If your loved one has been killed because of another party’s negligent actions, you have our deepest condolences. When you are ready to discuss your loss, the team at Suits Litigation, Inc. can provide valuable legal representation, support, and protection.
Rest assured that a Santa Clara personal injury lawyer will fight fiercely for you and put you first throughout the entirety of your case. Our legal team safeguards you from parties who want to avoid compensating you for the losses you have suffered. To request a free consultation with a Santa Clara County wrongful death lawyer, contact our law firm today.
Understand Wrongful Death Claims in Santa Clara, CA
A wrongful death is often the result of negligent, preventable accidents that cause immediate death or fatal injuries. Surviving family members can file claims on behalf of the deceased individual to get justice for them and recover compensation that offsets the unexpected hardships caused by financial expenses and suffering.
A Santa Clara County wrongful death lawyer can help family members prepare their claim so they can hold the at-fault party liable and get compensation and closure.
Who Is Eligible to File a Wrongful Death Lawsuit in California?
When an individual is wrongfully killed, the right to file a wrongful death lawsuit is reserved for certain individuals.
According to California Code of Civil Procedure § 377.60, the spouse, domestic partner, or children of the deceased have the strongest right to pursue a wrongful death lawsuit against the party responsible for the deceased individual’s death. These individuals are generally most affected by the decedent’s death, since they generally relied on the decedent for financial support and companionship.
It is also important to be aware that not every deceased individual may be survived by these parties. In that case, stepchildren or parents who were dependent on the decedent may then have a right to initiate a wrongful death case instead. It is important to consult a lawyer for wrongful death claims to navigate eligibility requirements and understand your legal rights based on your relationship to the deceased.
Recoverable Damages in a Santa Clara County Fatal Accident Case
A wrongful death attorney can help you recover compensation to offset the losses you have suffered on top of losing your loved one. They help you determine the full scope of your losses and help you calculate how much they are worth. This helps ensure that your lawyer can effectively negotiate a settlement that reflects your losses.
Your settlement may include economic damages for the cost of medical bills, burial expenses, and lost income and/or inheritance.
You may also be able to recover non-economic damages for your suffering and emotional distress, as well as loss of companionship and/or consortium. These losses are not capped under California law.
Between both types of losses, your lawyer fights to secure the maximum amount you are entitled to under the law.
Understanding the Difference Between a Wrongful Death Claim and a Survival Action
Wrongful death claims are designed to benefit surviving family members for the personal losses they have endured because of the unexpected loss of their loved one.
Survival actions (California Code of Civil Procedure § 377.30) are filed on behalf of the decedent’s estate and designed to recover losses that the decedent suffered before their death. While wrongful death claims are generally filed by eligible surviving family members, survival actions are filed by the decedent’s personal representative.
Both forms of legal action may be filed at the same time since they serve different purposes and are initiated by different parties. Consult a wrongful death lawyer to determine how to proceed after a wrongful death.
Common Causes of Fatal Accidents in Santa Clara County
A wrongful death attorney in Santa Clara can help you investigate the cause of your loved one’s fatal accident to determine what factors and parties were involved. Suits Litigation, Inc. is thorough and proficient at identifying and establishing a direct line of causation from where the negligence originated and the fatal results. These types of accidents can be caused by different parties and in different settings. Below is a closer look at the key types of accidents that we can help you with.
Car Accidents
A car accident lawyer can help you when drivers are negligent and do not account for poor traffic conditions, engage in reckless behaviors like aggressive driving, speeding, and alcohol impairment, or are careless by driving while distracted or fatigued. Delayed reaction times and diminished control over the vehicle can have tragic results.
Workplace Hazards
Negligence can contribute to workplace hazards that can threaten worker safety. In office settings, falls and poorly maintained areas can cause dangerous accidents. However, dangerous industries like construction can significantly increase the risk of harm. Crushing injuries, falling objects, defective machinery, and other issues can result in accidental deaths. A work accident lawyer can provide clarity and direction for how to handle these cases.
Commercial Trucking Accidents
Commercial truck accidents can cause catastrophic injuries as well as fatalities. Not only are these accidents severe due to the impact caused by such large, weighty vehicles, but they are often complex due to many layers of liability. However, Suits Litigation, Inc. can ensure all applicable parties are held accountable for your loved one’s death.
The Timelines for Filing: California’s Wrongful Death Statute of Limitations
It is critical to consult a wrongful death attorney soon after your loved one has been killed. California only allows two years from the time of death for parties to file a claim, per California Code of Civil Procedure § 335.1.
A lawyer for wrongful death claims can help you take immediate legal action so your right to pursue compensation is safeguarded and you can benefit from sound evidence. The efficacy of surveillance footage and witness accounts can deteriorate or be damaged, so preservation is necessary.
How Our Santa Clara Wrongful Death Law Firm Fights For Your Family
Suits Litigation, Inc., led by James C. Suits II, fights for clients and puts their needs first. When you have suffered an unexpected and profound loss such as the death of a loved one, you need a wrongful death law firm that can aggressively fight for you and go toe-to-toe with insurance companies who do not want to pay you fairly. We also use a contingency model so you pay no fee unless we win, thereby making it easier to retain representation.
Our team’s legal knowledge and experience allow us to effectively fight for our clients and secure results, as evidenced by our client reviews, Super Lawyers profile, and clean license status. When you are grieving, let us handle the logistics of your case and fight for you.
Contact a Wrongful Death Attorney Near Santa Clara
Suits Litigation, Inc. offers experienced legal guidance to help you navigate through the various challenges of a wrongful death case. Our team helps you get closure and justice after you have suffered such a terrible wrong. To schedule a free consultation with a wrongful death lawyer in Santa Clara County, contact our law firm today.
Frequently Asked Questions About Wrongful Death Claims
Can multiple family members file independent wrongful death lawsuits for the same individual in California?
Under California law, multiple wrongful death claims cannot be filed for the same person. Instead, the “one action rule” stipulates that multiple eligible parties must consolidate their claims into a single wrongful death claim. This also streamlines legal proceedings by creating a unified action against the at-fault party to recover losses. Consult a wrongful death attorney if you are facing this situation.
Are families still eligible to recover compensation if their loved one was partially to blame for the fatal accident?
Wrongful death claims take into account the fault of every party involved, including the deceased person. Even if the decedent was partially at fault, it does not bar family members from still recovering some degree of compensation. Per California Civil Code § 1714, recoverable compensation is reduced by the percentage of fault that was contributed. If the decedent was 10% at fault, for example, surviving members can recover 90%. Damages can be recovered even if a party was 99% at fault in California.
How much does it cost to hire an experienced wrongful death law firm in Santa Clara?
The anxiety around hiring a wrongful death lawyer after an accident is a very real concern. However, personal injury firms like Suits Litigation, Inc. work on a contingency fee basis. That means you pay nothing to retain our services. If we win your case and secure a settlement or verdict, then we take our fees out of your compensation. You pay nothing unless we win your case.
Are punitive damages available in a standard California wrongful death action?
Punitive damages are used in cases where gross negligence or malice contributed to a severe or fatal outcome. They are designed to punish wrongdoers so they do not commit the same offense again. If applicable to your circumstances, our wrongful death law firm may be able to recover punitive damages as part of a companion survival action, rather than as part of a wrongful death claim. If awarded, these damages can provide additional compensation to offset losses.