San Jose Wrongful Death Attorneys
If you lost a loved one in an auto accident, due to a defective product, medical malpractice or a dog bite, an attorney at our law firm may be able to assist you in taking legal action against the responsible party in civil court. At Pacific Attorney Group, we represent individuals and families throughout the San Jose area who have lost a loved one as a result of the negligent conduct of another person. Auto accidents are the most common type of claim that arise in this regard, but we also handle any case that involves another person’s or entity’s action or inaction, resulting in a failure to act with reasonable caution or care. We can even handle wrongful death claims involving intentional misconduct, such as an assault or attack.
About Wrongful Death Claims
Although the responsible party may face criminal action for what they have done, a civil lawsuit may be filed as well. These two cases are entirely separate of one another, and this means that even if a defendant is found not guilty in criminal court that the family may take action in civil court to seek justice.
A wrongful death lawsuit may be brought about following the death of a person that was caused due to negligence or another wrongful action on the part of another person. The surviving family members may be able to take legal action in civil court to hold the responsible party accountable and seek financial damages for their loss. Although nothing can compensate a family for the loss of a loved one, this money may help with funeral costs, medical bills and in protecting the family’s financial future in the absence of their loved one.
To learn more about your rights in filing a wrongful death suit, contact a San Jose attorney at our law offices today. We will be happy to see how we can assist you, and your initial consultation is free and confidential.
Wrongful Death Accident Lawyer
Legal Actions in a Wrongful Death Case
When the willful or negligent act of an individual results in the death of another, as can occur in a motorcycle accident, this act is called a “wrongful death.” Motorcycle accidents can often cause severe injury or a fatality. The relatively small size of motorcycles can create a situation where the rider is not properly observed by other motorists. When an accident does occur, the rider can impact both the other vehicle and the ground, which compounds the chances of a fatality. If someone you know has been killed due to another’s negligence in a motorcycle collision, the family of the deceased may file a wrongful death suit against those responsible.
At the Pacific Attorney Group, we feel it is vital that you know that there are time limits set on how long an individual has to file a wrongful death action. A knowledgeable San Jose motorcycle accident lawyer may be able to assist you to recover damages due to a wrongful death. Either through settlement or through a law suit, our goal is always to obtain the best possible outcome in your case. If a lawsuit is filed this is a civil action and is wholly separate from any criminal actions taken by the state. If the individual responsible for the wrongful death is found not guilty in the criminal action, this does not mean that we cannot successfully file a wrongful death lawsuit.
What damages are awarded for wrongful deaths?
In a wrongful death action there are many factors that will need to be investigated and planned. Who is entitled to sue must be worked out. Additionally, there are usually four key elements that need to be established in a wrongful death case as follows:
- Wholly or in part, that the wrongful death was actually caused by the actions of the defendant.
- That the person responsible was negligent or strictly liable for the wrongful death.
- That there are living heirs or benefactors of the victim.
- That there are monetary damages due to the victim’s death.
Your case will need to be thoroughly investigated and evidence gathered so that we can be successful. Witness statements and law enforcement reports will need to be analyzed and sometimes questioned, in order to get to the truth.
The damages that are awarded can be of several types. The first kind allows you to recover medical and funeral expenses. It also provides that you can recover the lost earnings of the deceased and in certain cases, money to make up for your loss and suffering. The second type is known as “punitive damages” and seeks to punish the person responsible for the wrongful death. If a wrongful death has occurred in your family, we would like to be of assistance in this troubled time.
Contact a Wrongful Death Attorney in San Jose personal injury attorney when a wrongful death has occurred due to a motorcycle accident and experienced legal help is required.
San Jose Wrongful Death Cases
A wrongful death is a legal claim filed when the victim died due to someone’s negligence, carelessness or other wrongful action. The claim is filed by a surviving family member (spouse, domestic partner, child, beneficiary or dependent) seeking financial compensation for the death. Monetary damages can be awarded to cover medical and other expenses related to the fatality, as well as lost support, service, companionship and emotional distress.
If a loved one has died from the actions of another, contact an experienced San Jose serious injury attorney to find out your legal options for compensation.
The Pacific Attorney Group is knowledgeable in wrongful death claims. We can help you recover the damages you deserve from the loss of a family member. Contact us immediately if there has been a wrongful death in your family to find out your legal rights and how to pursue a claim.
San Jose Wrongful Death Attorney
A wrongful death can be caused intentionally or unintentionally. Wrongful deaths can result from an assault, murder, car accident, drunk driver, industrial accident, defective product, dangerous property conditions, medical malpractice, hunting accident, motorcycle accident or fire.
In California, the Statue of Limitations for filing a wrongful death lawsuit is 2 years from the time of the accident causing the death. Wrongful death claims are filed when:
- The victim’s death was caused by another person or entity
- The death was due to negligence, recklessness or carelessness
- There are surviving family members
- The death has caused the financial and/or emotional suffering of family members
If a wrongful death has occurred in your family, you need representation from a San Jose wrongful death lawyer to fight for your rights. We are knowledgeable in all aspects of wrongful death law. Our experienced and compassionate attorneys will thoroughly investigate your case and aggressively seek monetary compensation for your losses.
Facts and Statistics Relating to Car Accident Fatalities
According to the most recent information from NHTSA (National Highway Traffic Safety Administration), there were over 10 million vehicles involved in car accidents during the course of one year in the United States. There were more than 2 million injuries sustained and over 37,000 fatalities, during that same time period. Unfortunately, California had the second highest rate of fatalities in the US.
One of the most deadly types of crashes is rollovers, which account for more than a third of all traffic fatalities on our roads. SUVs are the leading passenger vehicle related to rollovers, however, pickup trucks and vans closely follow. People who drink and drive have a greater risk of being involved in a fatal crash. Per NHTSA, 23% of drivers involved in a fatality had a BAC (Blood Alcohol Concentration) of .08% or higher. Speeding and distracted driving (texting, using a cell phone, etc.) are also leading causes of fatal car accidents.
Wrongful Death Compensation
Wrongful death is defined as the taking of a life of an individual through a negligent or willful act caused by another person. If your family has suffered a loss due to wrongful death, we at the Pacific Attorney Group offer you our sincere sympathies. The surviving family members of a person killed by wrongful death may be awarded compensation for damages. It is important to act quickly as wrongful death claims have a short statute of limitations.
An experienced San Jose car accident attorney should be able to help you if you feel that your family member was killed in a car accident resulting from negligence or a wrongful act of another. Wrongful death lawsuits are structured to ensure that proper compensation is made to the surviving spouse, children, beneficiaries or dependents of the victim. While recovering financial damages from the loss of your loved one will not lessen the grief you are currently experiencing, it will help to ensure your family’s future. With over 40 years of combined experience in helping clients, you can rest assured our caring and compassionate legal team will help you through this difficult time.
Contact a San Jose Wrongful Death Lawyer if a loved one has been killed in a car accident through the negligence or willful act of another.