STOCKTON WRONGFUL DEATH LAWYER

The unexpected death of a loved one is not only emotionally devastating, but it can also be financially devastating as well. California law, therefore, allows families of the victim to bring a claim against the negligent wrongdoer in order to hold them accountable and make sure that the person (or company) that caused the injury is responsible for the damages. Wrongful death lawsuits can also help families recover some of the costs associated with a loved one’s passing, including burial and funeral expenses.

At Schwinghamer Law, we understand that coping with the unexpected death of a loved one is one of the hardest things that a person can face. This is particularly true when the death was senseless and caused by someone else’s negligence. At Schwinghamer Law, we seek justice for our clients by holding the wrongdoers accountable and securing financial compensation for the families.

If you believe that a loved one was harmed or killed by someone else’s negligence, we encourage you to call us for a free consultation

WHAT IS A WRONGFUL DEATH CASE

California law allows the family members of a wrongful death victim to recover their losses. A “wrongful death” occurs when a person dies as a result of someone else’s negligence. Negligence is simply failing to act reasonably.

The following are examples of wrongful death cases:

• A distracted driver causes a fatal collision
• Police negligently shoot an unarmed man
• Defective equipment causes an on-the-job death
• A doctor botches a surgery, resulting in death

WHO CAN FILE A WRONGFUL DEATH CASE IN CALIFORNIA

California law allows the family members of a wrongful death victim to file a lawsuit. In some cases, the estate of the deceased also has its own unique claim. In most situations, the family members can act on behalf of the estate. If the wrongful death victim had children, they are usually the first heirs that may file a claim. In some circumstances, however, parents, brothers, sisters, grandparents, and other family members may be entitled to file a claim.

California’s wrongful death laws are complicated. If you believe that a family member died due to the negligence of another person or a company, we encourage you to schedule a free consultation with one of our Stockton wrongful death lawyers to learn about your legal rights.

WHAT IS THE DIFFERENCE BETWEEN A CIVIL AND A CRIMINAL CASE IN A WRONGFUL DEATH CLAIM

Our legal system has two different branches that may be involved when a wrongful death occurs. The criminal justice system exists to punish wrongdoers by incarcerating them in a jail or prison. Criminal cases are handled by District Attorneys working on behalf of the State. Words like “murder” or “manslaughter” are criminal concepts.

Civil cases, on the other hand, are not brought by the State, they are filed by individuals – usually the family members of the deceased. The purpose of a civil personal injury case involving a wrongful death is to hold the wrongdoer financially responsible for the death. The family members of the deceased (and sometimes the estate of the deceased) are the ones making the claim.

WHAT TYPE OF COMPENSATION IS AVAILABLE TO FAMILIES OF WRONGFUL DEATH VICTIMS

There are two types of wrongful death claims in California. The first is called a “survival action.” This is a claim on behalf of a deceased person’s estate. This type of claim often comes up if, for example, the deceased is severely injured and incurs substantial medical bills before death. The survival action can take care of these medical bills and other damages.

The other type of claim is called a “wrongful death” claim. A wrongful death claim is a claim made by the family of the deceased for their own losses. These losses fall into two different categories. The first category is called “economic” or “special” damages – these are losses for which you have an exact cost. Wrongful death special damages include:

• Financial support. If your loved one (such as a spouse or parent) provided financial support, you may recover the full value of this in a wrongful death claim. In order to calculate the full amount, you look at the life expectancy of the wrongful death victims, so this amount can often be very large, sometimes millions of dollars.
• The loss of “gifts or benefit.” This includes everything other than direct financial support.
• Funeral and burial expenses.
• Household Services. Wrongful death claims include the value of household services such as cooking, cleaning, and taking care of the home.

The other type of damages are things that you cannot put a price tag on. These are called “noneconomic” or “general” damages. In a wrongful death claim these can include the loss of the wrongful death victim’s:

• Love
• Companionship
• Comfort
• Care
• Assistance
• Protection
• Affection
• Society
• Moral support
• Training
• Guidance

WHY HAVING AN EXPERIENCED WRONGFUL DEATH ATTORNEY MAKES A DIFFERENCE

Insurance companies know the tremendous financial burden that an unexpected death can create, and they fight tooth and nail to minimize or deny these claims.

At Schwinghamer Law, we have a history of success representing the families of wrongful death victims. Our in-depth knowledge of the area of law, as well as our years of experience working on these cases allows us to help our clients get justice.

CONTACT AN EXPERIENCED STOCKTON WRONGFUL DEATH ATTORNEY

Like all personal injury claims, California’s wrongful death statute is governed by the Statute of Limitations. This means that if wrongful death claims are not filed on time, they can be lost forever. If you believe that a loved one was injured or killed due to someone else’s negligence, an experienced attorney at Schwinghamer Law would be happy to provide you with a free consultation to explain your rights.