Santa Clara Wrongful Death Lawyers CA

What is a Wrongful Death Claim?

In California, a wrongful death claim is filed when an individual dies as a result of another person or entity’s negligent actions or wrongful acts. The surviving family members of the accident victim can take legal action against the liable party by filing a claim. If negotiations are unsuccessful, a wrongful death lawsuit may be filed.

The at-fault party is only liable for financial damages, which they must pay to the deceased’s beneficiaries if the claim is successful. These compensation awards can cover medical expenses, funeral expenses, loss of income, loss of consortium, and emotional distress.

To validate that a death was wrongful, it must be proved that negligence played a role. Having a qualified wrongful death attorney on your side can increase the chances of success in such a case. An experienced Santa Clara wrongful death lawyer can help you gather evidence to show that the death could have been prevented.

Who Can File a Wrongful Death Claim?

The California Civil Procedure Code 377.60 states that the following individuals are eligible to file a wrongful death claim:

• the deceased’s surviving spouse
• the deceased’s domestic partner
• the deceased’s surviving children

If there is no one in the line of succession, someone who would be entitled to the deceased’s property under interstate inheritance law can file a wrongful death lawsuit. This may include the parents or siblings of the deceased, depending on who was still alive when the person died. People who were financially dependent on the deceased can also bring a wrongful death lawsuit in Los Angeles, such as:

• the deceased’s “putative spouse” and children of the putative spouse
• the deceased’s stepchildren, and
• the deceased’s parents

Common Accidents that Result in Wrongful Death

A wrongful death arises when someone dies as the result of another person’s negligence or misconduct. This can include cases of neglect, deliberate misconduct, defective products, and unsafe premises. Some common types of accidents that lead to wrongful death claims in Santa Clara are:

• Pedestrian Accidents: Pedestrians are often victims of fatal injuries due to their lack of protection. Common causes of such accidents include reckless driving, speeding, and lack of pedestrian walkways.
• Motor Vehicle Accidents: Motor vehicle accidents that are caused by distracted, drunk, or intoxicated drivers, or by road rage, are among the leading causes of death and can result in a wrongful death claim.
• Premises Liability: Property owners and managers have a duty of care to ensure that the premises are safe and well-maintained, so as to not expose visitors to physical danger. Unfortunately, many negligent property owners simply disregard their legal obligation, which can result in severe injury or even death.
• Truck Accidents: Commercial truck accidents often result in death and complicated court cases. These crashes are more dangerous than other types of accidents and require special legal attention.
• Medical Malpractice: If a doctor, hospital, or other medical care provider fails to provide the standard of care and this results in a patient’s death, the family may file a wrongful death claim.
• Product Liability: Faulty and defective consumer products can cause injuries or death. This is especially true for products like car parts, medical equipment, and toys for children.
• Nursing Home Abuse & Neglect: Many nursing homes in Los Angeles often fail to provide the duty of care that the elderly deserve. Due to their frail state, even a minor injury could become fatal.

What Does a Wrongful Death Victim Need to File a Claim?

As previously mentioned, in order to file a wrongful death claim, your personal injury lawyer will need to prove that your loved one’s death was due to negligence. Negligence is when someone fails to act reasonably in a given situation. To prove that a wrongful death has occurred, an experienced attorney will have to show:

• The duty of care an individual or institution had to the deceased;
• How the individual or institution breached that duty of care, by act or omission;
• The proximate or direct link between the breach of duty of care of the individual/institution and the death of your loved one;
• And the damages resulted from the wrongful death of the victim.

Our compassionate attorneys have years of legal experience handling wrongful death claims. We will ensure that your best interests are protected from insurance companies. We will also take the best course of action to recover fair compensation for your claim.

What Kind of Compensation Can You Claim in a Wrongful Death Claim?

As Santa Clara wrongful death lawyers, we understand that the value of a person’s life cannot be calculated in terms of money. We also know that no amount of money can ever truly compensate someone for the pain of losing a loved one. However, our personal injury law firm may be able to help recover some financial compensation for the family members of wrongful death victims.

The exact amount of damages that may be recovered will depend on the facts of the case. Compensatory damages in a wrongful death claim may include compensation for the loss of the decedent’s life, as well as for any financial losses suffered by the estate or by the surviving family members, such as:

• Medical Bills
• Property damage
• Loss of companionship
• Loss of inheritance arising from untimely death
• Loss of income
• Loss of anticipated future income of the deceased
• Loss of benefits resulting from the death of the victim e.g. pension, medical costs, etc.
• Pain and suffering
• Burial Expenses
• Funeral costs
• Other noneconomic damages
• And more

Hire Expert Santa Clara Wrongful Death Lawyers

When you lose a loved one due to someone else’s negligence, it can be difficult to know what to do next. You may be feeling overwhelmed with grief and not be thinking clearly. This is where a wrongful death lawyer can help. They can guide you through the process of filing a claim for damages and help you get the closure you need.

Wrongful death claims are complicated, and dealing with insurance companies during this difficult time can be difficult. Insurance adjusters may take advantage of your vulnerability and use this to their advantage. They may try to trick you into lowering the amount of your claim in order to avoid offering you a fair settlement.

Contact Farahi Law Firm Today

The Santa Clara wrongful death lawyers at Farahi Law Firm, APC, understand the sensitivity of cases involving the loss of a loved one. We are committed to getting you the justice, legal counsel, and adequate compensation you deserve. While you and your family focus on coping with your grief and start to heal, we will handle the legal end of things for you.

If you have lost a family member due to someone else’s negligence, you may be able to file a claim for wrongful death. Hiring a personal injury attorney is in your best interest. At Farahi Law Firm, we are dedicated to winning.

We work on a contingency fee basis, and we offer our clients a No Fee Guarantee policy. This means you won’t need to pay us a single cent unless we win your case. Contact us at (408) 715-3296 for a free case consultation.