Why Should I Hire Silva Injury Law?
Wrongful death cases are legally and emotionally complex. Families should not have to navigate investigations, insurance negotiations, and court deadlines while grieving. That is where Silva Injury Law comes in.
When you work with our wrongful death law firm in Fresno, we handle every aspect of the legal process, including:
- Investigating the circumstances surrounding your loved one’s death,
- Identifying all potentially responsible parties,
- Collecting and preserving critical evidence,
- Working with professionals when necessary to clarify liability and damages,
- Managing all communication and negotiations with the insurance company,
- Filing documents with the court, and
- Representing you in court.
Our goal is to protect your family’s interests while treating your loss with the compassion and diligence it deserves.
What Compensation Can I Recover?
We understand that no amount of money can make up for the loss of your loved one. Compensation in a wrongful death claim is about addressing the real financial and personal losses your family now faces because of the death.
California law allows surviving family members to seek compensation for the following types of damages.
Funeral and Burial Expenses
Funeral and burial costs are often unexpected and can place immediate financial pressure on families. A wrongful death claim may include reasonable expenses related to funeral services, burial or cremation, and related arrangements.
These costs are recoverable because they are a direct result of the fatal accident.
Medical Expenses Related to the Final Injury
If your loved one received medical care before passing away, the cost of that treatment may be recoverable in a wrongful death claim. This can involve emergency care, hospital stays, surgeries, or other treatment provided after the accident and before death.
Families should not be left responsible for medical bills that arose from another party’s negligence.
Loss of Financial Support
When a loved one passes away, their income and financial contributions to the household often disappear overnight. Wrongful death compensation may account for the income your loved one would have earned and contributed had they lived, including wages, benefits, and other financial support that surviving family members reasonably depended on.
Loss of Household Services
From childcare and home maintenance to transportation and other day-to-day responsibilities, many people contribute to their families in ways that don’t show up on a paycheck.
A wrongful death claim may include compensation for the value of these services and the cost of replacing them.
Loss of Companionship and Support
Loss of companionship, care, affection, guidance, and emotional support damages recognize the deeply personal losses that accompany the loss of a loved one.
For spouses and partners, this may also include loss of consortium—the loss of intimacy and partnership caused by the death.
Loss of Guidance for Children
When a parent dies, children lose more than financial support. They lose guidance, stability, and the presence of someone who would have played a critical role in their lives.
California law allows families to seek compensation for this loss of parental guidance, training, and care.
Fresno Wrongful Death FAQs
How Long Will My Case Take?
The length of a wrongful death case depends on many factors, including the complexity of the accident, the number of parties involved, and whether the case settles or proceeds to trial.
Some cases resolve in months, while others take longer. We focus on moving your case forward efficiently without sacrificing thorough preparation.
How Much Compensation Can I Recover?
There is no fixed amount of compensation in a wrongful death claim. Every case is different, and recovery depends on factors such as:
- The decedent’s age, health, and earning capacity;
- The level of financial support they provided;
- The relationship between the decedent and surviving family members; and
- The circumstances surrounding the death.
A Fresno wrongful death lawyer can evaluate these factors and help you understand what may be recoverable in your specific situation.
Is a Wrongful Death Claim the Same As a Survival Action?
No. A wrongful death claim focuses on the losses suffered by surviving family members. A survival action, on the other hand, seeks compensation for damages the decedent could have pursued had they lived, such as pain and suffering before death. In some cases, the claims may proceed together.
Will My Fresno Wrongful Death Attorney Take My Case to Trial?
Many wrongful death cases resolve without a trial, but not all do. Whether a case goes to court depends on the opposing parties’ negotiations and whether a fair resolution can be reached. We prepare every case as if it may go to trial, so your family is protected regardless of how the process unfolds.
How Long Do I Have to File a Wrongful Death Claim?
In California, wrongful death claims are generally subject to a two-year statute of limitations, meaning you must file a claim within two years of the date of death. Certain exceptions may apply, so it is important to speak with a lawyer as soon as possible to avoid losing your right to pursue a claim.
What Evidence Is Used to Prove My Wrongful Death Claim?
Every wrongful death case depends on evidence that shows how the accident happened and who was responsible. The specific evidence used will vary, but common examples include:
- Police or accident reports;
- Medical records related to the final injury;
- Photographs or video from the scene;
- Witness statements;
- Surveillance or traffic camera footage; and
- Expert analysis, when needed, to explain how the accident occurred.
This evidence helps establish that another party’s actions caused the death and supports the claim for damages.
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