Stockton Wrongful Death Lawyer

Dealing with the loss of a loved one due to wrongful death is never easy, but you can file a lawsuit against the person or company who negligently or recklessly caused the untimely death. While money cannot bring back your loved one, it can ease worries about handling expenses from the wrongful death. You have the right to sue to recover those costs.

Some examples are slip-and-fall accidents on someone else’s property, life-threatening injuries from defective products, vehicular accidents, pedestrian-car accidents, assault and battery, animal attacks, and construction accidents.

Unlike a criminal suit, wrongful death is a civil law matter, and hiring a Stockton wrongful death lawyer to manage your case can provide you and your family with the damages you deserve to begin moving forward. Let the personal injury attorneys at Law Office of Brian H. Turner help you seek justice for the loss of your loved one today.

How Is Liability Proven in a Wrongful Death Lawsuit?

California Code of Civil Procedure § 377.60 defines a wrongful death as “a death of a person caused by the wrongful act or neglect of another.” Typically, only family members—such as a spouse, parents, children, and other immediate kin—or the designated personal representative of the deceased can file a wrongful death claim. If the estate’s personal representative brings a suit, it is deemed a survival action, which is a personal injury claim that the deceased could have brought against the defendant if they had lived. A potentially liable party’s negligence can be proven through evidence, such as medical and police records, documentation from the accident scene, and professional or eyewitness testimony.

To prove wrongful death in a lawsuit, the plaintiff must demonstrate the following elements of negligence:

• The defendant owed the deceased a duty of care
• The defendant recklessly or purposefully breached that duty of care
• The defendant’s breach caused the death
• You (the family member or personal representative of the deceased) suffered financial and other harm and loss due to the death

The statute of limitations for personal injury and wrongful death lawsuits is two years from the date of the victim’s injury or death. A trusted wrongful death attorney can guide you and your family through the process of filing a lawsuit in Stockton to ensure that it is within California’s statute of limitations.

What Damages Are Possible in a Wrongful Death Lawsuit?

A wrongful death suit can involve both economic and non-economic damages, and the focus is on compensating the victim’s surviving family. While punitive damages are generally not awarded in wrongful death cases, there may be instances where they are allowed, such as if the victim died in a felony homicide case and the defendant was convicted.

Examples of damages a victim’s family may recover include:

• Loss of future financial support
• Expenses for the funeral and burial
• Loss of companionship, protection, support, affection, and guidance
• Loss of economic benefits and services that the decedent could have provided, including gifts and household services

While non-economic damages can be difficult to prove, a jury can award an amount that is reasonable based on the evidence. Meeting with a Stockton attorney experienced in fatal accident claims can help you understand the damages available and how to best demonstrate the impact of the loss on the deceased’s family.

Contact an Attorney for Help With a Wrongful Death Claim in Stockton

Losing a loved one to a negligent or reckless act is hard enough without worrying about filing a lawsuit, gathering evidence, and proving the effects of the loss. You do not have to navigate this traumatic time on your own. There is legal help available to you from a Stockton wrongful death lawyer.

Booking a consultation with an attorney from the Law Office of Brian H. Turner could ensure that you and your family have support throughout the entire legal process. Contact our wrongful death lawyers today for a no-obligation meeting to start your claim.