Our Compassionate, Skilled Legal Team Is Here to Help
Losing a loved one is always difficult, but when someone you love is taken from you through the negligence or wrongdoing of someone else, the pain can be especially sharp. Under certain circumstances, the survivors of the deceased person may file a lawsuit in order to seek compensation for their loss. If you recently lost a loved one due to another person’s carelessness or fault, we encourage you to contact our firm.
At BD&J, we understand the pain of losing a loved one. Our firm is passionate about advocating for the rights of the wrongfully injured, and we are confident in our ability to successfully represent you. Not only are we dedicated to providing our clients with personalized legal services, but we are also not afraid to take on big insurance companies or corporations.
Seeking Fair Compensation for the Loss of a Loved One
The wrongful death of a loved one can leave surviving family members with large, unexpected expenses — not to mention the emotional cost. Families may require compensation to cover funeral expenses, medical bills, future lost wages, and other future expenditures.
In California, the following parties may pursue compensation in a wrongful death lawsuit:
- Spouses or life partners
- Immediate family members, including children, siblings, or parents
- Individuals who were financially dependent upon the deceased
Common Causes of Wrongful Deaths
You can file a wrongful death suit with help from a wrongful death attorney for many reasons, but some of the most common causes include:
- Automobile accidents: A car accident death could be considered a wrongful death if a driver was distracted, intoxicated, aggressive, or impaired.
- Medical malpractice situations: A medical professional may cause a wrongful death if their negligence or omission leads to a patient’s death.
- Product malfunction: If a product failure causes a death, the family could pursue a suit against the manufacturer.
- Criminal acts: This situation happens when a person dies due to another person committing a criminal offense.
- Work accidents: Unsafe work conditions or negligence on the employer’s part qualifies as a wrongful death.
Work with an experienced attorney in Fresno to determine if your situation qualifies.
Determining Liability in a Wrongful Death Case
Depending on the circumstances of your case, there are many different parties who could be held liable for the death of your loved one. For example, in a car accident case, the other driver involved in the incident may be at fault. If your loved one was fatally injured by a defective medical device, the manufacturer of that device is likely liable. When you trust our lawyers at BD&J, we can use our legal skills and resources to investigate the circumstances of your loved one’s death in order to identify the responsible parties.
What Evidence Is Needed to Prove Liability in a Wrongful Death?
Collecting as much evidence as possible helps prove your case. Examples include:
- Medical records
- Accident or incident reports
- Autopsy reports
- Death certificates
- Photos or videos
- Witness testimony
- Financial documents
Your attorney can help you collect the necessary evidence to solidify your case.
Understanding Wrongful Death Damages
In a wrongful death case, there are 3 different categories of damages that the survivors of the deceased may pursue compensation for. Economic damages refer to the financial contribution lost through the death of one’s loved one. This may include the deceased person’s projected future earnings and inheritance, as well as their medical expenses and funeral costs.
Non-economic damages include retributions for pain and suffering and are therefore less cut-and-dry. Pain and suffering may include the loss of a relationship, loss of care and love, and any other emotional pains incurred through the death of the loved one. Lastly, loved ones of the deceased may pursue punitive damages, which exist to penalize the defendant for their negligent behavior or wrongdoing.
How Long Do You Have to File a Wrongful Death Case?
The statute of limitations varies by state, typically ranging between 1 and 3 years. In California, the time frame is 2 years from the person’s death. Your lawyer can help you determine the deadline for your specific case.
Your Right to Just Compensation in a Wrongful Death Case
If your loved one was taken from you because of another person’s error or negligence, you may have a right to take legal action. Losing someone you loved and depended on can be extremely painful on both emotional and financial levels, which is why our firm wants to help. We will fight for your right to compensation on behalf of your deceased loved one, helping you gain justice and closure as you heal.
To get started, contact our Fresno wrongful death attorneys to schedule your initial consultation.
