Modesto Wrongful Death Lawyer (209) 227-1931

Modesto Wrongful Death Lawyer Losing a family member or spouse in a sudden, unexpected accident is a traumatic and overwhelming experience. It is especially unsettling when the decedent was the breadwinner of a household and now their family is left with tremendous financial uncertainty on how to cover basic living expenses. That is why it makes sense to speak to a Modesto wrongful death attorney and consider whether it makes sense to pursue monetary damages through a wrongful death claim. Below are answers to some of the most common questions asked by prospective clients who desire to file a wrongful death claim.

What is a claim for Wrongful Death?

When someone dies as a proximate result of the fault of another person or company, then there is a basis for pursuing a wrongful death claim against the responsible party. Wrongful death claims involve an array of fatal accidents including automobile collisions, commercial trucking accidents, boating accidents, public transit accidents, medical malpractice, defective products and prescription drugs, and so forth. Individuals, companies, and government agencies can be held legally responsible (i.e. liable in legal parlance) for their negligent or reckless conduct.

Can Anyone File a Wrongful Death Claim?

No. Only specific individuals listed in the California Code of Civil Procedure can file a wrongful death legal action in a Modesto civil court. The California Code lists the following as eligible people who may take this type of legal action on behalf of a deceased loved one:

  • The decedent’s surviving spouse or domestic partner;
  • The decedent’s child, or children;
  • If there is no living spouse or child, then the decedent’s parents (if living) may file a claim; or
  • The executor of the decedent’s estate.
What Monetary Damages are Recoverable in a Wrongful Death Claim?

There are generally two types of monetary damages that can be recovered through a wrongful death lawsuit. The law has bifurcated economic damages from non-economic damages. In general, economic damages are those itemizable costs such as medical expenses associated with the accident that took your loved one’s life, funeral costs, burial costs, and the value of financial support you lost and what you could reasonably have expected to receive from the decedent in the future.

Noneconomic damages are those harms that do not fit neatly onto a spreadsheet or bill. Instead, they are the intangible harms associated with the unexpected loss of someone you loved dearly. These types of damages include:

  • The loss of love and companionship provided by your lost loved one;
  • The loss of comfort and care provided by your lost loved one;
  • The loss of protection and affection provided by your lost loved one; and
  • The loss of mentorship and guidance (if the decedent had children).
Who Should Be Sued in a Wrongful Death Lawsuit?

The answer to this question depends on the specific facts of your potential case. But, in general, a wrongful death lawsuit can be brought against an array of individuals, companies, and/or government agencies. To be sure, in a bus accident where a driver was texting and driving, a wrongful death claim could include defendants such as:

  • the driver;
  • the driver’s employer; and/or
  • if the driver was working for a city or state agency, then the agency (depending on the facts of your case).

In some instances, a government agency may be immune from a wrongful death lawsuit. Immunity means that the agency cannot be sued. However, immunity can be removed if there is evidence of reckless or egregious actions by a government employee

Is There a Time Limit for Filing a Wrongful Death Claim?

Yes. Every state legislature has enacted certain time limits for the filing of civil claims. These time limits are known as the "statute of limitations." There are at least three statutes of limitations related to wrongful death claims in California. In most situations, you must file a wrongful death lawsuit within two years from the date of your loved one’s death.

If your loved one died as a result of medical malpractice, you must take legal action against the health care provider within three years from date of the death or one year from the date of discovery by the plaintiff.

However, in other types of cases, the statute of limitations may be as short as one year from the date of death. Furthermore, special rules apply to the deaths of minors (i.e. minors usually have two years from the date they reach their majority to file a lawsuit) and individuals with a mental disability. Contact an experienced wrongful death lawyer for more information.

What Must Be Proven in a Modesto Wrongful Death Case?

Once a wrongful death lawsuit is filed, you must prove specific elements to prove your wrongful death claim. If you do not meet these elements, you will not be able to recover any economic damages. Therefore, you must prove the following:

  • Duty of Care – You must prove that the defendant owed a duty of care to your deceased loved one. For example, if your loved one was killed in a car accident, you must prove that the defendant had an obligation to obey certain rules and regulations while operating their vehicle (e.g., the applicable speed limit, yielding when appropriate, not texting and driving, etc.);
  • Breach of a Duty of Care – You must prove that the defendant breached a duty of care owed to your loved one. For example, if the situation involved a commercial truck accident, you must show that the defendant truck operator failed to obey applicable traffic laws; and
  • Causation – Many people are surprised to learn that it is not enough to prove that the defendant violated the law or rule of the road in some manner, or breached a duty of care. You must also prove the negligent action directly caused the death of your loved one. For example, even if the defendant failed to yield at a stop sign while driving a car, the defendant is not responsible for the deceased’s death if the death was caused by something else, such as a mechanical failure on the decedent’s vehicle.

As you can see, a wrongful death claim is not easy to litigate. It requires producing sufficient evidence to persuade a judge and jury that you should be awarded damages. This is why you should call me as soon as possible. I am here to help you get through this difficult time and I have the trial experience to get the compensation you deserve.

Modesto Wrongful Death Lawyer

I’m Ed Smith, a Wrongful Death Lawyer. If you have lost a loved one in an accident due to negligence on the part of someone else, please give me a call right away at (209) 227-1931 or (800) 404-5400 for friendly and free advice.

I’ve been assisting families with their personal injury and wrongful death claims for the past 35 years.

Read more about us here.

Check my client ratings on: Avvo (the lawyer ranking site), Yelp and Google Plus.

I am an injury lawyer of the Million Dollar Advocates Forum. Injury lawyers in this forum have won million dollar case verdicts.

Take a look at some of my past verdicts and settlements.

Image Information: Attribution to Jiri Hodan, via Wikimedia Commons

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