We’re Here for You During This Difficult Time
If you have suffered the loss of a loved one due to the negligent or intentional actions of an individual, company, or other entity, you need an attorney with ample experience handling wrongful death lawsuits. At BD&J, our San Jose wrongful death lawyers offer compassionate and results-driven representation to surviving family members facing the consequences of another’s careless actions. Backed by decades of combined experience and more than $2 Billion in recoveries, our firm stands ready to help your family move forward after the tragedy by fighting for the justice and closure you deserve.
Who Can File a Wrongful Death Lawsuit in California?
When someone dies in a preventable accident, their surviving family members may have the right to file a compensation-seeking lawsuit against the party responsible for causing the accident. Liable parties may include careless drivers, negligent employers, and manufacturers of dangerous products, to name a few examples.
California law states that the following people may file a wrongful death lawsuit:
- Spouses/domestic partners
- Children and grandchildren of the deceased
- Stepchildren or parents who were dependent on the deceased for support
Preventable accidents you may be able to file for include:
- Car accidents and truck accidents
- Pedestrian accidents
- Medical malpractice
- Work accidents
- Premises liability accidents
- Accidental poisoning and overdose
There are many other scenarios we can assist you with as well. Please speak to us about your circumstance, and we will lend a compassionate ear while we help you recoup what you are owed.
Who Can Be Held Liable in Wrongful Death Cases?
California allows families to use the civil legal system to hold individuals and corporations responsible in wrongful death cases. In most cases, you must show that a person or company was negligent or intentional in causing the harm.
Wrongful death cases are a type of personal injury case, and that means the burden of proof is on the plaintiff — the person bringing the claim. You will need to prove that the person or company acted recklessly in a way that caused the wrongful death or that they acted intentionally and maliciously.
Some examples of negligence that might lead to a wrongful death include:
- Property owners failing to fix known hazards in commercial buildings
- Drivers who fail to operate their vehicles according to traffic laws
- Companies that sell a defective product because they don’t engage in proper quality assurance
How Are Wrongful Death Claims Proven?
As a plaintiff in a wrongful death case, you must prove several facts, including:
- That the person in question had a duty of care. This duty means that the person could reasonably be responsible for offering some level of care. For example, doctors have a duty to provide a certain standard of care for patients, and landlords have a duty to provide safe accommodations for residents.
- That there was a breach of duty. You typically need to demonstrate that the person or corporation in question acted — or failed to act — in a way that caused them not to meet their duty of care.
- That the breach caused an accident or injury. The negligent action must be tied to the incident that caused the wrongful death.
- That you have experienced damages. You may need to demonstrate damages due to the wrongful death, such as loss of financial support or companionship.
What Damages are Available in San Jose Wrongful Death Lawsuits?
It is impossible to receive full compensation for the loss you have suffered. There is no amount of money on earth that can make up for your grief and the loss you are experiencing. Financial compensation can help replace the financial burden placed upon remaining loved ones.
There are two categories of wrongful death damages that our team can help your family recover. These are economic and non-economic damages.
A successful California wrongful death lawsuit may provide compensation for the following damages:
- Funeral & burial expenses
- Lost future income the deceased person would have earned
- Lost benefits, such as 401(k) or medical benefits
- Loss of companionship
- Pain & suffering of surviving family members
In cases involving particularly egregious instances of negligence, punitive damages may also be available. These damages are meant to punish the defendant for their carelessness and deter further misconduct in the future.
Reasons to Hire a Personal Injury Attorney
A personal injury attorney can help you understand strategic options in your case. They can also work to gather evidence, including documents, photographs, videos, and witness testimony, to help support your case and prove there was a breach of duty and that it caused the wrongful death.
Experienced personal injury attorneys are familiar with civil court procedures, so they can provide support and guidance throughout a lawsuit. They can also negotiate on your behalf with insurance companies and other parties to help improve your chances of a fair and just outcome.
Compassionate Assistance and Aggressive Advocacy
BD&J takes pride in helping grieving families recover after a terrible tragedy. When you work with our San Jose firm, you become a part of our family, and as such, you can rest assured that we will do everything in our power to help your case prevail.
We’d like to offer you a complimentary case review to give you more information on the wrongful death lawsuit process. Call us at (855) 906-3699 to get started.
