Salinas Wrongful Death Lawyers
Wrongful death occurs when a party negligently or intentionally causes the death of another person. There are many possible causes of wrongful death, and families might lose a loved one in a car crash on Highway 17, a fatal boating accident off the coast, or a violent assault.
While the responsible person might face criminal charges of murder or manslaughter, the criminal justice system does not do enough to help surviving families. They can file a wrongful death claim in civil court to seek the justice they deserve in the form of monetary compensation.
Pursuing a successful wrongful death claim is not easy. It can be a lengthy process involving significant evidence and back-and-forth negotiations with difficult insurance companies. Some cases require filing a lawsuit and navigating the litigation process.
When you are grieving a tragic loss, you do not need the stress of the legal process. You need a compassionate advocate handling the process and protecting your rights.
The Salinas wrongful death lawyers at Silva Injury Law represent families in their most difficult times. We know how devastating your loss is, and we fight to obtain the full compensation you need for financial support and justice.
If you are in this devastating position and believe someone else caused the death of your close family member, consult with our team today.
Accidents That Lead To Wrongful Death In Salinas
Various accidents can lead to wrongful death claims in Salinas. The cause of the fatality will dictate the legal process and what complications may arise. Silva Injury Law can assist with wrongful death claims involving the following accidents and more.
People die in car accidents every year in Salinas. Highway 17 is one of the most dangerous roads in the entire state, but crashes can happen anywhere. Car accidents often happen due to speeding, driving while intoxicated, automobile defects, road repairs, distracted driving, reckless driving, and more. Many fatal car accidents lead to wrongful death claims against negligent drivers.
Many people enjoy riding motorcycles in the Salinas area, and crashes are too common. Motorcycle accidents usually occur when another driver is not paying attention and does not notice the motorcyclist. Other vehicle drivers should avoid distractions and check their blind spots often for motorcycles before making turns or switching lanes. A motorcyclist’s lack of protection often leads to fatal injuries in a collision.
Truck accidents usually involve a large 18-wheeler truck and a smaller vehicle. When a semi-truck collides with an automobile, the automobile occupants almost always suffer severe injuries, which can be fatal. Some ways that tractor-trailer drivers can cause wrongful deaths are aggressive driving, driving while intoxicated, violating trucking regulations, speeding, improper loads, mechanical defects, and more.
When an individual is walking on the road or crosswalk, and a vehicle does not slow down or stop in time, it can lead to a forceful collision. These accidents usually occur when the motor vehicle driver does not see the pedestrian, is not paying attention, is speeding, or runs a stop light or stop sign. People might not stand a chance of survival when a moving car hits them.
Riding a bicycle is an environmentally-friendly transportation option, a great way to exercise, and a fun activity. The law allows cyclists to share the road, but driver errors can lead to fatal collisions. Crashes often happen when drivers fail to pay attention, look over their shoulders before turning or changing lanes, or drive cautiously in cities and areas with high bicycle traffic.
Accidents on Other People’s Property
Premises liability accidents occur on someone else’s residential or commercial property. These accidents are typically a result of the owner’s failure to maintain a safe and hazard-free environment and property. Common premises liability claims include slip and fall accidents, dog or animal bites, construction site negligence, hotel accidents, and parking lot accidents. If the owner was aware of the hazardous conditions and did not fix them or give any warning, they should be accountable for the deaths that result.
Manufacturers must ensure that all products they create and sell to the public are safe. However, companies should be liable when they fail to properly test their products or warn the public about possible side effects or safety concerns. Some examples of wrongful deaths from defective products include defective vehicles, toxic foods, dangerous toys and children’s products, harmful pharmaceuticals, toxic cosmetic products, and more.
Most healthcare providers have gone through many years of training and education to learn how to do their jobs properly. However, an error in care can lead to a serious medical accident. Patients can die when physicians or nurses become distracted, rush, or miss a step during a procedure.
Some common types of medical malpractice that can lead to fatalities include defective medical devices, birth injuries, pharmaceutical errors, wrong diagnoses, delayed treatment, rushed treatment, improper treatment, lack of informed consent, surgical errors, and more.
Nursing Home Accidents and Abuse
Most nursing home accidents occur when employees neglect or abuse residents. Many nursing homes around California are understaffed and have poor staff training. If families do not notice red flags, your loved one’s situation can become dire in a nursing home, and they might pass away from their injuries.
The most common types of abuse that lead to wrongful deaths in nursing homes include assaults, dehydration, malnutrition, lack of fall prevention, medical errors, not properly giving medication, untreated illnesses and injuries, bedsores, sepsis, broken bones, and more.
Dog and Animal Attacks
When an individual is going for a run, enjoying a relaxing day at the park, or visiting someone’s home, they place their trust in people who are dog and animal owners. When an animal owner fails to keep their animal leashed, animal attacks can and do happen, and they might be fatal, depending on how severe their injuries are. Dog owners are liable when their animals engage in fatal attacks.
