The death of a loved one can leave an imaginable, gaping hole in your life as you struggle to cope with a newfound reality. If someone’s intentional or negligent actions resulted in the death of your loved one, you may be entitled to take legal action in a wrongful death lawsuit.
A wrongful death lawsuit is separate from any criminal charges that the state might file if a person’s criminal actions resulted in your loved one’s death. No amount of compensation can provide emotional relief to your family during this time of grief.
A Modesto wrongful death lawyer can help your family seek compensation for the harm suffered from your loved one’s death and hold the responsible individual financially accountable for the loss of a life. A personal injury attorney with vast experience handling these claims can provide the tireless representation your family needs and handle all complex court filings on your behalf. Call Valero Law Group today to learn more about your legal options from a compassionate legal advocate.
Important Wrongful Death Laws
A wrongful death lawsuit is a legal action that seeks compensation for the survivors of a person who has died as the result of the wrongdoing or misconduct of an individual or entity. Wrongful death claims can stem from a range of deadly incidents involving negligent or criminal conduct, including:
- Motor vehicle accidents
- Pedestrian accidents
- Defective products
- Intentional actions
- Workplace accidents
- Falls
- Elder abuse or neglect
- Motorcycle accidents
California wrongful death laws permit certain surviving family members to sue for damages after the loss of a loved one. These eligible family members can include the decedent’s surviving spouse, domestic partner, children, and grandchildren.
The decedent’s parents and other persons who were financially dependent on the decedent may have legal standing to file a wrongful death action. A wrongful death attorney in Modesto can help you evaluate your legal options to recover your direct losses as a grieving family member by filing a wrongful death lawsuit.
Filing a Wrongful Death Accident Claim
A wrongful death lawsuit must be filed within two years from the date of your loved one’s death, barring a unique exception that could otherwise extend the statute of limitations. For example, if the cause of death is difficult to determine or it is not immediately determined that the death resulted from negligence, the statute of limitations could start later.
A knowledgeable Modesto wrongful death attorney can answer your questions about pursuing a wrongful death claim while helping you understand your legal rights and standing given the circumstances of your potential case. Numerous damages could be recovered in a successful wrongful death lawsuit, including economic and noneconomic damages.
Recoverable economic damages could include funeral and burial expenses, as well as the value of financial support the decedent would have provided. Examples of non-economic damages could include loss of companionship, pain, suffering, and loss of the decedent’s moral support.
In California, the at-fault party’s insurance company usually pays out wrongful death compensation to the surviving family members of the deceased. The defendant may also be responsible for paying some or all of the settlement if the victims’ damages exceed insurance policy limits.
Consult With a Modesto Wrongful Death Attorney
A compassionate Modesto wrongful death lawyer can handle the necessary steps needed to construct a strong case, including investigating the circumstances and evidence related to your loved one’s death. An attorney can review police reports, medical records, and witness statements to determine if there are grounds to file a claim.
An attorney can calculate the full extent of all recoverable damages and negotiate with the insurance company or other entities involved to ensure you receive fair compensation. If a settlement cannot be reached, a lawyer can also represent you in court and advocate for your rights. Give us a call today to request your free case consultation and learn more about your legal options.