Negligent parties can cause serious accidents that can be fatal for victims. These accidents can profoundly affect the families of victims and create numerous challenges. A San Jose wrongful death lawyer can help surviving family members take advantage of their legal right to file a claim against the at-fault party and pursue compensation.
Suits Litigation, Inc. handles case logistics and fiercely fights to get favorable results. Our lawyer helps clients grieving loved ones through each phase of a fatal accident claim. We are here to listen and to help seek some sense of justice after a senseless loss.
For a free consultation with a skilled wrongful death attorney near you, contact our San Jose law firm today.
Understanding Wrongful Death Claims in San Jose, CA
Wrongful death claims arise when a negligent party’s actions cause the death of another person. If the accident had resulted in injury, the victim would have had the right to file a personal injury claim to recover their losses. However, since their death prevents them from acting, surviving family members may file a claim on their behalf instead.
These claims allow family members to ease the burden of additional losses they have experienced as a direct result of their family member’s unexpected death, as well as regain some financial stability and closure. Because these fatalities are often preventable accidents, legal action also allows surviving family members to hold at-fault parties accountable through a civil claim. A lawyer for wrongful death claims knows how to navigate these cases and secure favorable results.
Who is Eligible to File a Wrongful Death Lawsuit Under California Law?
Under California Code of Civil Procedure § 377.60, the law outlines who is eligible to file a wrongful death lawsuit. This right is generally reserved for immediate family members and dependents, such as a surviving spouse or domestic partner, or children or dependent stepchildren.
If an individual dies without a surviving spouse or children, then parents or siblings may file a claim instead. A wrongful death attorney can help you determine your eligibility and rights when handling your case.
Recoverable Damages in a California Fatal Accident Claim
The loss of a loved one can leave you with many unexpected expenses that can be difficult to manage, especially if your loved one was the primary earner in your family. Wrongful death settlements can provide for several of these losses to help ensure more comprehensive recovery, so you are better supported as you move forward. Losses can generally be broken down into two key categories:
- Economic Damages: This portion of your settlement provides for losses that have a monetary value, such as loss of income, inheritance, or services. Funeral and burial expenses may also be covered.
- Non-Economic Damages: This covers the losses derived from your pain and suffering, such as loss of companionship, consortium, parenting, and emotional distress. California does not cap non-economic damages in personal injury cases.
Punitive Damages May Also Be Available
In select circumstances, punitive damages may also be awarded if the offender engaged in egregious acts of negligence, recklessness, or malice. Punitive damages punish at-fault parties and provide additional compensation for your losses.
Because every case is different, be sure to work with a wrongful death law firm to ensure that the value of your case is accurately calculated and negotiated.
Common Causes of Wrongful Death in Santa Clara County
Accidents that can result in a wrongful death can result from many different causes and acts of negligence. When various parties become careless, or even reckless, other people can suffer for it. In San Jose, some common situations that can contribute to wrongful death can include:
- Car Accidents: Traffic congestion throughout Santa Clara County and the major highways in the area can contribute to accidents that can be severe and fatal. When drivers become distracted, fatigued, speed, or drive aggressively, recklessly, or under the influence of alcohol, they can lose the ability to react to hazards and cause a fatal accident. A San Jose car accident lawyer can investigate the specific cause of your loved one’s death.
- Truck Accidents: Collisions with large, commercial trucks are more likely to result in catastrophic injuries and wrongful death. Their size and weight not only impact their ability to avoid danger, but the impact of a crash transfers more energy than what a passenger vehicle can withstand. A wrongful death lawyer can act quickly to preserve evidence and investigate what factors contributed to the fatal injury.
- Workplace Accidents: Accidents can happen in any workplace, but some industries may be more prone to fatal accidents than others, such as construction and manufacturing work. Falls, crushing injuries, electrocutions, defective products, and exposure to toxic substances can be a few of the factors that can contribute to these accidents. These cases can be highly nuanced, so work with a work accident/on-the-job injury lawyer in San Jose to navigate claims.
- Premises Liability Accidents: Property owners who fail to proactively maintain and prevent accidents or fix dangerous conditions can contribute to accidents that can kill guests. Damaged flooring, broken stairs or handrails, and negligent security measures are a few examples of hazards that can lead to a wrongful death. A wrongful death attorney can guide you through these cases.
At Suits Litigation, Inc., our wrongful death law firm works diligently to determine the specific cause of your loved one’s death so we can hold the correct party liable. Our team has extensive experience analyzing different accident ties to identify a chain of causation and navigate multiple layers of liability.
The Critical Importance of the Two-Year California Statute of Limitations
Filing a claim while you are still grieving may not feel like a top priority, but waiting can hurt your ability to recover compensation from a wrongful death claim. According to California Code of Civil Procedure § 335.1, you only have two years from the time of your loved one’s death to initiate your claim. One of the many benefits of hiring a wrongful death lawyer in San Jose is that you can determine how much time you have to take action and let them take the lead on resolving your claim while you mourn your loss.
Acting sooner rather than later is also critical for the strength of your claim. When you act early, evidence is stronger since it has not had a chance to deteriorate in quality yet. Accounts of the event by you and eyewitnesses are also likely to be more accurate. Additionally, when you initiate your case soon after the accident, your wrongful death attorney can act to preserve important evidence from being damaged or destroyed, such as surveillance footage and other forms of accident data.
How Our San Jose Wrongful Death Law Firm Protects Your Family
Suits Litigation, Inc. puts our clients first and is committed to providing exceptional service, tailored legal strategies, and resources to ensure that they get results during a difficult time in their lives. To ensure you are not taken advantage of by insurance parties or opposing legal teams, we aggressively fight for you and leverage our knowledge of the law and negotiation tactics to secure results. Whether we reach an agreement to settle your case or go to trial, our team works diligently on your behalf.
When you hire a wrongful death lawyer, it means that you have an ally and do not have to navigate the legal process alone. Our team has been honored to be recognized by Super Lawyers for our ability to successfully represent clients throughout their wrongful death cases. Our attorney reviews also speak to the satisfaction of our clients.
Contact a San Jose Wrongful Death Lawyer Near You
When you need to pursue justice for your loved one and file a wrongful death claim, a lawyer for wrongful death claims from Suits Litigation, Inc. can advocate for you and help you navigate your case. We are committed to helping you get results and ensuring accountability for the at-fault party. To request a free consultation with a skilled wrongful death lawyer near you, contact our San Jose law firm today.
Frequently Asked Questions About Wrongful Death Lawsuits
What is the difference between a wrongful death claim and a survival action in California?
Wrongful death claims are designed to address the monetary losses and pain and suffering you have experienced because of your loved one’s death. It allows you to offset related expenses. On the other hand, a survival action is filed on behalf of your loved one’s estate and seeks damages for their expenses and suffering for the time between their injury and death. These are two different claims and can be filed simultaneously.
Can our family recover compensation if our loved one was partially at fault for the accident?
California’s pure comparative negligence law (California Civil Code § 1714) allows families to still recover compensation even if the decedent was partially at fault for the accident. As long as the decedent was not 100% at fault, families can recover compensation that has been reduced by their percentage of fault. However, to ensure you recover the maximum amount and that insurance companies do not add additional fault, work with a lawyer from a wrongful death law firm to optimize your case.
How much does it cost to hire a wrongful death attorney in San Jose?
When you have suffered the tragic loss of your loved one and have lost a key source of income, hiring a Wrongful death lawyer can feel out of reach even when you know you need one. However, Suits Litigation, Inc. works on a contingency fee model so you do not pay out of pocket for legal representation. We only receive payment if we secure compensation and can recover our fees through a settlement or verdict.