After an accident that takes the life of a loved one, the surviving family members may not know what to do next. With more questions than answers, they may feel angry and confused, wondering how to hold someone responsible.
A fatal accident might produce a wrongful death claim brought by a surviving family member. Our disciplined attorneys can help those close to a deceased person by determining negligence in San Jose wrongful death claims, which sets the foundation for getting something back after a tragic loss.
Bringing a wrongful death claim based on an accident can require proving the elements of a negligence claim, but there are other rules to consider first. Not just anyone can bring this type of claim, and there is a limited time to do so.
As laid out by California Code of Civil Procedure § 377.60, someone can only bring wrongful death claim if they had a certain type of relationship with the deceased person. This restriction prevents just anyone from bringing the claim, as it is really an action of the person who has passed away, brought by another. These categories include:
A person wanting to bring a wrongful death claim must fall into one of these categories or be the personal representative of the deceased person’s estate.
Another consideration is timing, as a person hoping to bring a wrongful death claim must do so quickly. California Code of Civil Procedure §335.1 creates a statute of limitations of only two years from the date of death, after which a claim usually cannot be filed.
Attorneys in San Jose familiar with these state rules and claims could help a person see if they can bring a wrongful death claim in time. They could also determine if a claim will require proof of negligence and what that might entail.
Negligence claims typically require proof of four elements: duty of care, breach of that duty, causation, and damages. Wrongful death claims are similar in that the plaintiff must show that the person who caused the fatal accident breached a duty of care, even if their actions were unintentional.
A plaintiff making a wrongful death claim must gather evidence of how the accident happened, who’s actions (or inaction) caused the accident, and if there were any other intervening or contributing causes that might stand in the way. Lawyers can assist by interviewing witnesses, gaining access to surveillance photos and video footage, and revisiting the scene of the accident.
One important difference between typical negligence claims and wrongful death claims is the issue of damages. Not all the same damages are available in a wrongful death claim, as the claim is based on the death of the person, rather than “injuries” both physical and non-physical. Instead of claiming medical costs and lost wages as the result of an injury, a plaintiff bringing a wrongful death claim can sue for funeral costs, medical expenses leading up to death, the financial support provided by the deceased, and the loss of relationship with them.
The exact damages to be claimed after showing negligence in a wrongful death action will depend on the specific circumstances, which a San Jose lawyer could evaluate and explain in detail.
Losing a loved one can be emotionally taxing, and the family of a deceased person can feel the effects into the future. Although getting compensation from a responsible party cannot bring that person back, it can provide some sense of closure and justice for those grieving.
Determining negligence in San Jose wrongful death claims can be the first step to getting that compensation and closure. Those looking to make a claim can rely on our lawyers at Solution Now Law Firm for expert advice and a focused source of support throughout the process. Call for a consultation and get a claim started as soon as possible.
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