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How Martin Rose Made a Full Recovery – and Earned a $110,000.00 Settlement – with Help from Silva Injury Law

Hollister Wrongful Death Lawyers

Losing a loved one due to someone’s negligence is unfathomable. Many families aren’t prepared for it, and the emotional and financial toll is extensive. At Silva Injury Law, we understand how devastating this is. That’s why our Hollister wrongful death attorneys endlessly advocate for families to seek justice through a wrongful death action.

What Is Wrongful Death?

A wrongful death action is a claim where surviving family members seek compensation for the death of their loved one. This often occurs due to the negligence or wrongdoing of another party whose actions lead to the person’s death. In these claims, families typically pursue compensation in the form of economic damages and non-economic damages. However, they may recover only their losses rather than the losses of the decedent.

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Who May File a Wrongful Death Claim in California?

Several people may file a wrongful death claim when a family member passes. Under the California Code of Civil Procedure section 377.60, the following parties may bring a wrongful death action:

  • The surviving spouse or domestic partner,
  • Parents, grandparents, or legal guardians of the decedent,
  • Children or grandchildren of the decedent (including stepchildren or adopted children), and
  • Other blood relatives or those who are entitled to inherit from the decedent’s estate.

In addition, California allows a personal representative to file on behalf of these parties. Most of the time, the representative is a lawyer, but it may also be who the decedent names as a personal representative in their will.

What Is the Average Settlement for Wrongful Death?

wrongful death attorneysWhile researching wrongful death settlements, you may come across sources that present an average. Unfortunately, these are educated guesses at best. One of the reasons it’s so difficult to find an average is that many case settlements aren’t public. This means that the average is based only on cases with a published amount. As such, the average calculated from these cases is misleading because it either doesn’t include private settlements or takes into consideration the circumstances of the cases used in the calculation. Since every case is unique, we recommend contacting our Hollister wrongful death lawyers to discuss the specifics of your claim.

Potential Wrongful Death Compensation

In California wrongful death cases, damages fall into one of two categories: economic and non-economic. Each of these damage types plays a significant role in determining the value of your settlement. Here’s an overview of the losses they cover.

Economic or special damages cover any financial losses the family experiences due to the death. However, this includes both past and future losses that they may encounter. Some examples of this include:

  • Funeral and burial expenses,
  • Loss of the decedent’s expected financial support,
  • Loss of gifts and benefits provided by the decedent, and
  • The value of any household services the decedent would have provided.

As you can see, the loss of a family member has far-reaching consequences. Some families struggle to survive without their income, so California allows them to seek these losses.

Non-economic or general damages refer to the non-financial losses a family experience after a loved one’s death. This tends to be the most subjective part of a case because it typically includes things like:

  • Loss of love, companionship, affection, and comfort;
  • A spouse’s loss of enjoyment of intimacy, and
  • Children’s loss of the decedent’s guidance.

Although it’s impossible to put a price on human life, non-economic damages are meant to help reconcile some of the interpersonal losses that the family experiences. As such, Hollister’s wrongful death attorneys calculate these damages differently from case to case.

Statute of Limitations for Wrongful Death Claims

Under California Code of Civil Procedure section 335.1, family members have two years from the date of the decedent’s death to file a wrongful death lawsuit. If the family doesn’t file by the time the statute of limitations expires, the court likely won’t hear their case. For this reason, it’s essential to start building your case immediately with the help of an attorney.

Our Hollister Wrongful Death Attorneys Are Here for You

At Silva Injury Law, we understand how devastating the loss of a loved one is for families. During this time of pain, we offer our warmth and support to you and your family. If you have any questions about pursuing a wrongful death claim, please call us or contact us online for a free consultation.

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Promoting Healing Through Compassionate Advocacy

We believe that our duty goes beyond achieving large monetary awards for our clients. We strive first to be decent human beings who seek not to stir up fights, but to solve problems.

As a peacemaker, the lawyer has a superior opportunity of being a good man. There will still be enough business.

- Abraham Lincoln