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Our mission is to make you whole again by recovering compensation for all your losses—medical bills, lost wages, and more.
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Losing a loved one unexpectedly is a devastating tragedy that no family is prepared for. When somebody’s negligence or recklessness takes away a mother, father, or child, the emotional toll is high.
California law recognizes this loss with statutes that allow families to sue the responsible parties for taking their family member away – it’s called an action for wrongful death.
Nothing can bring back the person you loved, but compensation can help your family stay on track financially after a loss. Wrongful death cases can be complicated, so it’s important to choose an experienced and reputable California wrongful death attorney, such as those of Silva Injury Law, Inc.
Contact us online or call (209) 600-4389 today for a free, no-obligation consultation.
What is a California Wrongful Death Case?
A California wrongful death case is an action that is brought by the survivors of a victim that died as a result of a negligent, reckless, or intentional act.
In some cases there might be criminal charges brought by the State of California against the person that committed the wrongful act, but it’s not necessary to prove that a person is guilty of a crime to sue them for causing a wrongful death.
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Who Can Bring a Wrongful Death Lawsuit in California?
In California, a wrongful death claim can be brought by the following parties:
- Surviving spouse;
- Surviving domestic partner;
- Surviving offspring;
If none of the above exist, a suit can be filed by any person that would be entitled to the property of the decedent based on intestate succession. This could include parents, siblings, or cousins, and would give preference to relatives that were living with the victim before he or she was killed.
The following people may be able to bring a lawsuit, with the help of a California wrongful death lawyer, if they can prove that they were financially dependent on the victim:
- Common law spouse and their offspring
- Stepchildren
How to Get a Copy of a Death Certificate in California
Elements of a California Wrongful Death Lawsuit
In order to prevail in a lawsuit for wrongful death, the following elements must be proven by a preponderance of the evidence:
- A human being died;
- The death was caused by the negligent, reckless, or intentional act of another person;
- The survivors suffered financial losses due to the death.
Our experienced legal team also handles other types of cases, including:
What Damages Can Be Collected For a California Wrongful Death Case?
These are some of the types of damages that are available to families in wrongful death cases:
- Funeral and burial costs;
- Medical care for the deceased person after the incident that eventually caused their death;
- Lost income, including the future lost income that would likely have been generated by the person if they lived an average length life;
- The value of the household services provided by the deceased person;
- The loss of financial support and inheritance;
- The loss of love, attention, community, affection, guidance, and moral support.
If your family member did not die immediately after the incident that caused their death, you may also have a claim for the pain, suffering, and mental anguish they suffered before they died.
Cases We Can Handle
A sudden car crash can derail your life. Our aim is to put it back together.
Collisions with large trucks can cause devastating injuries. Our law firm fights for the compensation you need to rebuild and move forward.
The pain and suffering of dealing with a wrongful death can be overwhelming. Let us bring you and your family swift justice
Motorcycle accident victims have a wide choice of possible attorneys. The person must pick a trustworthy lawyer to handle their case effectively
Being hit by a drunk driver can turn your life upside down. We hold negligent drivers accountable and helps you secure the compensation you deserve.
Dog bites can get worse as time goes on. Let us help you get justice for your injuries!
Premises Liability You are owed a duty of care when you're on someone else's property. If that care is overlooked, we can get you justice.
Sexual assault cases don't end with just criminal cases. We stop at nothing until you get the compensation you deserve for your suffering.
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.
What are the Deadlines for Filing a Wrongful Death Lawsuit in California?
The statute of limitations for filing a wrongful death lawsuit in California is two years from the date of death. There are some exceptions that might allow a family to file later, but a family can lose their right to file if they don’t file in time.
At Silva Injury Law, Our California Wrongful Death Lawyers Strive to Promote Healing Through Compassionate Advocacy.
Contact a California Wrongful Death Attorney
Silva Injury Law understands how painful it is to lose a loved one, and offers warmth and support in your time of need. Knowing that your case is in good hands can help you have the confidence to mourn peacefully.
Please don’t hesitate to call (209) 600-4389 or reach us online today for a free consultation.
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