Any fatality caused by negligent behavior- wrongful acts by a person, persons, or a company- may result in a wrongful death claim. Through this legal action, the guilty person is held accountable and monetarily punished so your family can regain some source of normalcy.
No amount of money can replace a deceased loved one, but losing the financial security and emotional support that a loved one provided can be challenging. A San Mateo wrongful death claim can help the surviving loved ones of a deceased individual handle their financial responsibilities so they can focus on mourning and recovery.
In most wrongful death cases, the immediate family has two years to file a claim under California’s statute of limitation laws. Don’t hesitate to begin meeting with a legal team — Walkup, Melodia, Kelly & Schoenberger offers free consultations.
Wrongful Death Claims in San Mateo
Anyone in San Mateo who has lost a loved one due to the negligence of another person should understand how wrongful death claims work in California. Like personal injury lawsuits, wrongful death claims must be filed in accordance with the state’s statute of limitations. The surviving family has two years from the date of death to file a wrongful death claim, and only certain individuals may file such a claim. California allows spouses, domestic partners, parents, children (both biological and adopted), or anyone with a claim on the decedent’s estate, to file a wrongful death claim.
It’s also important to note that some situations will require the family to file a wrongful death claim while criminal proceedings are underway. While the state handles criminal charges and prosecution, the surviving family may file a wrongful death claim simultaneously with the criminal proceedings. If there are no suitable surviving kin, the court may appoint a representative to handle the deceased’s estate and represent the estate in court proceedings.
Damages in Wrongful Death Claims
The damages a family may claim in wrongful death lawsuits mirror those of other personal injury claims, with a few exceptions. Just like personal injury lawsuits, the plaintiffs may sue for the deceased individual’s medical expenses resulting from his or her final injury or illness. Additionally, if the deceased individual did not immediately perish from his or her final injury or illness, the family may seek pain and suffering compensation for the time between the injury-causing incident and the death.
The other damages in the case typically reflect the financial security provided by the decedent. For example, the plaintiffs in a wrongful death case can sue for the decedent’s lost future income, lost investments, and funeral expenses. Additionally, the family can sue for lost emotional support, affection, guidance, moral support, and attention provided by the deceased.
Hire the Best Wrongful Death Attorneys
The right attorney will be a tremendous asset to any wrongful death claim. San Mateo citizens who have lost loved ones due to the negligence of others should not have to bear the financial burden caused by another’s mistakes. The attorneys of Walkup, Melodia, Kelly & Schoenberger understand that no amount of money can replace a loved one, but losing the financial security that loved one provided can be a significant blow during an extremely difficult time.
We offer legal representation on a contingency fee basis, so you won’t be responsible for paying any legal fees unless you win your case. Contact our office today to schedule a free consultation about your San Mateo wrongful death claim. Our attorneys have the experience and resources to help families secure compensation after a terrible loss.