Modesto Wrongful Death Lawyers

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:

• • Sexual Abuse
  • Trip and Fall
  • Trucking Accident
  • Auto Vehicle Accident
  • Dog Attack
  • Motorcycle Accident
  • Pedestrian Accident
  • Drunk Driving Accident
  • Distracted Driving Accident
  • Bicycle Accident
  • Nursing Home Abuse

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.