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The death of a loved one is always heartbreaking, but your grief is intensified when that person is taken through someone else’s negligence. Every year, more than 167,000 individuals are killed through unintentional injuries, making accidents the third leading cause of death in the US. Surviving family members face financial hardship and an uncertain future due to the void left behind by their loved one’s passing.
Legal action cannot bring a victim back, but compensation can ease the stress, hopelessness, and other losses you experience. You may qualify to pursue a wrongful death action, and our personal injury attorneys at the Solution Now Law Firm will guide you through the process. Contact us to schedule a complimentary case evaluation with a San Jose wrongful death lawyer today.
When someone’s negligence causes fatal harm to another, immediate family members of the decedent may be able to seek compensation from the reckless party for the losses the family has suffered. The elements that must be proven are the same as if the decedent had filed a personal injury lawsuit for negligence.
Proving negligence entails four elements: a duty to act reasonably, breach of that duty, with the breach causing the accident in which the plaintiff is injured or killed because of the defendant’s breach. There is an additional requirement for legal action under California’s wrongful death statute; one must have “standing” to seek legal remedies. Only the following parties can bring a claim:
Family members can also elect to name a personal representative for the decedent’s estate who can file one action for all interested parties. This legal process can be complicated, which is why it is important to work with a San Jose attorney who has experience handling wrongful death claims.
California law provides that you can recover medical costs incurred before the victim’s death, as well as funeral and burial costs. Still, a wrongful death claim allows you to pursue damages for the losses you experience due to your loved one’s passing, as separate from the losses of the victim. Potential damages include, but are not limited to:
Our San Jose lawyers at the Solution Now Law Firm will assist with the legal process for recovering compensation, which usually starts by filing a wrongful death claim with the responsible party’s insurance company. If the insurer does not pay a fair amount to settle your claim, we will file a lawsuit in court to obtain the monetary damages you deserve.
Grief is a personal process, and your family should take as much time as needed to accept losing a loved one. If your loss was caused by a senseless act of violence or a reckless act by another, we are here to help you get the compensation you deserve to help you through these trying times.
While you take the time to grieve, our legal team at Solution Now Law Firm can take care of the legalities. You are more than just a number to us, and we will work hard to make things right for you and your family. Contact a compassionate San Jose wrongful death lawyer at our office today to set up your no-cost consultation.