Losing a loved one is devastating. When that death is due to another’s negligence, it can be even more difficult to endure. If someone’s negligence or misconduct caused the death of your loved one, California law gives you and other family members the right to pursue legal action against the liable party. While no amount of money could ever replace the loss of someone you love, compensation can help you and your family begin healing after such a catastrophic event. Contact a qualified Watsonville wrongful death lawyer at Silva Injury Law to discuss your options if you lost a loved one due to negligence.
What Is Wrongful Death?
Wrongful death occurs when a person dies due to someone else’s negligence or misconduct. Wrongful death claims occur in civil court, separate from any potential criminal action that may arise from the same incident. When someone fails to take action, that failure causes death. This negligence forms the basis for a wrongful death action. When a wrongful death action is successful in court, the surviving family members of the deceased receive financial compensation for this loss.
California’s Code of Civil Procedure section 377.60 provides the persons entitled to bring a wrongful death claim. Most parties filing wrongful death claims in California are the surviving spouses and children of the deceased person.
Domestic partners are also permitted to file these claims. In situations with no close family members, other family members such as siblings and grandparents may file a claim.
Types of Wrongful Death Claims
A wrongful death may occur in any number of tragic situations. However, the most common types of wrongful death claims arise from the following events:
Every kind of wrongful death claim presents a unique set of facts and requires specific evidence to prove your claim. Understanding what type of wrongful death claim you have requires the assistance of a qualified personal injury lawsuit.
How Long Do I Have to File A Wrongful Death Claim?
The statute of limitations for most wrongful death claims in California is two years from the date of the decedent’s death. If you fail to initiate the case within this period, there is a strong chance you lose the right to file it at a later time. There are some exceptions to this two-year statute of limitations. However, whether exceptions apply to your situation depends on the circumstances and specific facts unique to each case.
What Is the Average Settlement for Wrongful Death
Various factors affect the average settlement for wrongful death. For this reason, most Watsonville wrongful death lawyers never give an average value until they review the specific facts of your case. The factors with the most impact on the value of a wrongful death claim are the financial losses resulting from the accident. When surviving family members file for wrongful death compensation, they may be eligible to recover both economic and non-economic damages for their loss.
Economic Damages
Economic damages represent calculable and financial losses directly related to death. These include the following:
Medical bills,
Funeral costs,
Lost inheritance, and
Loss of future earnings the deceased would have provided had they lived.
Medical expenses covered under economic damages include only those incurred from the date of injury up until the date of death.
Non-Economic Damages
Non-economic damages represent subjective and intangible losses related to death. These damages include the following:
These losses impact surviving family members in ways other than monetarily. While more challenging to prove, non-economic damages often provide family members with the means to move forward emotionally and psychologically after such a devastating loss.
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
Contact a Watsonville Wrongful Death Lawyer
At Silva Injury Law, our team of Watsonville wrongful death lawyers treats you like family. We understand the incredible loss you and your family have endured. While you attempt to process such a life-changing event, we are with you every step of the way. We look out for your best interest and focus our commitment on achieving the best resolution for you and your family. Silva Injury Law never charges victims any money upfront to handle their case. We get paid only when we collect money for you. Contact us today for a free consultation to find out how we can help you in this difficult time.
