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Modesto Wrongful Death Lawyers
In an instant, your world can be turned upside down with the loss of a loved one. Suffering the death of a loved one is devastating and many times leaves survivors at a complete loss on how to move forward.
If that loss was due to the negligence of another person, business or government agency, California law allows the family of a deceased to seek financial compensation through a wrongful death claim or lawsuit.
The law recognizes that the negligent person’s liability extends past the death of your loved one. Financial compensation will never replace the loss of a loved one, but it can help ease the stress associated with the family’s financial burdens.
Modesto wrongful death lawyers provide the assistance you need to pursue your wrongful death claim. Extensive evidence must be provided to support your claim for recovery. Wrongful death claims represent an extremely complex area of personal injury law. Obtain just compensation for your losses so you and your loved ones may start on the road to recovery and healing.
The best way to ensure that you get the compensation your case deserves is by retaining the legal expertise of the Modesto wrongful death attorneys at Silva Injury Law.
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Elements of a Wrongful Death Lawsuit
A wrongful death claim succeeds by satisfying specific elements required by California law. In order to have a successful wrongful death claim in California, the following elements must be present:
Negligence
The surviving family members must be able to prove that the death of their loved one was caused by a wrongful act, negligence or default of the defendant.
Causation
The surviving family members must prove how the defendant’s negligence caused their loved one’s death.
Damages
The death of the victim must have generated damages such as medical bills, loss of wages, funeral and burial costs and pain and suffering.
Common Causes of Wrongful Death Claims
There are many different types of situations where a wrongful death may occur. However, common causes of wrongful death claims include the following:
- Car accidents,
- Drowning,
- Assault and battery,
- Murder and manslaughter,
- Elder abuse and neglect,
- Medical malpractice, and
- Slip and fall accidents.
A wrongful death claim is a matter for civil court. Therefore, one may bring a wrongful death claim to recover damages even if the defendant was acquitted in the related criminal case.
What Can I Recover Under my Wrongful Death Claim?
Modesto wrongful death attorneys work to recover damages for family members recovering for the loss of a loved one due to the negligent acts of another. Under a wrongful death claim, Modesto wrongful death lawyers assist in the recovery of both economic and non-economic damages. The relevant period of time for recoverable damages is:
- The life expectancy of the deceased person at the time of the wrongful act, or
- The plaintiff’s life expectancy at the time of the illegal act.
Whichever of these two time frames is shorter is the one the court will impose in your case.
Economic Damages
Economic damages are those quantifiable losses related to the death. These include the following:
- Financial support the deceased person would have contributed during their lifetime including lost income;
- The loss of gifts or other benefits the survivors would have received from the deceased if they had lived;
- Funeral and burial expenses for the deceased;
- The value of household services the deceased would have contributed during their lifetime;
- Medical expenses of the deceased; and
- Loss of benefits, including insurance coverage.
Modesto wrongful death attorneys assist clients in compiling the evidence of these losses to support their claim for recovery.
Non-Economic Damages
Non-economic damages include those intangible losses suffered by the loved one filing the claim. These damages do not represent the emotional and psychological distress of the deceased person—but rather the losses suffered by the deceased person’s loved one. Therefore, non-economic damages in a wrongful death claim include the following:
- Loss of love;
- Loss of companionship;
- Loss of support;
- Loss of sexual relationship; and
- Loss of training and guidance.
Due to the subjective nature of non-economic losses, proving non-economic damages is a complicated task requiring the assistance of Modesto wrongful death lawyers. California does not provide a set number or method of calculating these losses. Therefore, relying on the expertise of qualified Modesto wrongful death attorneys is crucial if you want to recover what you deserve.
Statute of Limitations for Wrongful Death Claims
A wrongful death claim has a two-year time period within which you can sue the responsible party. The statute of limitations begins to accrue on the date of death of your loved one. Despite your unimaginable loss, it’s crucial to reach out to Modesto wrongful death attorneys to promptly begin your wrongful death claim.
Contact Us
The Modesto wrongful death attorneys at Silva Injury Law, Inc. work tirelessly on behalf of their clients and provide diligent representation on a variety of personal injury claims, including wrongful death. We provide legal services based on our mission of compassionate advocacy for our clients.
While we understand that nothing compares to the loss of a loved one, just compensation for your loss enables your family to move forward through financial strain. Wrongful death cases represent a complex area of personal injury law, and the lawyers at Silva Injury Law, Inc. are here to assist you.
We treat our clients with kindness while pursuing our adversaries aggressively. Contact us today for a free consultation.
Our experienced legal team also handles other types of injury cases, including:
Promoting Healing Through Compassionate Advocacy
We believe that our duty goes beyond achieving large monetary awards for our clients. We strive first to be decent human beings who seek not to stir up fights, but to solve problems.
Deadlines to File a Wrongful Death Claim
Every state has certain deadlines in which a family member or spouse must file a lawsuit for a wrongful death. This deadline is called statute of limitations because it is a deadline set by state law. In most cases, the deadline for a wrongful death lawsuit to be filed is two years from the date of the accident. Our attentive approach offers comfort to families that have experienced deep loss. Our law firm treats each client like family.