No matter what type of incident led to the wrongful death of your loved one, be sure to speak to a Salinas wrongful death attorney from Silva Injury Law as soon as possible. The longer you wait to file a claim, the less time you have to build a case for receiving compensation.
We begin investigating liability for your loved one’s death and gathering evidence if other parties were responsible.
Some potentially liable parties in wrongful death claims include:
- Commercial truck drivers
- Retail stores and businesses
- Homeowners and dog owners
- Employers of people who caused fatal accidents while working
- Medical professionals or facilities
- Manufacturing companies
Whether you need to file a claim against a driver’s auto insurance or a major pharmaceutical corporation, Silva Injury Law can help. We can also handle multiple insurance claims if different parties share liability for your loved one’s death.
The Right Wrongful Death Lawyers For Your Family
Silva Injury Law proudly serves clients in the Salinas area. Our wrongful death lawyers are knowledgeable when it comes to wrongful death cases and the laws in California. We know these are trying times for your family, and no other pain can be worse than losing a family member or loved one. As a result, we do not think you should bear the costs when someone else is responsible for wrongfully killing your loved one.
A wrongful death attorney from our law firm will guide you through the process, explain every step of your case, and stand up for your right to compensation to cover your losses. No matter how difficult the legal process may become, we will be by your side and help you make the right decisions based on your claim. Ultimately, Silva Injury Law’s goal is to ensure justice gets served.
Wrongful Death Laws In California
The wrongful death laws in California (Code 377.60) state that surviving family members or estates can file a lawsuit against the responsible parties when a person dies because of another’s wrongful act. The wrongful act must have resulted from negligence, recklessness, or intentionality.
The people who can bring a lawsuit for a wrongful death accident in California include:
- A surviving spouse
- A domestic partner
- A surviving child
- A surviving grandchild (if the deceased individual’s child/children are deceased)
- A dependent stepchild or adopted child
- Any other person entitled to the deceased individual’s property under California law
Seeking Damages For Wrongful Death
Suppose you are seeking compensation to cover the damages for wrongful death. In that case, you will need to take the time to properly assess and identify all damages you have experienced since the death of your family member or loved one. These damages can include economic and non-economic damages, which we will explain below.
Economic damages in California are monetary losses that you can measure. Some examples include medical bills, lost income and wages, funeral and burial expenses, loss of future income and wages, loss of benefits, loss of household services, and more.
Non-economic damages in California are intangible losses that you cannot objectively measure. These damages are the losses you experience that do not necessarily have a monetary value tied to them. Some examples include physical pain, mental suffering, trauma and distress, loss of companionship, enjoyment of activities, depression, and more.
You need an experienced attorney to calculate your damages, so your family can seek the appropriate amount from the liable parties. No amount will replace your loved one, but covering your losses can help your family grieve without financial concerns.
Criminal Cases Versus Wrongful Death Claims
Wrongful death claims are different from criminal homicide cases, such as murder and manslaughter. The main difference is that wrongful death claims are civil cases, which allow the deceased individual’s family and loved ones to sue parties that caused their loved one’s death.
Criminal charges might result in whether the death happened due to negligence or intentionally wrongful conduct. If a drunk driver caused a fatal accident, they can face vehicular manslaughter charges. If a person shoots someone else, they can face murder charges. In either situation, a wrongful death case can also happen on the civil side.
Criminal cases often lead to probation or incarceration when the defendant is guilty, while wrongful death civil cases focus on recovering compensation for injuries and damages that the defendant caused.
Talk to a Salinas wrongful death lawyer from Silva Injury Law as soon as possible about the loss of your loved one so you can build a case and seek justice.
Seek Legal Help As Soon As Possible
You must know the California Statute of Limitations only gives individuals two years from their loved one’s injury to file a wrongful death claim. While this may seem like a long time, Silva Injury Law encourages our clients to contact our office as soon as possible. We suggest this because time can pass you by when you are grieving a loved one, and we do not want you to miss the opportunity to fight for your right to the compensation you deserve for your losses.
Therefore, the sooner we hear from you, the sooner we can get started on your case. Should you miss the deadline to file a claim, you lose out on the opportunity to recover compensation.
Consult With Our Salinas Wrongful Death Attorneys
If you have decided to pursue a wrongful death claim, choose a compassionate Salinas wrongful death attorney with the skills and experience to handle these cases. Our attorneys at Silva Injury Law are dedicated to our clients and will do everything we can to alleviate the additional stresses a court proceeding may cause. Reach out to a personal injury lawyer.
We know that you are going through a very difficult time right now and that no amount of compensation will bring back your loved one. However, we believe you deserve compensation to help you pay for your accumulated expenses and get your life back on track.
We look forward to meeting you soon and helping you get the justice you deserve.