Stockton Wrongful Death Lawyers

Why Should You Choose Us To Represent You In Your Wrongful Death Claim Or Lawsuit?

When it comes to seeking legal representation in a wrongful death claim or lawsuit, you have many options. At Silva Injury Law, our legal team has significant experience representing wrongful death claimants and recovering fair monetary compensation for them.

Successful wrongful death claims require complex investigations and detailed legal paperwork, but our legal team can:

• Collect evidence that shows that another party behaved in a negligent, reckless, wrongful, or intentional manner under the circumstances
• Calculate your and your family’s losses—as well as anticipated future losses that you may incur—due to your loved one’s untimely death.
• Investigate the circumstances of the accident that led to your loved one’s death
• Identify possible witnesses in your wrongful death case
• Negotiate a favorable settlement offer with the insurance company adjuster
• File a lawsuit in your case and pursuing litigation in the court system on your behalf
• Take your wrongful death case to a civil jury trial or binding arbitration proceeding if needed

Our experienced and compassionate legal team will be by your side every step of the way, advocating for your legal interests and pursuing the total monetary compensation that you and your family need under the circumstances.

How Much Is A Wrongful Death Claim Worth?

When it comes to wrongful death claims and lawsuits, there is no such thing as an average settlement amount. Instead, a wrongful death claim’s total value is highly dependent upon the facts and circumstances of the case, including the wrongful act that occurred and whether or not surviving family members depended upon the decedent’s income to survive.

Moreover, when researching average settlements for wrongful death cases online, the statistics you recover often fail to account for a surviving family member’s unique circumstances.

The best way to approximate a value for your wrongful death claim or lawsuit is to speak with a Stockton wrongful death lawyer as quickly as possible.

At Silva Injury Law, we can estimate the value of your wrongful death claim after reviewing the facts and circumstances of the case with you. We prioritize aggressively advocating for our clients during settlement negotiations and litigation to maximize the monetary damages they ultimately recover in their case.

Proving A Wrongful Death Claim Or Lawsuit

To recover monetary compensation in a wrongful death claim or lawsuit, the claimant has the sole legal burden of proof in the case. On the other hand, the at-fault party does not have a legal burden, and they do not need to prove anything in the case.

First, the wrongful death claimant must establish that the at-fault party owed the decedent one or more legal duties of care. For example, a motor vehicle operator has a duty to drive in accordance with all traffic laws. Similarly, premises owners have to maintain their premises in a safe condition for the benefit of their property visitors. If the property owner comes across a defect, they have a responsibility to either correct it or warn about it within a reasonable period.

Next, the wrongful death claimant must demonstrate that the at-fault party breached their duty of care to the decedent, such as by violating a traffic law or engaging in DUI in the context of a fatal motor vehicle crash.

The claimant must also demonstrate that the at-fault party’s negligence was both the actual and foreseeable cause of their loved one’s death. Finally, they must show that as a result of their loved one’s death, they (the claimant) suffered various losses and damages.

When a wrongful death claimant can prove all of these legal elements in their claim or lawsuit, they may be entitled to recover various monetary damages. First, a wrongful death claimant may be entitled to receive the cost of their loved one’s burial and funeral expenses. Next, a claimant can recover compensation for the loss of the decedent’s future income if they depended upon the decedent for financial support.

Moreover, a claimant can recover monetary compensation for the pain and suffering that the decedent endured until they passed away. If the decedent incurred medical expenses up until their death, a claimant can also pursue those costs. Finally, the claimant can pursue monetary recovery for the loss of the decedent’s household services.

In addition to recovering economic damages as part of a wrongful death claim or lawsuit, a claimant can also pursue non-economic damages. The purpose of non-economic damages is to compensate claimants for all of their intangible losses.

Those losses often include monetary compensation for:

• Mental and emotional anguish that the claimant experienced due to their loved one’s untimely death
• Loss of the decedent’s love, companionship, guidance, and care
• Loss of spousal intimacy or companionship with the decedent

The experienced and compassionate Stockton wrongful death lawyers at Silva Injury Law can help you accurately assess your case and determine which of these damages you may be eligible to pursue and recover in your case. We can then work to maximize the compensation that you receive in your case through settlement or litigation.