Union City Wrongful Death Lawyer
When an individual loses their life in an accident as a direct result of negligence or carelessness, surviving family members may have grounds for a wrongful death claim. For many families, taking legal action may not be a priority when coping with grief. However, a wrongful death action may help provide a sense of justice and closure by holding the other side accountable for their negligent actions. A skilled Union City attorney who focuses on California wrongful death law can evaluate your case and determine if legal action is appropriate in your situation.
If you lost a family member in a recent accident due to another party's negligence, our compassionate Union City wrongful death attorneys can help you seek the justice and full compensation you deserve. Call (510) 631-0200 or (800) 404-5400 for free, friendly case advice from our skilled lawyers.
Since 1982, our law firm has successfully resolved wrongful death cases for many California families who have lost a loved one in an accident caused by someone else’s negligence. With extensive experience handling these cases in addition to our knowledge and resources, your family can depend on our legal team to ensure that you all receive the justice and full financial recovery you need. When your family works with AutoAccident.com, you will have a skilled Union City wrongful death lawyer on your side providing your family the best service a California law firm has to offer.What Evidence is Useful in Proving Wrongful Death?
One of the challenges in proving a fatal accident case is that the decedent is no longer around to provide their account of the incident. Therefore, a family can greatly benefit from working with a skilled Union City wrongful death attorney. A lawyer that is well-versed in California wrongful death law can be their loved one’s voice by thoroughly investigating the fatal crash and properly determining liability. The following types of evidence and documentation are useful in proving negligence, causation, and damages in a fatal accident:
- Statements from eyewitnesses to the fatal incident
- A death certificate demonstrating the actual cause of death
- Home videos and family photos that demonstrate the loving relationship between survivors and the deceased
- Financial records proving the extent of support the decedent provided to the household, like tax returns and other documents
- Traffic incident reports by the California Highway Patrol, Union City Police Department, or other law enforcement agencies in connection with a fatal accident
- Testimony from an economist who can provide their expert opinion on the present value of future lost wages based on the decedent’s age, occupation, education, health, and other factors
- Testimony from an accident reconstruction expert who can review the facts and circumstances surrounding the incident and offer an expert opinion on how the fatal crash in Union City occurred
If there is clear and compelling evidence demonstrating that the loss of life was the direct result of the other side’s negligence, the next step for surviving family members is to prove that they suffered damages because of their unexpected loss. A family can depend on their attorney to build the strongest case possible for maximum financial recovery.What Types of Damages are Recoverable in Wrongful Death Claims?
Surviving family members may seek reimbursement for financial and intangible losses caused by an accident that claimed a loved one’s life. While no amount of compensation may undo the pain of losing a close relative and bring them back, a successful wrongful death action may bring survivors the justice and sense of closure they need. Common economic and non-economic damages sought after in a wrongful death action in California may include but are not limited to:
- Expenses for final resting services for the deceased
- Mental anguish from the unexpected loss of a loved one
- The loss of benefits that the surviving family members may have reasonably expected to receive from the deceased
- The value of services the decedent would have provided to the household, such as childcare and home maintenance
- The loss of the meaningful relationship that survivors held with the decedent, including the companionship, support, guidance, and care they provided
- Costs of medical treatment for the deceased individual’s final injuries associated with the accident (this is recoverable through a survival action)
Proving damages may be challenging without knowledgeable legal counsel on your side. Therefore, it is essential to work with an experienced wrongful death attorney serving Union City, California, immediately. Key evidence for establishing damages may be lost over time, so your lawyer will want to start an independent investigation as soon as possible.Can Survivors Seek Punitive Damages in a Fatal Accident Case?
Punitive damages or exemplary damages in civil cases are rare. However, there are few cases where they may be awarded. Exemplary damages in fatal accident cases may be awarded if egregious conduct is involved (e.g., an at-fault party was driving under the influence of alcohol or drugs (DUI) or speeding excessively). When you seek assistance from a highly-rated Union City wrongful death lawyer, your attorney will review your claim and determine the types of compensation that is appropriate to seek in the case.Union City Wrongful Death FAQ
Our legal team from AutoAccident.com has included answers to some commonly asked questions about wrongful death claims in California. For a detailed explanation and answers on how California wrongful death law applies to your case, contact us for a free consultation.
What qualifies for wrongful death?
The loss of a close relative is heartbreaking and challenging to come to terms with, particularly when the death was unexpected and directly attributable to another party’s negligent actions. Under California law, a loss of life is considered wrongful death if it occurs from an incident that was the direct result of someone else’s negligence.
Who can file for wrongful death in California?
According to the California Code of Civil Procedure Section 377.60, specific close relatives have priority for filing for wrongful death. Eligible surviving family members may include the decedent’s children, domestic partner, or spouse. In the event that there are no surviving children, spouse, or domestic partner, other relatives may be eligible to seek compensatory damages. To determine your eligibility for this type of case, contact an experienced wrongful death attorney serving Union City, California.
How much time do you have to file a lawsuit for wrongful death?
Per CCP 335.1, a wrongful death action is generally subject to a two-year statute of limitations. In other words, surviving family members must file a case in civil court within two years of the fatal accident date. This must be followed if an insurance settlement is not accepted within that time frame. A case involving a government agency is subject to a different deadline. A notice of claim must be filed within six months of the death, according to the California Government Code Section 911.2.Contact a Wrongful Death Attorney Serving Union City, California
When an accident deprives your family of a close relative, it may be in your best interest to discuss the specifics of your case with an experienced Union City wrongful death lawyer. At AutoAccident.com, we have the resources, experience, and skills to build a strong case for full financial compensation in a verdict or settlement on your behalf. We are available to listen to your family’s story in a free consultation. Call (510) 631-0200 or (800) 404-5400 to get started with compassionate, free, and friendly case advice from our legal team.
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