Castro Valley Wrongful Death Lawyer
Losing a close relative may bring immense pain and devastation to surviving family members. Grief is a natural response to a loss of life. It is an individual experience that may encompass many emotions, including confusion, disbelief, anger, and sadness. The grieving process may be challenging, particularly if someone else is to blame for losing a family member. Wrongful death is an incident where an individual's fatal injuries resulted from another party or entity's negligence. Bringing a wrongful death action may serve multiple purposes, such as providing financial support for survivors, helping them seek justice, and ensuring accountability due to the loss.
If your family has been deprived of a loved one due to an accident caused by someone else's negligence or carelessness, our legal team at AutoAccident.com can help. Call (510) 631-0200 or (800) 404-5400 to speak with one of our knowledgeable wrongful death lawyers serving Castro Valley, California.
At AutoAccident.com, our California wrongful death lawyers bring compassion, knowledge, and experience to every fatal accident case we handle. Our legal team understands the financial hardship and emotional toll a sudden loss of a loved one may have on surviving family members. We understand the challenges you and your family may be going through. Our attorneys would be honored to help you through this difficult time by handling your case from start to finish. Contact our law office today for a free consultation of your Castro Valley wrongful death case to learn more about our services and how we can assist you.How is Wrongful Death Proven?
Establishing that a loss of life occurred due to someone else's negligence requires an in-depth investigation. A skilled attorney will gather and preserve documentation and evidence. This may include witness statements, video surveillance footage, medical reports, traffic incident reports, etc. From there, a lawyer will build a strong case proving these four elements:
- Duty of Care: The other side owed a duty of care to the decedent to protect them from unreasonable harm.
- Breach of Duty: The at-fault party breached this duty of care owed to the deceased individual.
- Causation: The breach of duty was the direct cause of the incident that claimed the family member's life.
- Damages: Surviving family members suffered quantifiable losses due to their unexpected loss.
Clear and compelling evidence is necessary to prove a case for wrongful death. If the burden of proof is not met in the matter, the decedent's surviving family members may not be awarded financial compensation for their loss. Consider hiring a skilled and compassionate Castro Valley wrongful death attorney at AutoAccident.com for a favorable outcome of your claim.What Types of Damages Are Recoverable in Wrongful Death Cases?
Payouts from wrongful death cases include reimbursement for economic and non-economic damages incurred. The types of losses that may be available for recovery in a wrongful death action may include the following:
- Reasonable costs of funeral and burial services
- Expenses for end-of-life treatment (via survival action)
- Loss of future employment, retirement, and medical benefits
- Mental anguish experienced by surviving family members due to their loss
- The lost inheritance that survivors would have received if not for the fatal incident
- The value of the decedent's assistance and services provided to the household, such as childcare and home maintenance
- The value of the deceased individual's lost earnings based on their age, health, education, life expectancy, and other factors
The list of possible damages may extend to other losses. This will be based on the facts and circumstances of the matter. An experienced California wrongful death lawyer can closely examine the case and determine what losses surviving family members may be entitled to.Who Can File a Claim for Wrongful Death in California?
California law is specific on who can file a wrongful death claim. The following parties meet the eligibility criteria outlined in the California Code of Civil Procedure Section 377.60:
- A personal representative of the decedent's estate
- The surviving spouse, domestic partner, or children
- The parents of the decedent (if there is no surviving spouse, domestic partner, or children)
- Other family members who depended on the deceased person for at least half of their financial support
To determine your eligibility for a claim for damages, reach out to an experienced wrongful death attorney serving Castro Valley, CA, today for a free case evaluation.How an Attorney Can Help With a Wrongful Death Case
An experienced and knowledgeable attorney will handle a fatal accident case from start to finish to ensure that all options for financial recovery and justice are considered. Your Castro Valley wrongful death lawyer can help you and your family by:
- Protecting the rights of surviving family members and having their best interests at heart throughout the legal process
- Collecting evidence demonstrating a family member's demise resulted from another party or entity's negligence to build the strongest case possible.
- Identifying all sources of financial recovery, including uninsured and underinsured motorist coverage if the other side has insufficient or no liability insurance
- Negotiating a favorable settlement agreement that accounts for all of the family's past and future economic and non-economic damages
- Taking the case to court if attempts at a mutual settlement agreement have been exhausted with the insurance carrier and defense counsel.
Our law firm has handled wrongful death cases in Alameda County and throughout California since 1982. Learn how our legal team at AutoAccident.com can help by scheduling a free consultation with a team member or watching this video about our services.Castro Valley Wrongful Death FAQ
Is there a filing deadline for wrongful death actions in California?
There is a statute of limitations that applies to cases of wrongful death. According to the California Code of Civil Procedure Section 335.1, claimants have up to two years from the date of loss to file the matter in court. The case is subject to a shorter deadline if a public agency is named a defendant. According to the California Government Code Section 911.2, a six-month deadline may apply. To ensure that the statute is protected in your case, hire an experienced Castro Valley wrongful death lawyer immediately.
What are the benefits of hiring a lawyer for a wrongful death claim?
Attorneys who are well-versed in handling fatal accident cases will know California's wrongful death law and have ample experience negotiating with insurers. Skilled lawyers will know how to protect survivors' rights, conduct independent investigations to identify all at-fault parties, and hold the other side liable for damages incurred. Without an experienced attorney, the insurance carrier may pressure survivors into settling for an amount that is much lower than what they are rightfully owed.Contact a Castro Valley Wrongful Death Attorney Today
The loss of a close relative is painful and devastating enough without the added stress of taking legal action on your own. At AutoAccident.com, our legal team wants to help you and your family seek justice and full financial recovery for losing your loved one. Our Castro Valley wrongful death attorneys want to ensure that the other side is held accountable and your family does not face further damages from your loss. Contact our law office for compassionate, free, and friendly case advice at (510) 631-0200 or (800) 404-5400. Visit our Verdicts and Settlements page to see how we resolved past fatal accident cases.
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