Modesto Wrongful Death Lawyer

Modesto Wrongful Death Attorney

If one party causes harm to another party in California, the victim has the right to pursue a civil claim for their damages. This typically takes the form of a personal injury claim, and the plaintiff has the right to seek full repayment of all economic losses they suffered as well as compensation for the pain and suffering they experienced. Personal injuries in Modesto can happen in many ways, from vehicle accidents and dog attacks to slip and fall injuries and workplace accidents.

Unfortunately, victims of personal injuries in Modesto, California do not always survive these experiences. When one party causes a fatal injury, the victim’s family has the right to file a wrongful death claim in place of the personal injury claim that could have been filed if the victim survived. If your family is mourning the loss of a loved one who died because of another party’s negligence or misconduct, the Law Offices of David Davidi, APLC, can help you ensure accountability for this wrongful death.

Compassionate Legal Counsel for Wrongful Death Claims in Modesto, CA

Any wrongful death claim will take a significant emotional toll on the victim’s family, and it is natural for anyone facing this type of case to have lots of pressing legal questions about their rights and what they should expect from their legal counsel. When you hire the Law Offices of David Davidi, APLC, to represent your claim, you can have a dedicated legal advocate ready to answer questions, address concerns, and offer guidance and support as you seek compensation for your family’s loss. The case award you obtain cannot replace a loved one, but it can help your family adjust to new circumstances a bit easier.

Proving Liability in a Modesto Wrongful Death Claim

California law requires the party filing the wrongful death claim to provide evidence and witness testimony that identifies the defendant and proves they caused the death in question. The evidence you will require to firmly assert liability for your loved one’s death will depend on how the death occurred. Some of the most commonly reported causes of wrongful deaths in California each year include:

• Motor Vehicle Accidents: These are the leading cause of accidental injuries and deaths throughout the United States each year. Distracted driving, moving violations, speeding, and other forms of negligence behind the wheel all have the potential to result in devastating collisions, some of which will cause fatal injuries. If your loved one died in a vehicle accident someone else caused, our team can assist you in filing an auto insurance claim against them for some initial compensation before building a more comprehensive wrongful death claim.
• Slip and Fall Accidents: A “slip and fall” might sound like a minor incident, but the reality is that these incidents are the top-reported cause of fatal workplace injuries each year and can occur in virtually any building. If you lost a loved one in a fatal slip-and-fall accident on someone else’s property, your wrongful death claim would fall within the purview of premises liability law.
• Workplace Injuries: Some people work in inherently dangerous fields like construction, and there are countless ways for fatal accidents to occur in their workplaces. California law requires almost every employer in the state to have workers’ compensation insurance, and the family of the deceased may qualify for death benefits through the employer’s policy. However, if a specific party directly caused your loved one’s death at work, a Modesto wrongful death attorney can help you determine the full scope of legal recourse you could pursue against them to hold them appropriately accountable.
• Interpersonal Violence: Unfortunately, California has one of the highest statewide rates of violent crime in the U.S. In the event your loved one was killed by any intentional act of violence, such as an assault or armed robbery, the defendant is very likely to face felony prosecution, but you will still have grounds to proceed with a wrongful death claim.

Whenever another party’s negligence has caused the death of a family member, you must be ready to prove that the defendant was negligent in some manner that directly resulted in the death. Alternatively, you may need to prove that the defendant intentionally broke a California law in a way that resulted in your loved one’s death. For example, if your family member was killed by a drunk driver, the at-fault driver not only faces your wrongful death claim but also criminal prosecution for driving under the influence (DUI). Anyone who commits a crime and causes a fatal injury in California is likely to face significantly increased penalties.

Claiming Compensation for a Wrongful Death in Modesto

Once you have identified the party who caused the death of your family member, your Modesto wrongful death attorney can help you identify all the damages you can seek with your claim. While the purpose of a personal injury claim is to make the victim as “whole” as possible again by repaying the losses the defendant inflicted, a wrongful death claim aims to provide needed compensation for the family to account for the financial impact the death has caused. The family may also claim compensation for their noneconomic damages.

An experienced Modesto wrongful death attorney is the ideal asset to have on your side for this type of case. They can help you maximize the compensation your family receives, helping to offset the financial burden of the loss of a family member, especially if they were a breadwinner for your family. California’s wrongful death statutes enable a plaintiff to recover compensation for:

• Funeral Costs: You can recover funeral and burial costs for the deceased.
• Medical Care: A family can seek repayment of the deceased’s final medical treatment if they did not die immediately from the defendant’s actions. Any losses incurred by the estate of the deceased may be recovered through a survival action.
• Lost Financial Support: A wrongful death claim can help replace the income the deceased provided to their family. Your Modesto wrongful death attorney can help you calculate the income they could have continued to provide in the future if they had survived and include this amount in your claim.
• Pain and Suffering of the Family: The deceased’s surviving spouse can recover compensation for lost affection and consortium, and the children and other relatives of the deceased can also receive pain and suffering compensation to reflect the emotional impact of the loss of their family member.
• Pain and Suffering of the Victim: A recently passed bill in California now allows the plaintiff in a wrongful death claim to seek compensation for the pain and suffering the victim experienced from their final injury or illness.
• Property Damages: You can seek compensation for property damages caused by the defendant’s actions, such as vehicle repair costs after a fatal accident.

