Losing someone you love is devastating, regardless of the cause or circumstances. The aftermath of your loved one’s death is even more devastating when you lose them because of someone else’s negligence.
When this is your reality, a wrongful death lawsuit could benefit you and your family. Schedule a consultation with a compassionate Milpitas wrongful death lawyer to learn more.
No settlement amount can change what happened, but a lawsuit can allow you to hold the at-fault person or company accountable. Our compassionate injury attorneys will walk you through the claims process while you grieve.
What Incidents Lead to Wrongful Death Lawsuits?
Surviving family members have the legal right to pursue legal action when an individual or entity’s reckless, negligent, or intentional criminal action causes their loved one’s fatal injuries. The most common incidents that justify a wrongful death claim include the following:
- Car crashes, especially collisions caused by texting and driving or driving under the influence
- Motorcycle collisions caused by careless or reckless driving
- Pedestrian and bicycle accidents
- Construction site accident injuries
- Truck crashes caused by negligent truck drivers or trucking companies
- Faulty products, including dangerous and defective medication
- Medical malpractice cases leading to death
Although driving distractions—such as smartphones—are a leading cause of wrongful death lawsuits, any negligent behavior can cause someone’s untimely passing. A hardworking attorney in Milpitas can investigate an unlawful death case to determine the cause of the accident and prove liability.
Damages in Wrongful Death Lawsuit Cases
Wrongful death suits compensate surviving families after the sudden and avoidable death of a loved one caused by negligence. The court awards economic or noneconomic damages after establishing that the defendant caused the wrongful death.
Economic damages cover losses, including funeral and burial costs and loss of financial support. Noneconomic damages include emotional anguish, pain, suffering, loss of emotional support or companionship, and guidance.
California statute allows those who can establish they were financially reliant on the deceased to file a wrongful death lawsuit. To learn what damages might be recoverable in a negligent death claim, reach out to a Milpitas lawyer.
What is the Statute of Limitations for a Wrongful Death?
When someone’s recklessness or misconduct causes another person’s fatal injuries, the decedent’s family has the legal right to file a lawsuit against them. Under the guidance of the California Code of Civil Procedure § 377.60, the following group of people have the first property to file the wrongful death lawsuit:
- A surviving spouse or domestic partner
- Children of the deceased
- Grandchildren of deceased children of the decedent
When no surviving family members remain, anyone who stands to inherit estate assets can commence legal action. A capable attorney in Milpitas handles the legal filings of a wrongful death claim on the family’s behalf.
Meet With an Experienced Wrongful Death Attorney in Milpitas Today
The untimely loss of someone you love can cause severe psychological, emotional, or financial harm to you and your family. You could be eligible for a wrongful death settlement when someone else’s negligence or recklessness causes their passing.
Our knowledgeable Milpitas wrongful death lawyers answer your questions, provide sound legal advice, and fight for the fair settlement you and your family deserve. Call us today to begin an investigation and prepare your case immediately.
