Pleasanton Wrongful Death Lawyer
Families of people who are killed in unexpected and tragic accidents will never be the same. This is especially true when the incident was the result of someone else’s wrongdoing. When you have suffered the tragic and unexpected loss of a loved one, taking legal action may be the last thing on your mind. However, bringing a wrongful death action against the individual or entity responsible for the loss of your close relative may play a key role in providing you with a sense of justice and financial compensation for a more secure future.
The Pleasanton wrongful death attorneys at our law firm understand the challenges that survivors face after the loss of a loved one. We are here to provide compassionate and skilled legal representation that families need. Call now for free, friendly case advice at (925) 428-5220 or (800) 404-5400.
At AutoAccident.com, our legal team represents surviving family members in wrongful death matters. We have decades of collective experience handling these cases and would be honored to put our knowledge, skills, and resources to work for your claim. Unlike insurance companies and defense counsel, we care about our clients and want to work toward a successful resolution that will protect their future. Our wrongful death attorneys from Pleasanton will only be a phone call away if your family needs help. We operate on a contingent fee basis, meaning you owe us nothing unless we recover compensation on your behalf.How is Negligence Proven in a Wrongful Death Claim?
Negligence must be demonstrated through clear and compelling evidence in a fatal accident case. Without it, it may be challenging to establish who was responsible for the loss of a loved one, how their negligence caused the fatal incident, and why they should be held accountable for resulting damages. Even in cases where liability is clear, proving negligence may require evidence, such as:
- Statements from eyewitnesses to the deadly incident
- Traffic incident reports from law enforcement officers
- Video surveillance capturing the scene of the fatal accident
- Pictures, videos, and other physical evidence at the crash site
- Testimony from expert witnesses such as an accident reconstruction expert
Evidence plays an integral part in a wrongful death claim. That is why it is a good idea to work with an experienced accident attorney immediately to ensure that evidence is secured and preserved before it is lost or destroyed as time goes by.What Damages are Recoverable in a Fatal Accident Case?
The damages that may be sought through a wrongful death claim generally fall into two categories: non-economic and economic. Economic damages represent financial losses in connection with the unexpected loss of a close relative, whereas non-economic damages consider the intangible harms that the family has experienced. Recoverable losses may include:
- Expenses for funeral and burial services
- Lost benefits, such as a pension or health insurance
- Loss of future wages and financial support for the family
- Costs of treatment between the time of the final injury and the time of passing
- Mental anguish for the unexpected loss of a loved one in a devastating accident
- Lost affection, companionship, and protection suffered by surviving family members
Placing a value on these losses may be challenging and time-consuming. Therefore, home videos, birthday cards, and family photos are useful for demonstrating the loving relationship that survivors have lost because of a fatal accident in Pleasanton, California.Can Punitive Damages Be Recovered in a Wrongful Death Case?
Aside from non-economic and economic damages, punitive damages may be sought if a loved one lost their life because of an accident caused by egregious behavior. A motor vehicle collision caused by a driver who was excessively speeding or who was under the influence of drugs or alcohol (DUI) would be an example of egregious conduct. Punitive damages in a wrongful death case are generally awarded at the court’s discretion.Who Can Be Held Liable for a Fatal Accident?
An individual or entity that caused a loss of life due to negligence may be held liable through a wrongful death action. There may be more than one at-fault party in these cases. For instance, if a fatality occurred in a motor vehicle collision in Pleasanton, California, negligent individuals or entities may include:
- Drivers found at fault for the traffic collision
- Trucking companies that are responsible for hiring and training truckers, abiding by Hours of Service (HOS), and following other safety regulations
- Vehicle manufacturers whose defective products caused a failure that compromised consumer safety and led to a deadly accident
- Medical professionals are expected to exercise a high standard of care, and when they fail to do so, patients may be seriously hurt or killed
- Government entities that have failed to safely design, construct, and maintain public roads and the roadway defects resulted in a fatal crash
Fatalities may occur under a wide array of circumstances and in many places, including the city of Pleasanton. If you have lost a loved one in a recent fatal collision in Alameda County, it is essential to discuss your case in detail with an experienced wrongful death attorney immediately.Who Can Bring a Wrongful Death Lawsuit in California?
The right to bring a wrongful death claim for the loss of a close relative is outlined in the California Code of Civil Procedure Section 377.60. According to CCP 377.60, the spouse, domestic partner, and children of the deceased have priority in bringing these matters forward. If there is no surviving spouse, domestic partner, or children, other relatives may be eligible for filing. This may include the decedent’s putative spouse, stepchildren, and parents. Contact an experienced wrongful death attorney from Pleasanton today for assistance determining who has grounds for this type of matter.What is the Statute of Limitations for a Fatal Accident Case?
Under the California Code of Civil Procedure Section 335.1, a family of a deceased person has up to two years from the date of loss to file a case in civil court. This time limit is called the statute of limitations. While it may be challenging to initiate a claim following a tragic loss, it is essential to start right away. That is because the statute of limitations may be shortened to six months in cases involving public entities. Therefore, the sooner a wrongful death lawyer from Pleasanton is hired, the sooner they can get to work by preserving evidence and supporting your case.Contact a Pleasanton Wrongful Death Attorney Today
Working with an experienced and skilled Pleasanton wrongful death lawyer is your best bet for a successful outcome against an at-fault party and insurance companies. When your family is ready to discuss your options, contact us at (925) 428-5220 or (800) 404-5400 for compassionate, free, and friendly case advice. Our injury attorneys serve clients in Alameda County and throughout California. Before calling for a free consultation, see some of the results we have secured on behalf of past clients by visiting our Settlements and Verdicts page
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