Fresno Wrongful Death Lawyer

Fresno Wrongful Death Attorney

The unexpected death of a loved one is tragic, but knowing that their death was the result of another party’s negligence or intentional misconduct can easily add frustration and anger to your already strong mix of emotions in the aftermath of their death. The surviving family faces funeral and burial arrangements, estate administration, and various other practical challenges while they cope with their loss, and thinking of filing a wrongful death suit at this time can seem like an unfair and excessively difficult challenge.

Compassionate Legal Counsel for Wrongful Death Suits in Fresno, CA

When you and your family are struggling with the loss of a loved one and believe a specific party caused the death, it is crucial for you to know the value of having legal counsel you can trust on your side. The right attorney can help identify the party or parties responsible for causing your damages and help maximize the compensation you obtain from your recovery efforts. Money may not bring back your family member, but a successful wrongful death suit against the party who caused their death can provide some closure to your family, hold the defendant accountable for their actions, and secure compensation that helps your family adjust to their new circumstances with some peace of mind.

The attorneys at the Law Offices of David Davidi, APLC, provide compassionate and responsive personal injury representation in Fresno. Our firm has successfully represented many types of civil claims for our clients, including wrongful death suits. We know the emotional challenges these cases present and that any family mourning a loved one will have lots of legal questions in the aftermath of the unexpected death. If you believe another party is liable for the death of a family member, we will do everything we can to help you hold them accountable.

Common Causes of Wrongful Deaths in Fresno

Many of the incidents that often result in personal injuries also cause wrongful deaths. A wrongful death suit functionally replaces a personal injury claim that a victim could have filed if they survived their injury. A few of the most commonly reported causes of fatal personal injuries that lead to wrongful death claims in Fresno include:

• Motor vehicle accidents. Car, truck, and motorcycle accidents are a leading cause of accidental injuries and deaths in the United States each year. Distracted driving, speeding, and moving violations are just a few of the most commonly reported causes of fatal crashes. If a driver’s negligence or misconduct behind the wheel caused the death of your family member, an auto insurance claim is likely to only yield a fraction of the total compensation you and your family are owed. We can help prove fault for the fatal accident and prove the extent of the damages you can claim from the at-fault driver.
• Premises liability. All private property owners have a duty of care to ensure their properties are safe for lawful visitors and guests. If a property owner notices any safety issue on their property, they are legally required to fix the problem, post a visible warning sign, or provide a verbal warning to lawful visitors if they might encounter the hazard on the property. A slip and fall or fatal injury on private property could lead to the property owner’s liability for wrongful death if they failed to meet this duty of care.
• Illegal misconduct. While most of the wrongful deaths reported in Fresno are the results of negligence, some are caused by intentional violations of state law. Driving under the influence (DUI) of alcohol or drugs, reckless driving, and interpersonal violence are just a few examples of illegal acts that might result in fatal injuries. If your loved one died from any illegal misconduct, the defendant faces severe criminal penalties along with civil liability for wrongful death.

Proving liability for a wrongful death requires evidence that the defendant directly caused the death. The plaintiff must prove the defendant owed a duty of care they breached in some way, or they must prove the defendant knowingly broke a California law that resulted in the death of the victim. Once your Fresno wrongful death attorney has helped you prove fault, the next step of your case is identifying all the damages you and your family may claim under the state’s wrongful death statute.

Claimable Damages in a Fresno Wrongful Death Suit

You may be entitled to claim more compensation for the death of your family member than you initially expected. While a personal injury claim aims to secure compensation for the victim’s losses, a wrongful death suit seeks compensation for the losses suffered by the victim’s family. Your Fresno wrongful death attorney can help you and your family recover various types of compensation from the defendant who caused your loved one’s death, including:

• Damages incurred by the deceased’s estate. A survival action could enable your family to recover compensation for damages like medical expenses for the deceased’s final medical treatment and income lost during their final days if the incident did not cause immediate death.
• Funeral and burial expenses. You have the right to claim recompense for your loved one’s funeral and burial expenses, within reason. Your Fresno wrongful death attorney can help assess the total cost of funeral services for the victim and add these expenses to your claim.
• Lost financial support. If the deceased earned income for their family, the family has the right to seek compensation from the defendant for the income the deceased could have continued earning until retirement if they had survived.
• Lost value of household services that the deceased provided. The death in your family may mean that a surviving parent needs to pay for childcare and other household services that the deceased formerly provided.
• The family’s pain and suffering. The surviving spouse of the deceased can claim recompense for the loss of consortium, and the surviving children and other relatives can seek compensation for their loss of affection and the grief caused by the death.

