A family who has experienced the loss of a close relative in an accident recognizes the significance of prioritizing their own well-being following an unforeseen death. Nevertheless, proceeding with legal action is often essential in many situations. Filing a wrongful death case with an experienced attorney allows surviving family members to seek justice and monetary relief for their loss. By holding the opposing party accountable for their actions, survivors can obtain a sense of closure and the financial means needed for a secure future.

If your family has been deprived of a loved one in an incident caused by someone else’s negligence, our knowledgeable wrongful death lawyers in Pacheco can help you through this difficult time. Call our legal team at (925) 428-5220 or (800) 404-5400 for compassionate, free, and friendly case advice.

All fatal accident cases can be challenging to manage, particularly when coping with loss and grief. Fortunately, an experienced California wrongful death attorney from our law firm can stand up for your family and protect your rights. Our legal team is committed to providing Pacheco families we represent with the care and compassion they need after losing a close relative in an unexpected accident. We have handled cases since 1982, providing us with extensive experience and knowledge. For additional information about how our law firm can help your family, contact us today for a free consultation.

In California, wrongful death is a term used to describe a fatal incident caused by another party’s negligent or careless actions. As such, the causes of fatal accidents and the grounds for wrongful death actions may vary greatly based on the facts and circumstances of the matter. A surviving family member may be eligible to file a case if a close relative suffered fatal injuries because of a motor vehicle collision, workplace incident, premises liability, product liability, or another type of situation caused by someone else’s negligence or recklessness.

The specifics of a fatal accident may occasionally be insufficient to convey the full story of the incident. The opposing party may present contradictory details on what occurred to shift blame and avoid liability for the incident. An experienced attorney will conduct a comprehensive investigation into a close relative’s passing to establish the sequence of events leading to the fatality and properly establish fault. Liability may lie with one or more parties, including:

• Individual: An attorney will compile evidence supporting a claim that an individual caused a fatal accident through negligence or carelessness.
• Employer: A lawyer will work diligently to determine if the at-fault party caused the fatal incident during their course of employment and hold their employer liable for an employee’s negligence.
• Manufacturer: An attorney will examine the alleged flawed product and work with expert witnesses to determine if the defective item directly caused or contributed to a family member’s demise.
• Government Entity: A lawyer will assess the crash site for any unsafe road conditions that may give rise to a claim against the public agency for failure to safely design or properly maintain the roadway.

A wrongful death action is a type of civil case that allows the surviving family members of the deceased to seek monetary relief from the individual or entity whose negligence resulted in their loss. These cases aim to compensate the family for the intangible harm and financial burden they have experienced because of the unexpected loss of a close relative. Claimants may seek reimbursement of various economic and non-economic damages. These may include mental anguish, loss of income, funeral and burial costs, medical expenses accrued before passing (via survival action), and more.

The right and priority to file these matters falls on the surviving children, domestic partner, or spouse of the deceased person. This is outlined in CCP 377.60. If the decedent is a minor child or is unmarried at the time of the fatal incident, the surviving parents may be eligible to file a claim. If these relationships with the deceased do not exist, other family members who depended on the deceased for financial support may have grounds for a claim. An experienced wrongful death attorney in Pacheco can determine a survivor’s eligibility for filing in California.

While most claims for fatal accidents are settled with insurers outside of court, an experienced wrongful death attorney will file a case in civil court if a mutual agreement cannot be reached with the opposing party. The lawyer handling the case will litigate the matter and will be prepared to present the case before a jury in California. An attorney will:

• Present relevant and admissible evidence
• Consult experts in the field, such as an accident reconstruction specialist
• Prepare a compelling argument to convince the jury that the family has suffered significant losses because of the opposing party’s negligence

The right attorney will provide regular updates as they occur in the case and keep clients informed throughout the entirety of the legal process. They will be available to address any concerns or questions surviving family members may have about their case. For additional information on the legal process and what to expect moving forward, contact our wrongful death lawyers serving Pacheco today.

Most cases of wrongful death are handled by attorneys under a contingent fee agreement. This means the client is not required to pay their lawyer upfront or out-of-pocket costs. Attorney’s fees will only be due if a successful result is obtained. When a case moves into litigation, the costs of legal representation generally increase. Here at AutoAccident.com, we work on contingency and offer free case evaluations at your convenience.

How much time does it take for a case to resolve?

The amount of time for claim resolution varies from case to case due to the unique facts and circumstances involved in each matter. As such, some cases may be concluded within months or years. If the wrongful death case proceeds to litigation, it may take several years for the matter to be resolved. Once an attorney has learned more about the case, they will provide a family with a better timeline as to the expected duration of the matter.

How long does a family have to file for wrongful death?

According to CCP 335.1, survivors must file a case of wrongful death within two years of the fatal accident date. Failure to protect the statute can bar a family from seeking monetary recovery. Exceptions to California’s two-year statute of limitations for wrongful death cases can apply. This means survivors may have less time to move forward with a claim. It is recommended that survivors consult with an experienced attorney in their area to ensure they do not miss any important deadlines.

At their most severe, accidents can result in catastrophic injuries or, in extreme cases, the loss of a life. If you have lost someone you love in a recent incident caused by someone else’s carelessness or negligence, our experienced legal team is prepared to hold negligent parties accountable for your loss. Contact our knowledgeable wrongful death lawyers serving Pacheco, California, for case advice that is compassionate, free, and friendly today. Call our law firm at (925) 428-5220 or (800) 404-5400 to schedule a free consultation at your convenience.

Photo Source: By “BrettSayles” on Pexels.com

:ds [cs 1269]