Hollister, California Wrongful Death Lawyer

What Is a Wrongful Death Claim?

A wrongful death claim is a civil lawsuit brought by a deceased individual’s close familial survivors or the decedent’s estate. It seeks financial compensation for losing your loved one due to someone else’s negligence. Accidents that give rise to wrongful death claims include: 

• Motor vehicle accidents (e.g., car, truck, motorcycle);
• Car vs. pedestrian or bicyclist accidents;
• Medical malpractice;
• Defective products; and
• Premise liability claims.

If you recently lost a loved one due to another person’s conduct, it is best to seek the advice and guidance of a Hollister wrongful death attorney immediately. Remember, you don’t have to navigate this challenging time alone. Contact Gonzalez & Jones, APC, and we’ll answer your questions, address your concerns, and guide you through the legal process with compassion and unwavering dedication.

Who Can File a Wrongful Death Claim in Hollister?

California law has specific rules that dictate who can file a wrongful death claim. Generally, spouses and children of the deceased have a claim for wrongful death, as do certain other individuals who are financially dependent on the deceased. In circumstances where there is no surviving spouse or children, other parties may be eligible to file a claim.

Spouses and Domestic Partners 

A surviving spouse or domestic partner has the right to file a wrongful death claim. Filing a claim ensures that the surviving spouse or domestic partner has financial security and the ability to seek justice for their loss. California law affirms the deep emotional and economic bond between married couples and domestic partnerships.

Children

Children of the deceased are also eligible to file a claim for wrongful death. The term “children” includes biological children, adopted children, and stepchildren who were financially dependent on the deceased at the time of their passing. It is important to note that when there are multiple children, California law treats them as a single unit. Any recovery in a wrongful death lawsuit will be divided equally among them, regardless of their age or financial dependence.

Parents

Dependent parents have the right to file a separate wrongful death claim to seek compensation for their own lost financial support. “Dependent” in this context has a specific legal meaning. For a parent to be considered dependent, they must have received financial support from the deceased child at the time of their death, and this support must have been a significant portion of their overall income. If the deceased person has no descendants, then their parents can file a wrongful death claim even if they were not dependent on the deceased person for support.

Grandchildren

The law also considers grandchildren in certain circumstances. First, a grandchild may file a claim for the wrongful death of their grandparent if the grandchild’s parent predeceased the grandparent. Second, they may file a wrongful death claim if they were dependent on the grandparent, as outlined in the next section.

Dependent Minors

Minors who are dependent on the deceased person for support may file a wrongful death claim. To qualify, they must have lived with the deceased person for at least 180 days before their passing and demonstrably relied on the person for more than half (over 50%) of their financial support at the time of their death.  A claim by a dependent minor can present a complex situation, and it’s crucial to speak with a Hollister wrongful death attorney to understand your specific qualifications.

Heirs at Law

California’s intestate succession laws dictate how the estate of someone who dies without a will is distributed. Intestate succession allows siblings, nieces, and nephews to inherit a portion of the deceased’s estate when there are no surviving parents, children, or grandchildren. They may also file a wrongful death claim under the same circumstances. Our experienced Hollister wrongful death lawyers can help you navigate the intricacies of intestate succession laws and determine if you qualify as an heir with the right to file a claim.

Overview of California Wrongful Death Lawsuits

A wrongful death lawsuit proceeds similarly to other personal injury claims. The main difference between the two is that the person filing a wrongful death claim is not the accident victim themselves—but a family member, executor, or representative. Like any personal injury lawsuit, the plaintiff must prove their case. A wrongful death lawsuit can be based on another person’s negligent, intentional, or even criminal actions. Most wrongful death claims are based on the theory that the defendant acted negligently, causing your loved one’s death.   To prove negligence, you must prove the following: 

• The defendant owed the decedent a reasonable duty of care;
• The defendant breached that duty;
• The defendant’s breach caused the decedent’s death; and 
• As a result, you suffered damages. 

These elements may seem straightforward, but it can take substantial, credible evidence to prove another person caused your loved one’s death and you were financially harmed as a result. Establishing a causal relationship between the two events can take significant time and investigation. There is no legal requirement that you hire an attorney to file a wrongful death lawsuit in California, but we strongly encourage it. A skilled wrongful death lawyer can make a tremendous difference in the outcome of your case.

California Wrongful Death Statute of Limitations

In California, the wrongful death statute of limitations is typically two years from the date of the decedent’s death. In other words, you have two years from the date your loved one died to file your lawsuit in court. This timeline can be shorter or longer if exceptions to the rule apply. When you are in the midst of grief, this time can go by fast, so we always encourage individuals to consult an attorney immediately to preserve their rights. 

What Damages Are Available in Wrongful Death Lawsuits?

Generally, the damages or compensation available in a wrongful death case will closely resemble those of any personal injury case. However, certain damages are unique to wrongful death actions.

