After the death of your loved one, a lawsuit is likely to be the last thing on your mind. You want to focus on mourning your loss and caring for your family, not battling a defendant in court. But when a family member’s death was due to negligence or misconduct, you have a right to seek justice by holding the negligent party accountable. The Law Offices of Richard J. Staskus understands this and takes on this legal battle for you. We work to hold the negligent party accountable for the loss of your loved one. We help you get answers to what happened and who is to blame. Most importantly, we pursue damages to protect your family’s financial security.
To recover damages in a wrongful death action, we must prove each of these elements:
Most wrongful death cases are settled outside of court, which can spare your family the ordeal of a trial. However, if it is in your best interest to litigate, we will provide tenacious advocacy in court.
California personal injury law limits who is able to sue for wrongful death. Spouses, domestic partners or children of the person who died can bring a wrongful death action. If none of these people exists, others such as parents and siblings can pursue a claim through intestate succession. Financial dependents, such as dependent parents, stepchildren or a putative spouse, may additionally file a wrongful death lawsuit.
Wrongful death claims can seek economic and noneconomic damages for the loss of your loved one. Economic damages are the financial losses the death has caused your family. Noneconomic damages refer to the emotional costs of losing somebody you love. The types and amounts of damages depend upon the specific facts of the case, but may include:
Any personal injury that results in death may give rise to a valid wrongful death claim. Fatalities may result from workplace accidents, birth injuries, inadequate security, medical malpractice, automobile accidents, and slip and fall injuries. You may also be entitled to the personal injury damages that your loved one would have recovered had she or he survived. We understand how difficult it may be to consider taking legal action at such an emotionally trying time, but we will do the hard work to obtain justice for your loss.
If you’ve lost a loved one due to the negligence of another, you may have a right to seek damages. The Law Offices of Richard J. Staskus offers experienced advocacy and compassionate support for Bay Area families in wrongful death actions. For a free consultation, call us at 408-606-9150 or contact us online. We handle your wrongful death claim on contingency, so there is no risk to you.