than the wrongful death of a loved one. Not only must surviving family members live with grief and emotional pain, there is often fear and uncertainty about financial hardship. Our firm understands that coping with the death of a loved one is difficult. However, you may have options to seek justice for your loved one’s death.
State law allows certain family members and representatives to file a wrongful death lawsuit. If you lost a loved one due to the negligence of another person or entity, then a Pleasanton wrongful death lawyer may be able to help.
The personal injury attorneys at Mirador Law, PC are here to provide you with prompt, caring and effective legal help so you can receive the financial recovery you need to move forward after your tragic loss.
What Is a Wrongful Death Lawsuit?
You may be able to file a wrongful death claim if a loved one died due to the negligence or wrongful act of another party. Common reasons for filing a wrongful death lawsuit include:
- Car, truck and motorcycle accidents
- Bicycle or pedestrian accidents
- Premises liability (deaths from dangerous conditions on private or public property)
- Abuse, such as Elder Abuse, Nursing Home Abuse, Dependent Adult Abuse and Child Abuse
There are other scenarios where it may be appropriate to file a wrongful death lawsuit. You should speak with a wrongful death attorney in Pleasanton if you have questions about your legal options after losing a loved one.
Who Can File a Wrongful Death Lawsuit?
Only certain people can file a wrongful death lawsuit in California. Family members or personal representatives may be able to file a lawsuit. Examples of parties eligible to file a wrongful death lawsuit include:
- Spouses
- Children
- Domestic partners
- Certain representatives entitled to the decedent’s assets
There are additional requirements that could affect your potential to file a case. For instance, the state has a statute of limitations for wrongful death lawsuits. You generally only have two years from the date of the death to file a claim. However, there are certain exceptions if you miss the statute of limitations deadline.
There are also situations where you may have less time to file a claim. If the defendant is a government entity, then you may only have six months to file a lawsuit or to submit a government claim. Additional rules apply to cases involving state or local entities that a wrongful death lawyer in Pleasanton could explain.
What Are Damages in a Wrongful Death Lawsuit in California?
If your lawsuit is successful, then you can recover compensation to cover your damages. A wrongful death lawsuit or settlement may cover:
- Medical Expenses
- Funeral expenses
- Lost income or loss of future earnings
- Loss of companionship
Each case is different, meaning the damages can vary. Some families may be able to recover far more compensation due to the circumstances surrounding their case.
California also follows a “pure comparative negligence” rule that could affect how much compensation you can recover. If your loved one is partially at fault for the incident, then your recovery may be reduced by the percentage of fault. For instance, if you recovered a $1,000,000 jury verdict, but the jury found your loved one 20% at fault for a fatal car accident, then your award would be $800,000.
If you have questions about how damages pertain to your case, then we encourage you to contact our wrongful death attorneys in Pleasanton. Our law firm provides free consultations.
Why Do I Need an Alameda County Wrongful Death Attorney?
Jumping through legal hoops and hurdles is the last thing grieving family members should worry about. It is difficult to navigate the state’s complex tort laws while fighting against insurance companies. A wrongful death lawyer in Pleasanton can help in the following ways:
- Collecting and preserving evidence
- Meeting important deadlines
- Negotiating a settlement with insurance companies
- Taking your case to trial if the insurance company does not offer a fair settlement
These are only a few examples of how a wrongful death attorney could help. Keep in mind that defendants in some wrongful death cases can include large companies, who likely have extensive financial and legal resources at their disposal. It would be difficult to take on such powerful entities without an experienced attorney.
Contact Our Pleasanton Wrongful Death Attorneys
A Pleasanton wrongful death lawyer at Mirador Law, PC can help you determine if it would be possible to recover compensation from a lawsuit. Our attorneys have experience helping our clients pursue justice. You can learn more about our successful cases by exploring our website. To schedule a free consultation with us, call or use the online contact form on our website.
