Wrongful death in California is if someone dies as the result of the negligence or wrongful act of another person or an entity, such as a company. A wrongful death lawsuit can follow a fatal car accident, workplace incident, medical procedure, animal attack, slip and fall, elevator/escalator accident, poisoning, accidental drowning, act of violence, and many other situations.
If you recently lost a loved one in preventable circumstances, your family could be eligible for significant financial compensation. At Henshaw & Henry, we know money can’t make up for the loss of your family member. It can, however, safeguard your family’s future and give your family closure.
There are thousands of reasons someone may bring a wrongful death against someone else. Freak accidents, negligence, and criminal acts committed by other parties can be causes for wrongful death suits. Common causes for such suits in California include:
• Drunk driving
• Negligent driving
• Failure to maintain safe premises
• Medical malpractice
• Unsafe products
• Toxic substance
• Work-related deaths
The California statute of limitations for filing a wrongful death suit is two years from the time of death. It’s important to note the statute applies to date of death, not date of original injury leading to death. Once the statute of limitations has passed, it is possible to make a case, but it does make it less likely that the court will hear the case.
Wrongful death cases are created when an individual has died. The ensuing compensation can include estimated wages lost for average lifespan, and medical and funeral costs. California Survival Actions include compensation for losses between the time of the victim’s injuries and the victim’s time of death. You can seek compensation for ambulance fees, medical expenses, and loss of earnings that occur during that period. California law does not allow compensation for pain or suffering of the victim during this time, unless the death was due to abuse or neglect.
The lawyers at Henshaw & Henry, PC are here to help you navigate the complex wrongful death laws in California and the City of San Jose. We know, however, that you have many pressing questions regarding your loved one’s recent passing. When you request a free consultation with us, you’ll meet with one of our lawyers or discuss your claim over the phone to get more in-depth information about your specific case. In the meantime, we hope this FAQ section will be of some assistance:
At Henshaw & Henry, PC, we differ from our competition because we do not funnel clients through paralegals or other staff members. We connect them with attorneys who have knowledge and experience handling wrongful death claims. It is the attorneys who understand the law and who interact with judges and juries, not paralegals. We let you communicate directly with lawyers for prompt, accurate answers to your most important questions and concerns. Call (408) 533-1075 to schedule your wrongful death case evaluation in San Jose today.