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The death of a loved one is a harrowing experience, especially when grief is compounded by the feeling that the loss comes from someone else’s wrongful actions. At BANA LAW, PC, we understand the profound emotional turmoil and potential financial devastation that accompany wrongful death cases.
Our wrongful death attorneys have consistently offered compassionate legal representation to families seeking wrongful death benefits. If you are seeking legal assistance to obtain justice for your loved one, reach out to us today for a discussion with a Fresno wrongful death attorney.
Understanding Wrongful Death in California
Wrongful death means that a person’s death occurred because of the wrongful act or neglect of another party. Negligence is the most common basis for a wrongful death claim. For example, if a driver runs a red light and causes a fatal car accident, it may be considered wrongful death. In such cases, the death must result in damages to surviving family members.
California Code of Civil Procedure § 377.60 gives the surviving family members the right to seek redress for their loss. These cases are associated with a variety of deadly circumstances, including:
- Fatal crashes caused by drunk driving, speeding, distracted driving, reckless driving, or other traffic violations. These can involve cars, trucks, motorcycles, or pedestrians.
- Deaths occasioned by medical errors such as surgical mistakes, misdiagnosis, medication errors, birth injuries, or inadequate care.
- Fatalities occurring on construction sites, industrial settings, or other workplaces due to unsafe conditions, defective equipment, employer negligence, or violations of safety regulations.
- Deaths caused by hazardous conditions on a property belonging to someone else, such as slip and falls or violations of building codes.
- Deaths resulting from malfunctions or defects in consumer products, automobiles, medical devices, or other manufactured goods.
- Deaths caused by physical abuse, emotional abuse, neglect, or inadequate care in nursing home facilities.
- Sometimes, intentional acts of violence can cause wrongful death.
If your loved one’s passing was caused by any of these circumstances or any other act of negligence, you may have grounds to pursue a wrongful death lawsuit in Fresno.
"Even now, after our case is over, Ryan is still there for us whenever we need him. They're good people."
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Who Can File a Wrongful Death Claim?
One of the key considerations when handling a wrongful death is who can file a claim. In California, section 377.60 of the California Code of Civil Procedures is very clear on who is legally qualified to initiate a wrongful death claim. Generally, the following parties can pursue legal action:
- The surviving spouse
- Legal domestic partner of the deceased
- Biological, adopted, or stepchildren of the deceased
- Biological or adoptive parents of the deceased
- Grandchildren, dependent on the deceased
- Siblings who depended on the deceased financially
- Minors who were dependent on the deceased and had lived in their household for 180 days prior to the decedent’s death
- A Personal representative, such as the executor or administrator of the deceased’s estate
We will analyze your situation and determine your legal standing regarding filing a wrongful death lawsuit.
Damages Recoverable in a Wrongful Death Claim
When someone passes away due to another’s negligence or wrongful act, it is an outright injustice. The loss of a family member results in significant financial burdens for the surviving family members. While no monetary compensation can truly replace the void a loved one leaves when they die, a successful wrongful death claim is a way to alleviate the financial distress and emotional toll associated with the loss.
Here are the recoverable damages for a wrongful death claim in Fresno:
- Loss of financial support. The deceased may have been a primary provider, and their income is now lost.
- Funeral and burial expenses. Planning for burials to send off a loved one can involve substantial expenses.
- Medical expenses. There may be outstanding medical bills related to the deceased’s final injury or illness.
- Loss of benefits. The family may have lost benefits like health insurance or retirement funds.
- Loss of services. Loss of household services such as childcare, home maintenance, etc.
- Intangible losses. Loss of love, companionship, comfort, care, assistance, and protection enjoyed by the family.
- Pain and suffering. This involves compensation for the emotional pain and suffering the family experienced due to the loss.
- Loss of parental guidance. Compensation for the loss of parental training, advice, and education for surviving children.
In some cases, if the defendant’s actions were gross misconduct, the judge may award punitive damages. This compensation is intended to punish the wrongful acts and bar such actions in the future. We can help you prove negligence to secure rightful compensation.
"I felt very protected, especially the way Ryan answered any question I had. I was very happy with the results of my case."
NO FEES UNLESS WE WIN GUARANTEE
NO FEES UNLESS WE WIN GUARANTEE
How Do You Prove Negligence in a Wrongful Death Case?
Another key aspect of wrongful death claims is the burden of proof. The family must prove that the defendant’s actions or negligence caused the death. To win in your lawsuit, your attorney must demonstrate elements of negligence. These include:
- A responsible party. There needs to be a person or entity whose actions (or lack thereof) are being examined. This is the person or entity that might be held liable.
- Failure to act with reasonable care. This means the responsible party didn’t act as a reasonably careful person would have in the same situation. Did they do something a reasonable person wouldn’t do? Or did they not do something a reasonable person would do?
- The connection between the failure and death. It’s not enough that someone acted carelessly. That carelessness must be what directly led to the person’s death. There needs to be a clear link between what they did (or didn’t do) and the fatal outcome.
- Resulting damages. You must prove that the death resulted in actual harm to surviving family members. These are real, demonstrable losses suffered because of the death, such as financial and emotional hardships.
A Fresno wrongful death attorney can gather key evidence and present it in a compelling manner to establish the facts of the case. This involves piecing together the events leading up to the death and demonstrating what happened.
"Our goal is to remove the stress of the case from you, so you can focus on treating your injuries and begin your road to recovery."
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Contact our Wrongful Death Lawyers at BANA LAW, PC
A wrongful death claim in Fresno requires an understanding of the laws and how to leverage them for a fair outcome. At BANA LAW, PC, we understand the burden of losing a loved one and are committed to compassionate legal representation. A Fresno wrongful death lawyer will analyze your claim and advise you on what to do to ensure you secure your rightful benefits. Call us at (855) 997-6599 to book a free case review.
"We use over 100 years of combined legal experience to help our clients get the maximum compensation available under the circumstances."
NO FEES UNLESS WE WIN GUARANTEE
NO FEES UNLESS WE WIN GUARANTEE
