Wrongful Death Lawyer in Sunnyvale

Losing a loved one can be devastating, and it can be even worse when your loved one died because of the negligent or intentional actions of another person. In California, the law recognizes that the family members of people who are wrongfully killed often suffer substantial losses because of their loved ones’ deaths.

As a result, certain family members are allowed to file wrongful death civil lawsuits against the people who are responsible to hold them accountable for their actions. A compassionate wrongful death lawyer Sunnyvale at the San Jose Personal Injury Attorneys might advocate for you to recover the compensation to which you should be entitled after the loss of your loved one.

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What is wrongful death?

Wrongful death is a legal claim that seeks to hold individuals or entities accountable for causing someone's death through negligence, recklessness, or intentional actions. It provides a way for surviving family members or the personal representative of the deceased person's estate to seek compensation for their losses.

These losses can be both economic and non-economic. Economic losses might include medical expenses incurred before death, funeral costs, and the loss of financial support the deceased would have provided. Non-economic losses can include the pain and suffering experienced by the deceased before death, as well as the emotional distress and loss of companionship suffered by the surviving family members.

In essence, a wrongful death claim aims to provide a measure of justice and financial relief to those left behind after a tragic loss caused by another's wrongful conduct.

Who Can Sue For Wrongful Death

Under California’s wrongful death statute, only people with specific types of relationships with the decedents are allowed to sue for wrongful death. The following people may file a wrongful death claim in order of priority:

  • The surviving spouse or domestic partner
  • The surviving children
  • If no survivors remain in the decedent’s line of descent, then the parents or siblings

People who were financially dependent on the deceased person may also file wrongful death lawsuits, including a putative spouse, the children of a putative spouse, stepchildren, and the decedent’s parents.

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Timing Your Wrongful Death Claim

It's important to understand that pursuing a wrongful death lawsuit is a separate legal process from any criminal charges that may be filed against the responsible party. While it may seem intuitive to wait for a criminal conviction, doing so can actually be detrimental to your civil claim.

Why Timing Matters:

  • Different Legal Standards: Criminal cases require proof "beyond a reasonable doubt," a high standard that can be difficult to achieve. Civil cases, on the other hand, have a lower burden of proof – "preponderance of the evidence," meaning it is more likely than not that the defendant's actions caused the death. This means you could potentially win your civil case even if the responsible party is not found guilty in criminal court.
  • Statute of Limitations: In California, the statute of limitations for filing a wrongful death claim is generally two years from the date of death. If you wait too long, you may lose your right to seek compensation altogether.
  • Evidence Preservation: Over time, evidence can be lost or destroyed. Filing your claim promptly can help ensure that crucial evidence is preserved and available for your case.
  • Timely Compensation: A wrongful death lawsuit can help you recover compensation for funeral expenses, medical bills, lost wages, and other financial losses. Filing your claim sooner rather than later can help you get the financial support you need more quickly.

Don't Wait to Seek Justice

While the grief and trauma of losing a loved one can be overwhelming, it's important to remember that you have legal options available. If someone else's negligence or intentional actions caused your loved one's death, you may be entitled to compensation. Don't let the misconception about waiting for a criminal case deter you from seeking justice and financial recovery for your family.

Consulting with an experienced wrongful death attorney can help you understand your rights, navigate the legal process, and build a strong case on your behalf. Time is of the essence, so don't delay in seeking legal counsel to ensure your rights are protected.

Seek Experienced Legal Support

Losing a loved one due to someone else's actions is devastating. A wrongful death lawsuit can help you seek accountability and recover compensation for financial losses and emotional pain.

Contact the San Jose Personal Injury Attorneys at 408.217.1778 for a free consultation. We can guide you through the legal process and fight for the compensation you deserve, which may include damages for pain and suffering, medical expenses, lost income, and more.










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