Hollister Wrongful Death Lawyer

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.

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.

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 lawyer calculate these damages differently from case to case.

Filing a Wrongful Death Claim in Hollister

Statute of Limitations — Two Years from Date of Death

CCP §335.1 gives surviving family members two years from the date of death to file a wrongful death lawsuit. If a government entity was involved (a county road defect, a government vehicle), Cal. Gov. Code §911.2 requires an administrative claim within six months of the date of death. Evidence crash scene documentation, witness statements, surveillance footage, medical records must be gathered while still available. Contact Silva Injury Law as early as you are able.

Where the Lawsuit Is Filed

All wrongful death lawsuits arising from San Benito County incidents are filed at the San Benito County Superior Court, 450 Fourth Street, Hollister, CA 95023. Juries are drawn from the San Benito County community people who drive the same roads, know what it means to have Hazel Hawkins as the only local hospital, and understand this community’s agricultural and family character. Silva Injury Law attorneys work regularly in this courthouse.

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.

Our experienced attorneys also handle other types of injury cases, including:

• Auto Vehicle Accidents
• Trucking Accidents
• Dog Attack
• Slip and Falls
• Pedestrian Accidents
• Bicycle Accidents
• Sexual Assault
• Motorbike Accidents
• Drunk Driving Accidents
• Distracted Driving Accidents
• Nursing Home Abuse