Wrongful Death

Wrongful Death

We Understand the Greater Effects of Wrongful Death

Losing a loved one to a premature or accidental death is a terrible shock, bringing a great sense of grief and sadness. When that death is due to the negligence of another person, your sense of confusion and anger can be made even greater if attempting to take legal action.

It is understandable that the loss of your loved one may also lead to concerns of how your family will be able to cope financially.

Although making a wrongful death claim for compensation may be the furthest from your mind at the time of your loss, the financial consequences of losing a loved one, especially a partner, shared breadwinner or income provider to your household, may make the consideration inevitable.

The need for financial compensation for wrongful death can include covering medical or funeral expenses, but may increase if the deceased was the main income provider for your family.

Though no amount of money can ever compensate for the loss of a loved one, making a wrongful death claim for financial compensation may be the only way in which you are able to save your family from additional hardship by guaranteeing their financial security.

What Constitutes Wrongful Death?

Unfortunate accidents can come in all forms and shapes, and a wrongful death can be due to any number of reasons related to the negligent, reckless, or deliberate behavior of someone else, including:

  • Road Traffic Accidents
  • Work-Related Accidents
  • Medical Negligence
  • Assault
  • Car Accidents
  • Truck Accidents
  • Product Liability
  • Government Liability
  • Motorcycle Accidents

A wrongful death claim can be brought about by a single, catastrophic incident, such as a workplace explosion, a fall, or other accident. But it can also be caused by repetitive injuries sustained by those in highly demanding jobs, including construction workers or professional athletes.

Making a Wrongful Death Claim for Compensation

A wrongful death claim can help relieve your family of financial burden, by collecting on the following:

  • Medical bills and burial expenses
  • Compensation for lost wages that their loved one would have earned had they lived
  • Compensation for the loss of the love, comfort, society, guidance, moral support, affection, attention and household services.

At The Mann Law Firm, our attorneys have the experience necessary to help you establish a successful wrongful death claim, including:

  • That your loved one’s death was caused by someone else’s negligence, recklessness, or deliberate act, and not by the deceased own inaction.
  • That you and your surviving family members have suffered damages due to the loss of your loved one.

While in all states surviving spouses and children can file a wrongful death claim, the rights of extended family members vary. It’s imperative that your attorney be familiar with California laws relating to wrongful death cases. Only certain people are allowed to file a wrongful death lawsuit in California. The wrongful death statute specifically allows the following parties to bring a wrongful death claim:

  • the deceased person’s surviving spouse and children, including a putative spouse and children
  • the deceased person’s domestic partner
  • the deceased person’s parents, surviving siblings, or children of deceased siblings
  • grandparents or lineal descendants, and/or
  • individuals who were financially dependent on the deceased person at the time of his or her death.

Serving Clients in San Jose, California

If you have recently lost a loved one and believe it was due to another’s negligence or wrongful acts, our experienced attorneys can offer practical and helpful advice about the options available to you.

Our wrongful death lawyers will work to establish the most important elements of a claim, i.e. negligence and causation, by thoroughly investigating the cause of your loved one’s death. We’ll examine police reports, interview witnesses and analyze physical evidence in order to prove fault.

Call us today for a free consultation at (408) 287-1600 to find out more about protecting your family.