San Leandro Wrongful Death Lawyer
San Leandro Wrongful Death Lawyer
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The area around San Leandro is no stranger to dangerous traffic accidents resulting in fatalities. When another’s negligent actions were the cause, the family may be able to file a claim for wrongful death. According to the California Office of Traffic Safety, in 2019, 228 injuries and deaths were attributed to traffic collisions in the city.
Getting Compensation After a Wrongful DeathWe at AutoAccident.com are here to assist you with navigating the legal landscape following a wrongful death. We aim to get you justice and compensation for your losses, and we understand how difficult this time is for you. With years of experience handling wrongful death claims, we treat your loved ones as we would like to be treated ourselves. For you and your loved ones to grieve in peace, we try to make it as easy as possible, so you do not have to worry about finances.
Causes of a Wrongful DeathThere are many potential causes of wrongful death, including:
- Traffic accidents – Drivers of cars and trucks, common carriers, motorcyclists, bicyclists, and pedestrians are all responsible for the safety of others. They may be held liable if they are at fault for an accident that results in death.
- Workplace accidents – If an employer has not provided a safe work environment, they may be held responsible if an employee dies.
- Criminal acts – If a person’s act takes the life of someone, the perpetrator may be held liable for a wrongful death through an action taken in civil court and any criminal charges.
- Defective products – When products are defective and lead to death, the company may be responsible for the design, faulty manufacturing, or the lack of warning labels.
- Premises liability – If someone drowns due to another person’s negligence, such as a lack of lifeguards at a pool, they may be held liable. Other causes of death due to premises liability may include dog bites, falls, and others.
- Fires – If a fire is started due to someone else’s negligence, such as by the electric company, they may be held liable.
If someone else’s negligence or recklessness caused the loss of your family member, you might be entitled to compensation through a wrongful death claim. Contact a wrongful death attorney today to learn more about your legal options and whether you have a case.
Filing a California Wrongful Death ClaimIn California, the following people may be able to file a wrongful death claim:
- The decedent’s spouse
- The deceased person’s domestic partner
- The children of the decedent
- The deceased person’s parents (if the deceased was a minor)
- If the deceased had no spouse or children, parents and siblings might be able to file.
A wrongful death attorney can help you determine if you have a case and who is eligible to file a claim.
The Time Limit to File a Wrongful Death Claim Is LimitedThe statute of limitations in California for filing a wrongful death claim is two years from the deceased person’s date of demise. This means that you must file your claim within two years or be barred from doing so in most cases. In others, such as medical malpractice, the time limit to file may be extended.
If you’ve suffered the death of a family member due to someone else’s negligence, it is essential to act quickly and consult with a wrongful death attorney who can help you understand your legal options and ensure that your claim is filed promptly.
How Can I Get Help with My Wrongful Death Claim?A wrongful death attorney can help you navigate the legal process and fight for the compensation you and your family deserve. Contact a San Leandro wrongful death attorney today for more information.
What Damages Are Recovered in a California Wrongful Death Claim?In a California wrongful death claim, the following damages may be recovered:
- The cost of the funeral and burial
- Income and benefits lost as a result of the decedent’s death
- The surviving spouse suffers the loss of companionship, consortium, and love
- Compensating the children of the deceased parent for the lack of future guidance and nurturing they do not receive
- Tax preparation, childcare, lawn care, car care, and other household services that have to be paid for out of pocket if previously done by the deceased
- Inheritance loss for will beneficiaries
It is possible to file a survival action if the decedent lived for some time before passing away. This would have been a personal injury claim if the decedent had lived. An action for survival may recover the following, but pain and suffering might not be recoverable. A survival action will also seek reimbursement from Medi-Cal if they covered medical costs. Your injury lawyer can explain the difference and advise the family on what would be most beneficial for them. It is possible to recover the following through a survival action:
- Wages and benefits that the deceased would have received
- Expenses associated with the deceased’s injury that led to their death
- A survival action could recover punitive damages if the death was egregious or intentional
An experienced wrongful death lawyer from San Leandro can help you understand what damages may be available in your case and fight for the full compensation you are entitled to.
Following is a video by Attorney Ed Smith explaining why hit’sring a lawyer is crucial after being injured or losing a loved one because of another’s negligence.
San Leandro Wrongful Death LawyerFor a free consultation with one of our San Leandro wrongful death attorneys, contact us by calling (510) 631-0200. Alternatively, you can contact us online or at (800) 404-5400. When searching for free and friendly advice about your case, deciding which injury lawyer to call can be confusing. We hope the following links will help. To view some of our cases and client comments, please see our Verdicts and Settlements page as well as the links below:
Photo attribution: Image by Myriams-Fotos from Pixabay
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