The unexpected death of a loved one can be traumatic for those they leave behind. When the death was a result of someone else’s actions or negligence, it can be even more difficult to endure. If your family member died under circumstances like these, you may still be reeling from shock and struggling to make sense of it all.
Your loved one may have died suddenly or spent time in the hospital with doctors fighting to save their life. In the end, your relative may have succumbed to their injuries. You and other members of your family may now be trying to put the pieces back together.
If your deceased family member had children, the death may be hitting them the hardest. Young children often cannot fully comprehend a loss of this magnitude. They may not realize that their parent will be absent during key moments in their lives from now on.
In addition to the emotional pain and trauma, you may be dealing with tremendous financial suffering. Many families in cases like these are confronted with medical bills totaling tens of thousands of dollars, or possibly even more. Without your loved one’s income, you may be struggling to cover essentials, such as housing and food. If your loved one did not have life insurance, you may not be able to hold on financially much longer.
A San Jose wrongful death lawyer can help you navigate these challenging times and fight for justice. If another party was liable for your loved one’s untimely passing, you may be able to file a wrongful death lawsuit to seek financial compensation. While this can never bring back your loved one, it can ease your financial burden and give your family some peace of mind. Call Ben Crump Law, PLLC today at (800) 593-3443 to learn how we can help.
Filing a Wrongful Death Lawsuit
A wrongful death lawsuit is a civil action that seeks financial compensation. In some circumstances, a wrongful death lawsuit may be initiated in addition to a criminal case.
In general, surviving relatives may file a wrongful death lawsuit in circumstances in which the deceased person would have been able to file a personal injury lawsuit, had they lived. For instance, if a person was killed in a car accident or later died from their injuries and the other driver was liable because they were speeding, texting, or driving while intoxicated, family members may be able to file a wrongful death lawsuit against the driver. If a doctor made a mistake during surgery, a nurse administered the wrong medication, or a healthcare provider made another type of error that led to death, relatives of the victim may be able to seek compensation through a wrongful death lawsuit.
The above examples involve negligence, but relatives of a victim may also be able to file a wrongful death lawsuit in cases involving intentional acts. For instance, if someone attacked a person and they died as a result of those injuries, the victim’s family members may be able to file a wrongful death lawsuit.
For a free legal consultation with a wrongful death lawyer serving San Jose, call (800) 593-3443
California Law Regarding Wrongful Death Lawsuits
Under California Code of Civil Procedure (CCP) Section 377.60, a deceased person’s surviving spouse, domestic partner, children, or children of a deceased child may file a wrongful death lawsuit. In some cases, other people may be able to file a lawsuit if they were dependent on the deceased person’s income.
Plaintiffs may seek compensation for loss of financial support, gifts, and benefits the deceased person would have provided. They may also seek funeral and burial expenses, the value of household services the deceased person would have provided, and noneconomic damages for the loss of their relationship with the deceased person. Survivors may also be able to recover compensation for medical expenses and for the victim’s pain and suffering. Call Ben Crump Law, PLLC today to learn more.
San Jose Wrongful Death Lawyer Near Me (800) 593-3443
How a San Jose Wrongful Death Lawyer Can Help
A San Jose wrongful death lawyer can investigate the circumstances that led to your loved one’s death by reviewing medical records, police reports, and other relevant documents and interviewing witnesses.
To prove that another party’s negligence led to your loved one’s death, you will have to show that:
- The defendant owed your relative a duty of care
- The defendant breached that duty
- The breach led to your family member’s death
- You suffered damages as a result
If you believe that your loved one died due to someone else’s intentional actions, your lawyer can present a case based on information gathered by the police as well as any information your legal team turns up themselves.
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If your loved one died because of someone else’s actions or negligence, a San Jose wrongful death lawyer can help your family seek justice by filing a wrongful death lawsuit and seeking financial compensation. While that cannot bring your loved one back or make your family whole again, it can help ease the financial burden. Knowing that you would no longer have to worry about medical bills and living expenses could give you some peace of mind and help you move forward.
You do not have a lot of time to seek justice. According to CCP Section 335.1, the statute of limitations to file a wrongful death lawsuit in California is two years. The sooner you contact Ben Crump Law, PLLC, the sooner our team can begin gathering evidence and building your case. Call us today at (800) 593-3443 to get started.
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