Turlock Wrongful Death Lawyers

Causes Of Wrongful Death In Turlock

Silva Injury Law regularly handles wrongful death cases stemming from various kinds of accidents.

Some of the most common causes of wrongful death claims include:

• Car accidents. Most California residents rely on motor vehicles, and accidents are widespread. Unfortunately, many crashes are fatal.
• Motorcycle accidents. Motorcyclists are at enhanced risk of severe or fatal injury when involved in crashes.
• Truck accidents. Commercial trucks are always some of the biggest vehicles on the road, so any collision involving a large truck is more likely to cause a fatality.
• Pedestrian accidents. When motor vehicles and pedestrians collide, it can often result in severe injuries that can be fatal.
• Bicycle accidents. Bicyclists also lack protection in collisions, so their injuries can easily be fatal.
• Premises liability. Property owners who fail to correct specific hazards or warn people about dangers can be liable if people die because of these accidents.
• Slips and falls. A person who slips or trips and fatally falls can also make a property owner liable.
• Dog bites. Dog bites are rarely severe, but some attacks can prove fatal when they involve children.
• Livestock accidents. When vehicles collide with livestock, the accidents can kill not just the animals but the vehicle’s occupants.
• Drunk driving accidents. Drunk drivers often engage in risky behavior, and the accidents they cause can often be fatal.
• Distracted driving accidents. A driver may cause a fatal accident if distracted by a cell phone or other mobile device.

Another cause of death not listed above that can lead to a wrongful death claim is when another party purposefully kills someone else or kills them during the commission of a crime. These incidents typically result in criminal charges, but surviving family members may also pursue a wrongful death action against the person whose intentional act killed their loved one.

Surviving family members should be aware that many insurance companies will quickly offer families lump-sum settlements almost immediately after a fatal accident. You should never accept an insurer’s first offer before talking to an attorney. These offers are almost always a lowball amount specifically designed to allow a company to close out a case for as little as possible.

A strict two-year time limit (known as the statute of limitations) on wrongful death actions means people should quickly consult attorneys who can assist them in properly filing their cases.

Overview Of California Wrongful Death Laws

California Code of Civil Procedure § 377.60 establishes that a cause of action for the death of a person caused by the wrongful act or neglect of another party can be asserted by any of the following persons or by the decedent’s personal representative on their behalf:

• A decedent’s surviving spouse, domestic partner, children, and the issue of deceased children, or, when there is no surviving issue of the decedent, the persons, including the surviving spouse or domestic partner, who will be entitled to the property of the decedent by intestate succession
• Whether or not qualified under California Code of Civil Procedure § 377.60(a), if they were dependent on the decedent, the putative spouse, children of the putative spouse, stepchildren, or parents
• A minor, whether or not qualified under California Code of Civil Procedure § 377.60(a) or California Code of Civil Procedure § 377.60(b), if, at the time of the decedent’s death, the minor resided for the previous 180 days in the decedent’s household and was dependent on the decedent for one-half or more of the minor’s support

California Code of Civil Procedure § 335.1 establishes that people only have two years to file a wrongful death claim. The statute of limitations does not begin to run until the date of a person’s death, which may be later than the date of an accident.

Criminal Charges Vs. Civil Wrongful Death Claims

When a person dies because of another party’s intentional act or negligence, family members can be right to believe that the person will face criminal homicide charges.

Criminal charges in these cases often include one of three degrees of murder (first-degree murder, second-degree murder, or capital murder) or three degrees of manslaughter (voluntary manslaughter, involuntary manslaughter, or vehicular manslaughter).

Importantly, a person responsible for the death of another can be acquitted in their criminal case but still be civilly liable to the surviving family members. Our firm can advise whether you have a chance at compensation despite a criminal acquittal.

Never Wait To Seek Legal Help

Our firm understands that legal action is typically not the first thing on many families’ minds upon a loved one’s death. Unfortunately, surviving family members should understand that certain actions need to be taken as soon as possible—such as reaching out for legal help as quickly as possible. In many cases, waiting can result in the loss or destruction of evidence important to your case, so it is best to reach out to a lawyer as soon as possible.

Silva Injury Law knows how hard it is for many families to deal with the sudden loss of a loved one. We can approach these issues in a manner that will make you feel most comfortable. We can relax when you require more time and move forward when you are ready.

Wrongful death claims can be much more challenging from an emotional perspective, so it is often more difficult for families to even reach out to a lawyer in the first place. Our Turlock wrongful death attorneys want you to have all the time you need to grieve, and we also know how to treat wrongful death claims with extreme care.

The unfortunate truth about wrongful death claims is that surviving loved ones often have to revisit accidents, injuries, or illnesses that caused deaths, possibly several times. When you hire Silva Injury Law, our firm will guarantee that you retain the freedom to grieve privately at your own pace, and all communication with an insurance company will go entirely through us.

Our firm knows how to negotiate settlements effectively in these cases, and we know insurance companies want to settle these cases because they do not want to pay to take cases to trial. We are committed to achieving only a settlement that covers all of the economic and non-economic losses your family is facing following the loss of your loved one.

As a surviving family member, keep in mind that there is always the chance that your case will go to trial. Our firm only takes cases that we are prepared to take to court, and our team of aggressive litigators will fight tirelessly to obtain a favorable result if we conduct a trial. In addition, we understand how difficult a wrongful death trial can be for the family. We do everything we can to protect our clients from reliving their loss while providing zealous representation.