Experiencing a cherished family member’s sudden death is a heartbreaking and soul-crushing ordeal that no one should endure. The pain and anguish are magnified when you discover that their untimely passing directly resulted from another person’s reckless and careless behavior.

If you find yourself in such a tragic situation, where your loved one’s life was cut short due to the negligent actions of someone else, it is crucial to understand that you may have legal recourse available to seek justice and hold the responsible party accountable. One avenue to pursue is a wrongful death lawsuit, which allows you to seek compensation for the damages caused by the untimely loss of your loved one.

We empathize with your pain in these difficult times and offer compassionate support. Our dedicated team of injury lawyers is here to guide you through the complex legal process, providing you with the expertise and advocacy necessary to pursue a wrongful death claim. We recognize that no compensation can alleviate your grief, but obtaining a sense of justice and financial support can help you and your family navigate the challenging road ahead.

To take the first step towards seeking justice for your loved one, we invite you to contact our compassionate legal team for a free consultation. During this confidential conversation, we will listen to your story, evaluate the circumstances surrounding your case, and provide you with personalized advice based on our extensive experience in wrongful death lawsuits. You can contact us at (209) 227-1931 to schedule your consultation.

A wrongful death lawsuit is a civil claim enabling the victim’s estate to pursue monetary damages. This is different from a criminal case based on wrongful death.

Criminal cases are brought by the government against careless or reckless individuals. It is common for a reckless driver to be subjected to a criminal case if they violated the law and caused someone’s death, in addition to a civil wrongful death claim.

The damages you can expect to recover through a wrongful death claim depend on various factors related to your loved one’s death.

Generally, recoverable damages are divided between economic damages and non-economic damages. Economic damages include:

• Funeral expenses
• Burial expenses
• Medical bills incurred by the victim before their untimely death
• The lost income of the deceased person that they would have earned in the future had they lived

Non-economic damages are those imperceptible harms and losses. They include:

• Loss of love and companionship provided by the victim
• Loss of mentorship and guidance (especially when the victim had children)
• Severe mental and emotional trauma associated with a sudden loss

To prevail in a wrongful death lawsuit, the plaintiff (i.e., the representative of the victim’s estate) must prove, by a preponderance of the evidence, that the defendant was negligent and that negligent action, or inaction, caused the victim’s death. In the context of a car accident, most civil courts in California utilize a reasonable person standard when analyzing the issue of negligence.

This means you need to submit evidence and convince a jury that a reasonable person would have acted much differently and with a higher standard of care than the defendant. The defendant will be found negligent and liable for your harm and losses if proven.

The video below explains how to prove fault in a wrongful death claim in California.

Hiring a lawyer and filing a lawsuit probably feels overwhelming and intimidating at this challenging time. Nevertheless, it is essential to protect your legal rights- an attorney can help do that. Getting the best wrongful death lawyer in Tracy involved early in your case is crucial. Why? Because an attorney can get to work right away collecting vital evidence from the accident scene, obtaining a copy of the police report, reaching out to witnesses, etc.

This pre-trial investigatory work is another reason why it is wise to hire a lawyer. They take the burden of investigating the incident off your shoulders so you can focus on grieving, being with family, and putting the pieces of your life back together.

You may be concerned about hiring an attorney because you have heard stories that lawyers charge substantial hourly fees, which is not so for wrongful death attorneys. Most wrongful death attorneys in Tracy and across California operate on contingent fee agreements.

A contingency fee agreement means that you, the client, are not obligated to pay any upfront expenses. You can access a highly skilled and experienced lawyer with no initial costs. The lawyer is only compensated if they can secure a settlement or jury verdict on your behalf. If they recover, the lawyer will receive a percentage of the total recovery (usually between 33 and 40 percent).

Under California’s statute of limitations, a wrongful death action must be filed within a specific period to be considered legally valid. That time is two years from your loved one’s death date. For example, if your loved one passed away in an accident on September 1, 2019, you would have until September 1, 2021, to file a lawsuit in civil court. 

Failing to file suit within the two-year statute of limitations will likely mean you lose the right to obtain financial recovery from the reckless individual who caused your loved one’s death. 

If you lost a loved one in a fatal accident caused by someone else’s negligence, a skilled wrongful death lawyer in Tracy could help you seek justice and compensation for your loss. To learn more, call our injury lawyers for free, friendly advice regarding your potential case at (209) 227-1931 or (800) 404-5400.

Since 1982, we have helped San Joaquin County and California families obtain justice and fair compensation for their loss.

Learn more about us. See our past verdicts and settlements.

^{Editor’s Note: updated for accuracy and relevancy [cha 5.25.23]
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