Monterey 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 may leave survivors at a complete loss on how to move forward. f you relied on the victim for financial or domestic support, you could also experience economic devastation.

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.

The experienced wrongful death attorneys of Silva Injury Law, Inc. assist clients in Monterey and throughout the state. We provide a free consultation to help you understand your options and get started with the legal process. Contact us today and let us help you and your family navigate this challenging time.

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Do You Have a Monterey Wrongful Death Case?

If your loved one died from injuries sustained in an accident they didn’t cause, you may have a valid cause of action. Under California law, the victim’s surviving spouse, domestic partner, and children can pursue a wrongful death claim. If the victim had no spouse, partner, or children, others may have the right to pursue a claim. Parents, siblings, stepchildren, and others may be entitled to bring a lawsuit if they can prove that they were financially dependent on the victim.

 

If you aren’t certain whether you have a valid cause of action to bring a wrongful death claim in California, contact an experienced lawyer. Wrongful death statutes often leave room for interpretation and may allow others to pursue a claim, depending on their relationship with the victim.

Elements of a Wrongful Death Lawsuit

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, neglect 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.

 

Our experienced lawyers investigate and document your claim using our extensive network of resources. They work to build the strongest possible case. In most cases, we negotiate a settlement with the at-fault party’s insurance company. If we do need to file a lawsuit, however, our experienced litigators will be prepared to make your case in court.

What Are Some of the Most Common Causes of Wrongful Death in Monterey?

Wrongful death can occur any time an accident victim succumbs to injuries sustained in an accident caused by someone else. In Monterey, some of the most common causes of personal injury-related death include the following:

  • Car accidents,
  • Motorcycle accidents,
  • Bicycle accidents,
  • “Big-Rig” truck accidents,
  • Public transportation crashes,
  • Construction accidents, and
  • Workplace injuries.

Other causes include slip and fall accidents and other types of premises liability, medical malpractice, animal attacks, and dog bites. No matter how your loved one sustained their fatal injuries, contact us to discuss your options. Our experienced attorneys can help you determine what the value of your case might be and how long it might take to obtain a resolution.

How Much Is Your California Wrongful Death Claim Worth?

Wrongful death claims seek to recover compensation for the losses experienced by the victim’s family. Depending on the details of the case, you could be entitled to recover compensation for damages such as the following:

  • Funeral and burial costs,
  • Lost financial support,
  • Lost household support,
  • Lost inheritance,
  • Loss of guidance,
  • Loss of companionship,
  • Loss of consortium, and
  • Emotional trauma.

We cannot accurately identify any average Monterey wrongful death settlement amount because there really is no such thing as an “average” amount. Every case is different and any number of factors can dramatically affect your potential damages amount. But after assessing your unique factual circumstances, we can give you an estimate of your case’s value.

 

So contact us for a free case evaluation. We will review the details of your situation and offer our professional opinion on the potential outcome of your claim. Do not speak to the insurance company or provide a statement before you consult with an lawyer. The insurer can and will use any information you provide to deny your claim or reduce your settlement value. Even if the insurance company makes an offer to settle, make sure you consult a wrongful death lawyer in Monterey to determine whether the offer is fair and to learn what your alternative options might be.

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 Monterey wrongful death lawsuit to be filed is two years from the date of the accident.

 

Some exceptions to the statute of limitations may apply in your case, allowing you slightly more time to file a civil suit. However, talk to an attorney as quickly as possible after a loved one’s death. Getting your Monterey wrongful death lawyer onboard as quickly as possible helps protect your legal right to pursue damages. This also helps ensure that your claim is resolved as quickly as possible.

 

If you relied on the victim’s income or assistance, you are likely facing economic challenges in addition to grief and a profound sense of loss. The sooner your attorney can resolve your case, the sooner you can obtain the financial resources you need to get through this challenging time.
In most cases, Silva Injury Law, Inc. can negotiate a settlement through the at-fault party’s insurance company. Sometimes, however, the insurance company will not make a reasonable settlement offer. If that happens, we will discuss the possibility of filing a lawsuit and fighting in court for the compensation you deserve. Although settlements are preferred because they are faster and less risky, our experienced litigators are always prepared to file a lawsuit and fight for you in court.

Talk to a Monterey Wrongful Death Attorney Today for Free

Silva Injury Law, Inc. understands what you’re going through. You do not have to face this challenge alone. We handle everything on your behalf. We take the legal burdens off you so you can be with family and focus on more important things. We also understand how important it is to get you the maximum possible compensation for your damages. We develop our legal strategies specifically to fit your needs and the details of your loved one’s injuries and death. We build the strongest possible case and then we fight tirelessly to get justice for you and your family.

 

Throughout the process, we are here for you. We are compassionate advocates for the wrongly injured, no matter how large or how small your claim might be. We help you get the resources you need and we handle every aspect of your case, so you don’t have to worry.

 

Our experienced legal team also handles other types of injury cases, including:

Call or contact us today to learn more about our firm and how our Monterey wrongful death attorneys can help you get the justice and fair financial compensation you deserve.

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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.

As a peacemaker, the lawyer has a superior opportunity of being a good man. There will still be enough business.

- Abraham Lincoln