Monterey Wrongful Death Lawyer

What Is a Wrongful Death Claim?

A wrongful death claim is a legal action that allows surviving family members to pursue compensation when a person dies because of someone else’s negligence or wrongful conduct.

Wrongful death claims can come from many types of incidents in Monterey, including:

• Personal Injury
• Car accidents,
• Commercial truck accidents,
• Dog Bites,
• Pedestrian accidents,
• Bicycle accidents,
• Slip and fall accidents,
• Premises liability incidents,
• Work-related accidents, and
• Motorcycle Accidents,
• Truck Accidents,
• Defective products.
  

Every case depends on its own facts. In general, a wrongful death claim focuses on whether another party failed to act with reasonable care and whether that failure led to your loved one’s death.

Who Can File a Wrongful Death Claim?

California law specifies who can file a wrongful death claim. In most situations, the right to file belongs to the person’s closest family members, including:

• A surviving spouse or registered domestic partner;
• Children of the deceased; and
• Grandchildren, if the deceased’s child has already passed away.

If there are no surviving children or grandchildren, the ability to file a claim may extend to other relatives who could inherit under California intestate succession laws, such as:

• Parents,
• Siblings,
• Grandparents, or
• Aunts and uncles.

There are also situations where others may qualify if they relied on the deceased for financial support. This can include:

• A putative spouse,
• Children of a putative spouse,
• Stepchildren,
• Parents, and
• Legal guardians.

A minor may also be eligible to file a claim if they lived with the deceased for at least 180 days before the death and relied on them for at least half of their financial support.

What Compensation Is Available?

The purpose of a wrongful death claim is to compensate surviving family members for the losses they experienced due to their loved one’s untimely death.

Some of the most common types of monetary damages that wrongful death claimants may recover include compensation for:

• Burial and funeral expenses,
• Loss of spousal companionship and consortium,
• Loss of the decedent’s household support,
• Emotional trauma,
• Loss of the decedent’s care and companionship,
• Loss of the decedent’s financial support.

The amount of compensation in a wrongful death case depends on the specific facts of the situation. There is no standard value, as each case is different.

However, several factors may influence the amount of recovery, including:

• The deceased’s age, health, and expected future earnings;
• The level of financial support they provided to the family;
• The circumstances of the incident and the extent of the losses involved.

We can evaluate your situation and help you understand what types of damages may apply and how those factors could affect the value of your claim.

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. This means you typically have two years from the date of your loved one’s death to file a lawsuit.

If you miss this deadline, you will usually lose your right to pursue compensation, no matter how strong your case may be.

Because of this, it is important to speak with a lawyer as early as possible. Early action can also preserve evidence and give you a clearer understanding of your options.

FAQs

What If My Loved One Partially Caused the Accident?

You may still be able to bring a wrongful death claim even if your loved one was partly at fault. California follows a comparative fault system, meaning responsibility can be shared among multiple parties.

If your loved one is found partially responsible, it may reduce the amount of compensation available, but it does not automatically prevent you from recovering damages.

These situations can become complex, especially when insurance companies try to shift blame. We can review the facts of the case and help determine how fault may impact your claim.

What Evidence Is Used to Prove a Wrongful Death Claim?

To move forward with a wrongful death claim, there must be evidence showing what happened, who was responsible, and how the loss has affected your family.

The type of evidence will depend on how the incident occurred, but commonly includes:

• Police or incident reports,
• Witness statements,
• Photos or video footage,
• Medical records, and
• Expert opinions.

This evidence is also used to show the impact on surviving family members, including financial losses and the loss of support.

We gather and review this evidence as part of building your claim and identifying who may be held responsible.

How Long Will My Case Take?

The timeline for a wrongful death case can vary depending on several factors, including how the incident occurred, the complexity of the evidence, and whether the case settles or goes to court.

Some claims may be resolved in a matter of months through settlement, while others may take longer. Common instances that can delay settlement include:

• Disputed liability.
• Multiple parties or detailed investigations, and
• Court schedule.

We work to move cases forward efficiently while making sure they are fully developed and supported.

How Much Does It Cost to Hire a Wrongful Death Lawyer in Monterey?

Most wrongful death lawyers, including our firm, work on a contingency fee basis. Under this arrangement, you do not pay upfront legal fees to hire us.

Instead, attorney fees are typically paid as a percentage of the recovery if a settlement or verdict is obtained. If there is no recovery, you generally do not owe attorney fees.

This structure allows families to pursue a claim without taking on additional financial strain during an already difficult time.

What Is the Difference Between Wrongful Death and Homicide?

Wrongful death and homicide both involve the loss of life, but they are handled in different ways.

A wrongful death case is a civil matter. It is brought by surviving family members to seek compensation when someone’s death was caused by another person’s negligence or wrongful conduct. The goal is to address the family’s financial and personal losses.

A homicide case, on the other hand, is a criminal matter. The government initiates it and focuses on determining whether a crime was committed and whether the responsible person should face penalties such as jail or prison.

Both types of cases can arise from the same incident. For example, a fatal DUI crash in Monterey could lead to criminal charges filed by the state and a separate wrongful death claim brought by the family. However, you do not need one to bring the other.

Talk to Our Monterey Wrongful Death Lawyers Today

Losing a loved one because of someone else’s actions can leave you searching for answers. You may be trying to understand what happened, who may be responsible, and what options are available to your family moving forward.

At Silva Injury Law, we work with families throughout Monterey to help them make sense of this process. Whether the loss occurred in a traffic collision along Highway 68, at a local business, or in another preventable situation, we take the time to understand the full picture and how it has impacted your life.

Our goal is to give you clear guidance so you can make informed decisions without having to manage the legal burden on your own.

Contact us today for a free case evaluation and legal consultation with a knowledgeable Monterey wrongful death lawyer. Call us now at 209-989-1770 and get a free initial consultation!

Legal References Used to Inform This Page

To ensure the accuracy and clarity of this page, we referenced official legal and other resources during the content development process:​​

• Wrongful Death, California Code of Civil Procedure Section 377.60 (2020).
• The Time of Commencing Actions Other Than for the Recovery of Real Property, Cal.Civ. Proc. Code § 335.1 (2003).
• Obligations Imposed by Law, Cal.Civ. Proc. Code § 1714 (2012).
• Intestate Succession Generally, Cal.Civ. Proc. Code Chapter1