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.
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.
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:
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.
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:
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.
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.
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.
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.
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.
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.
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.
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.