Once your attorney has helped you calculate the full scope of the damages you can include in your claim, you might be surprised to discover that your case is worth more than you expected. However, other variables could also influence the final outcome.

If the defendant caused your loved one’s death through any form of illegal misconduct, they may face restitution or punitive damages along with the other civil damages they must repay your family. Alternatively, if the victim shares liability for the fatal incident in question, this might diminish the family’s recovery under the pure comparative negligence law of California.

What to Expect From Your Modesto Wrongful Death Attorney

Hiring the right legal counsel to represent you and your family in a wrongful death claim can make a tremendous difference, not only in the quality of your experience with your legal proceedings but also in their final outcome. When you choose the Law Offices of David Davidi, APLC, as your legal representatives, our goal is to guide you and your family to the optimal outcome in the most efficient manner possible.

Most wrongful death claims arising from acts of negligence are resolved through private settlement negotiations. The settlement process allows the plaintiffs and the defendant to reach a mutual agreement to end the case without the need for a lengthy court trial. However, a settlement requires the defendant to accept liability and both parties to be willing to compromise. If settlement does not work for any reason, the case will need to be resolved through litigation.

In the event your loved one’s death resulted from any illegal misconduct, the defendant could face a criminal case. Your Modesto wrongful death attorney can advise you as to how this may impact your civil case proceedings. Ultimately, every family will face different challenges as they seek accountability for loved ones lost due to the negligence and misconduct of others. You have a limited time in which to file a wrongful death claim in California, and the sooner you reach out to a Modesto wrongful death attorney you can trust, the more likely you are to succeed with your case.

FAQs About Modesto, CA Wrongful Death Law

Who Is Allowed to File a Wrongful Death Claim in California?

California uses the law of intestate succession to determine eligibility to file a wrongful death claim and who will receive the compensation from a successful claim. Typically, the personal representative of the deceased’s estate will handle the wrongful death claim. If the deceased did not have an estate, their surviving spouse would be the first person with the right to file a wrongful death claim, followed by their children or parents. Other blood relatives and beneficiaries would follow. If you are unsure of your right to file a wrongful death claim in Modesto, consult an attorney.

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

Attempting to navigate any civil claim successfully without legal counsel is incredibly difficult for the average person, and this is especially true for an emotionally stressful case like a wrongful death action. Hiring legal counsel you trust can significantly increase your chance of success with the claim. Additionally, you are more likely to maximize your recovery as fully as state law allows.

Will the Defendant Go to Jail for Causing a Wrongful Death?

It is possible for the defendant who caused your family member’s death to face jail time and other criminal penalties, depending on how they caused the death in question. For example, if your loved one was killed by a drunk driver, the defendant violated California’s laws against DUI, and they will face much harsher penalties than they would for a standard conviction for this offense. Your Modesto wrongful death attorney can advise you as to how the nature of the defendant’s actions may influence your case award.

How Long Will It Take to Resolve My Wrongful Death Claim in Modesto?

If the defendant acknowledges their liability for the death in question, and you have the right Modesto wrongful death attorney handling your case, it is possible to settle the matter relatively quickly. However, there is no way to predict the actual timeline your case will follow, and there is always a chance for unexpected challenges to arise and complicate your path to recovery. For an estimate of how long it may take you to complete your wrongful death claim, it is vital to consult a Modesto wrongful death attorney as soon as possible.

What Will It Cost to Hire a Modesto Wrongful Death Attorney?

The Law Offices of David Davidi, APLC, do not add to your pressing concerns in the aftermath of a wrongful death by charging expensive legal fees upfront. Instead, we take these cases on a contingency fee basis, only collecting a fee from our client after we win their case. The fee we take is a percentage of the total amount recovered on their behalf, and you will keep the rest. If we cannot win your case for any reason, you owe our firm nothing in legal fees.

Contact the Law Offices of David Davidi, APLC

In the event of a motor vehicle accident, such as a car accident, truck accident, or motorcycle accident, our legal team is prepared to offer guidance through the legal procedures. Moreover, we specialize in cases related to rideshare accidents, pedestrian accidents, slip and falls, bicycle accidents, dog bites, and wrongful death.

The Law Offices of David Davidi, APLC, have years of successful civil claims behind us, and we know the emotional and legal challenges you are likely to face in a wrongful death claim. The sooner you contact our firm, the sooner we can begin guiding you toward the recovery you deserve. Contact us today and schedule your consultation with a Modesto wrongful death lawyer you can trust to provide you and your family with the support and guidance you need for this difficult case.