Economic Damages

Economic damages are the most straightforward because they are meant to cover the direct financial loss you suffered from losing your loved one. They are typically easy to calculate by adding up past costs and estimating future expenses. Receipts, bills, invoices, and other records are vital in determining your economic losses. Examples of economic losses you may be able to recover in a wrongful death suit include:

• Medical Expenses. Medical bills and out-of-pocket expenses incurred by your loved one as a result of the accident up until their death (e.g., emergency room care, surgery, inpatient hospital treatment, etc.); and
• Lost Wages. In a wrongful death claim, the plaintiff’s family member may be entitled to compensation for the decedent’s lost wages for the time between the injury and their death and for anticipated future lost earnings. This is especially important if the decedent provided substantial financial support for their family. 

Future lost wages can be complicated and challenging to predict accurately because someone’s earning capability is often fluid over time. For instance, what the decedent may have earned at the time of their death at age 35 is sometimes different from what they could have made at age 50.  Insurance companies and courts will evaluate several factors to help determine future lost wages, including:

• The age of the decedent at the time of their death,
• If the decedent had any prior health conditions before their death,
• The financial needs of their minor children or spouse, and
• The decedent’s overall earning capacity.

Your lawyer can help you gather the evidence necessary to establish your loved one’s earning capability should they have survived. 

Non-Economic Damages

Non-economic damages are intended to compensate the decedent’s surviving family members and loved ones for their less tangible losses. These damages are often difficult to quantify and are more heavily disputed than economic losses because they are subjective and personal to each individual. The emotional turmoil you might experience as a result of losing your loved one in a truck crash may be drastically different from someone else in a similar situation.  Non-economic damages can include:

• Pain and suffering,
• Mental anguish,
• Emotional distress,
• Loss of consortium, and
• Loss of companionship and parental guidance. 

However, plaintiffs, defendants, and their insurance companies often do not agree on non-economic damages. This is one of the areas where you can significantly benefit from a seasoned wrongful death attorney. We can aggressively negotiate non-economic damages or prove them at trial if necessary.

Other Wrongful Death Claim Financial Losses

In addition to the typical economic and non-economic damages, you may be able to seek compensation for other financial losses unique to these claims, including: 

• Lost anticipated inheritance,
• Lost value of household services,
• Lost value of childcare, and
• Funeral and burial expenses.

While no amount of money can truly replace the loss of a loved one, securing compensation through a wrongful death claim can help alleviate some of the financial burdens associated with this tragedy. An experienced wrongful death lawyer can help you better understand what you might expect to recover. 

Frequently Asked Questions (FAQs):

1. What If I’m Unsure Who Is at Fault for My Loved One’s Death?

The cause of a fatal accident can be complex. A skilled Hollister wrongful death attorney can investigate the circumstances surrounding your loved one’s passing. Through a thorough investigation, they can gather evidence such as police reports, witness statements, and accident scene reconstruction to determine liability.

 2. Can I Still File a Wrongful Death Claim If My Loved One Was Partly to Blame for The Accident?

California follows a pure comparative negligence system. There is no limit or bar to your recovery. If your loved one is found to be partially at fault for the accident, you can still recover compensation. However, the amount you receive will be reduced based on the percentage of fault attributed to the deceased. Thus, if your loved one was 20% at fault for the accident, your award for damages will be reduced by 20%. A wrongful death lawyer in Hollister can fight to minimize the assigned fault and maximize your recoverable damages.

3. What Evidence Is Needed to Support a Wrongful Death Claim?

Building a solid wrongful death case requires evidence that proves that a wrongful act or neglect by another party caused your loved one’s death and that you and other family members have suffered damages due to the loss of your loved one.  The following documentation typically proves these facts.  

• Death certificate;
• Police report, medical records, or accident scene investigation;
• Financial records, like bank statements and tax returns; and
• Documentation of lost wages, medical bills, and funeral expenses.

Wrongful death attorneys in Hollister can help gather this evidence and build a compelling case to secure the compensation you deserve.

4. How Long Does a Wrongful Death Lawsuit Typically Take?

The timeframe for a wrongful death lawsuit can vary depending on the case’s complexity, the at-fault party’s willingness to settle, and the need for litigation. An experienced attorney can provide a more accurate estimate based on the specifics of your case.

5. What Is the Difference Between a Wrongful Death Claim and a Criminal Case?

Wrongful death claims are civil lawsuits filed by surviving family members to seek financial compensation for their loss. Criminal cases, on the other hand, are brought by the State to punish the person responsible for the death through jail time or fines. Both a wrongful death claim and a criminal case can arise from the same incident.

Our Experienced Hollister Wrongful Death Lawyers Are Here for You

At Gonzalez & Jones, APC, we are a family-owned boutique law firm offering a personalized and compassionate approach to each of our clients. Here, you are treated like family. Our team is there for you every step of the way, from the inception of your case to settlement or trial. If you live in San Juan Bautista, Salinas, Gilroy, or anywhere in California and recently lost a loved one, let us advocate for you and your family. Contact us online or call (408) 848-2208 today to schedule a free consultation.