There is nothing more devastating than the loss of a loved one. When a family member passes away due to the avoidable neglect or recklessness of another person, the weight of the loss can feel even more unbearable. If you or someone you know suffered the unimaginable loss of a loved one as a direct result of another party’s actions, you may be able to recover compensation that can help your family grieve in peace. At BD&J, our Monterey wrongful death lawyers are eager to help clients obtain justice in the name of their deceased loved ones.
Have you lost your loved one after an accident? Schedule a free consultation with a compassionate wrongful death lawyer in Monterey to find out how you can bring justice! Complete the form here.
What Qualifies as Wrongful Death?
Wrongful death encompasses any preventable incident where a person’s life was lost due to the negligence of another party. There are various accidents that can result in wrongful death. Our Monterey wrongful death attorneys most commonly represent clients dealing with:
Medical Malpractice
Medical malpractice occurs when a professional health care provider’s actions or inactions result in the injuries of a patient. Common forms of medical malpractice include misdiagnosis, medication prescription errors, failure to address symptoms, surgical errors, and birth injuries. California is one of the leading states with the highest number of medical malpractice incidents. The National Practitioner Data Bank reports 1,067 medical malpractice payouts in 2024.
Car Accidents
With so many motorists on Monterey roads, including large trucks, motorcycles, personal cars, and so on, it’s no surprise that car accidents are a common cause of death. Car accidents caused by aggressive or negligent drivers, such as hit-and-runs, head-on collisions, multivehicle pileups, and t-bone collisions, are some of the most common incidents where vulnerable individuals end up seriously injured and losing their lives.
Premises Liability
Premises liability encompasses unsafe conditions on someone else’s property, leading to injuries for visitors. In these instances, the property owner is typically liable. This could include events like slip-and-fall accidents, animal attacks, being struck by falling objects, and elevator or escalator collapses.
Product Defects
Products that are manufactured incorrectly, have flaws in their design, or fail to work properly even when handled correctly as per the instructions, can lead to accidents where vulnerable individuals are injured. Some common examples of product defects include faulty brakes or airbags in a vehicle, dangerous children’s toys, or even harmful side effects of prescription medications that are not disclosed.
How is Monterey Wrongful Death Proven?
To prove a wrongful death in Monterey, you must be able to provide evidence that the individual’s death came about as a result of negligence or a careless act. This can be done through a collection of evidence, as well as working with a Monterey wrongful death attorney.
Was your loved one lost because of a preventable accident? Complete the form to find out whether you can bring a wrongful death lawsuit to demand accountability.
Who is Eligible for Compensation from a Wrongful Death Lawsuit?
In California, only certain people are eligible to file a wrongful death lawsuit after the death of a loved one. While the life of your loved one is priceless, financial compensation can help ease the financial burdens of funeral expenses, past medical costs, and can help dependents of the deceased through this tumultuous period. After the death of an individual due to negligent or careless acts, a wrongful death lawsuit can be filed by:
- The spouse or legally recognized domestic partner of the deceased
- Children (biological, step, or adopted) or grandchildren of the deceased
- Minors who are financially dependent on the deceased
If the deceased was not married and did not have children; heirs, beneficiaries, and next of kin could file a wrongful death lawsuit. This would include parents, stepparents, siblings, or certain extended family.
How Can a Monterey Wrongful Death Lawyer Help Me?
Dealing with the loss of a loved one can feel like your whole world has shattered. Not only are you left to grieve the deceased, but you must also face the fact that their death was caused by the negligence or recklessness of another party. Filing a wrongful death claim can help hold those responsible accountable, and working with a Monterey wrongful death lawyer can help strengthen your claim. A wrongful death attorney from BD&J can represent you through filing a claim, negotiations, discussing settlement options, and handle all communications when it comes to speaking to the defendant and their legal representative.
Frequently Asked Questions
Can Minors File a Wrongful Death Lawsuit?
No, minors cannot file a wrongful death lawsuit on their own. A minor under the age of 18 who wishes to file a wrongful death lawsuit after the death of a loved one must have a legal guardian or court-appointed guardian (guardian ad-litem) to represent them in the filing and court process.
Will a Wrongful Death Attorney Represent a Minor in Court?
Yes, a wrongful death attorney can represent a minor in court through working with their legal or court-appointed guardian. A Monterey wrongful death lawyer works closely with the minor’s guardian to successfully file a claim and keep the minor’s best interests throughout the legal process.
How Long Do I Have to File a Wrongful Death Lawsuit?
The standard deadline to file a wrongful death lawsuit in California is 2 years from the date of death. However, if the wrongful death lawsuit is based off medical malpractice, plaintiffs have 3 years from the date of injury or 1 year from the date of discovery of the injury to file. Wrongful death lawsuits involving government agencies must be filed within 6 months of the date of death.
Is it Hard to Prove Wrongful Death?
It can be challenging, but not impossible, especially when you’re working with a Monterey wrongful death attorney. Proving wrongful death ultimately depends on establishing that the defendant had a duty of care, this duty of care was breached, and proving causation to connect the defendant’s acts to the deceased’s fatal injuries.
Is Causation Important to a Wrongful Death Lawsuit?
Yes, causation is the most important basis of a wrongful death lawsuit. This legal principle establishes a direct connection between the preventable actions of the defendant and the deceased’s death. If you are struggling with establishing causation in a wrongful death lawsuit, a Monterey wrongful death lawyer from BD&J can help!
How To Collect Evidence for a Wrongful Death Lawsuit
Evidence can be what solidifies your wrongful death lawsuit for possible compensation. To collect evidence to support your claim, be sure to:
- Gather documentation. The proper documentation for your wrongful death claim should include medical records, a death certificate, autopsy reports, photos and videos of the incident, police reports, and witness statements.
- Establish a duty of care was breached. Establishing a duty of care was breached is a key step in any wrongful death lawsuit. From there, causation is obvious, and your claim continues to strengthen.
- Talk to a Monterey wrongful death lawyer. Talking to wrongful death attorney in Monterey means your evidence is now being represented by a skilled legal expert. In fact, with 95% of personal injury lawsuits ending in pre-trial settlement, you want to make sure you have a thorough and diligent wrongful death attorney at your side to negotiate and consider your and your family’s best interests.
Unwavering Monterey Wrongful Death Lawyers Who Fight for Justice
Losing a loved one through the preventable actions of another party can be extremely devastating. Working with a wrongful death attorney in Monterey to hold liable parties accountable in a lawsuit can help ease the financial strain in the aftermath of a loved one’s death, allowing you to grieve without the additional weight on your shoulders.
At BD&J, our attorneys are aggressive advocates for the rights of injured Monterey citizens and their families. With more than $2 billion* recovered, we accompany grieving loved ones in the pursuit of justice for the family members they have lost. No fees until we win*. Call us now to schedule your free consultation.
