Losing someone you love is one of the most difficult things you will ever have to go through. You will feel the loss in nearly every aspect of your life. When the death was caused by the negligent or careless actions of another person, it can make the grief even more unbearable and difficult to move past. You may even incur financial losses due to the death. When someone’s life is taken as a result of another person’s careless actions, it is known as a wrongful death. After losing a loved one, you can file a wrongful death claim against the party who caused the accident. These claims are incredibly complex, though. Our San Jose wrongful death lawyer can help you file so you obtain the full and fair compensation you deserve.
Accidents That Cause Wrongful DeathThere are many different types of accidents that can cause wrongful death. Some of the most common of these include:
Regardless of whether a wrongful death was caused by an accident or an intentional act, the person who caused it can be held liable for paying full compensation for your losses.
Who Can File Wrongful Death Claims in San Jose?California law outlines very specific family members who can file a wrongful death claim. Surviving spouses, domestic partners, and children of the deceased are the first people who can file a claim. If the deceased did not have a surviving spouse or children, the parents and siblings of the deceased can file a claim. While these individuals can receive damages for their losses, it is the personal representative of the estate that actually files the claim. If the deceased did not name a personal representative, the court will appoint one. If you are not sure whether you can file a wrongful death claim on behalf of your loved one, reach out to a wrongful death attorney in San Jose for help.
Damages Available in a Wrongful Death ClaimThe damages awarded in wrongful death claims are distributed to both the estate and to surviving loved ones. The damages awarded to the estate cover the losses the deceased incurred. They include medical expenses and any income the deceased lost prior to their death.
The damages awarded to surviving loved ones cover the losses they incurred as a result of the death. These include future income the deceased would have contributed to the household, the value of other contributions they made to the household such as housekeeping, and the loss of love, emotional support, companionship, and guidance.
Our Wrongful Death Lawyer in San Jose Can Help Your Family During This Difficult TimeAt Brod Law Firm, our San Jose wrongful death attorney understands how difficult it is to lose someone you love suddenly and unexpectedly. While the damages awarded through a lawsuit cannot bring your loved one back, they can help offset the losses sustained while also holding the liable party accountable. Call us now at (800) 427-7020 or connect with us online to schedule a free review of your case.