If you choose the Law Offices of David Davidi, APLC, to represent your wrongful death suit in Fresno, we will do everything we can to help your family maximize the final compensation you win from the defendant. If the defendant caused the death through any illegal actions, your family could also receive punitive damages or restitution to account for this. Your Fresno wrongful death attorney can be invaluable for helping you calculate the extent of damages you can claim from the defendant and ensuring you receive appropriate compensation to reflect the nature of the defendant’s actions.

What to Expect From Your Fresno Wrongful Death Attorney

Ultimately, every wrongful death claim poses difficult emotional challenges to the surviving family along with complex legal questions. When you are facing a wrongful death claim in Fresno, having legal counsel you can trust on your side will help you approach the situation with greater confidence and peace of mind. Additionally, your legal team can handle the complex legal issues of your case so you and your loved ones can mourn in peace. As your case unfolds, your attorney can provide you with updates until you reach an appropriate result.

Most of the wrongful death claims and personal injury cases filed each year end in private settlements. This process enables both the defendant and the plaintiff to avoid the stress, expense, and time commitment required of litigation. However, settlement is only possible if the defendant caused the death through negligence and is willing to compromise. If they caused the death through any illegal misconduct, litigation would likely be necessary to resolve your civil suit, and you may need to participate in a criminal trial against the defendant as well.

The attorneys at the Law Offices of David Davidi, APLC, have years of professional experience with wrongful death cases in Fresno and surrounding communities. We know the various legal challenges you and your family are likely to encounter as you seek compensation for your loved one’s death, and we know how stressful it can be to confront the person responsible for causing a fatal injury to your family member. Whatever your case may entail, you can trust our firm to guide you through your proceedings as efficiently as possible and to seek maximum compensation for your damages. The sooner you contact our firm, the sooner we can get started building a cohesive wrongful death suit for you.

FAQs About Fresno, CA Wrongful Death Law

Who Can Sue for Wrongful Death?

State law restricts the right to file a wrongful death claim to a few parties close to the deceased victim. If the deceased had an estate plan in which they named a personal representative or executor, this individual is typically first in line to file a wrongful death suit on behalf of the deceased. Otherwise, the state follows the intestate succession law, with the surviving spouse first with the right to file a wrongful death claim, followed by the deceased’s surviving children. If they have no children, the right to file a wrongful death suit will fall to any other surviving relatives, followed by anyone who has a legal interest in the estate or who can prove they were financially dependent on the deceased.

Why Do I Need to Hire a Fresno Wrongful Death Attorney?

There is no law that requires you to hire an attorney to help you with your wrongful death claim. You have the right to attempt filing your case on your own. However, you are far more likely to succeed with the claim when you have a Fresno wrongful death lawyer on your side. Additionally, your attorney can provide compassionate legal guidance during a very challenging time for you and your family; you will also be more likely to maximize your compensation.

How Do You Prove Liability for a Wrongful Death in Fresno?

Proving fault for a wrongful death is similar to the way you prove fault for a personal injury. Success with your claim requires accurate identification of the party who caused the death. You must prove their actions directly resulted in the death, meaning you must prove that the death did not result from any other cause. Your Fresno wrongful death attorney can help gather the evidence you will need to prove liability for your loved one’s death and assist you in identifying all the damages you can include in the claim.

Will the Defendant Face Criminal Charges for Causing Wrongful Death?

Yes, it is possible for the defendant in your civil wrongful death suit to also face criminal charges from the state for causing the death. If the defendant caused the death through a complete accident, they would likely not face criminal charges for causing a death through typical negligence. However, if they broke the law in causing the death, caused the death intentionally, or if their actions exceeded the scope of standard negligence, these factors could lead to criminal charges for the defendant.

How Much Does It Cost to Hire a Fresno Wrongful Death Attorney?

The Law Offices of David Davidi, APLC, will not add to your economic troubles when you are already facing a host of issues related to your loved one’s death. We take personal injury and wrongful death suits with contingency fee agreements. This billing policy ensures a client only pays an attorney’s fee if and when we win compensation on their behalf. If our firm is unable to secure compensation for your damages for any reason, you do not pay anything. When we win your case, you only part with a percentage of your final case award as your fee.

Contact Us

An experienced Fresno wrongful death attorney is an invaluable asset when you and your family are reeling in the aftermath of the unexpected loss of a family member. It is natural to feel frustrated and distressed in this situation, and the right attorney can help ensure accountability for your loved one’s death and compensation for your family’s economic losses. If you are ready to learn what a Fresno wrongful death attorney can do for your case, contact the Law Offices of David Davidi, APLC, today to schedule your free consultation with our team.