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Wrongful Death

Established Bay Area Firm Provides Compassionate Wrongful Death Representation

Experienced San Jose lawyer asserts the rights of families to seek compensation

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.

How do we prove a wrongful death claim?

To recover damages in a wrongful death action, we must prove each of these elements:

  • The person, entity or corporation acted negligently.
  • Your loved one was injured as a result of the negligence.
  • Your loved one died of her or his injuries.
  • You suffered damages as a result of your loved one’s death.

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.

Who can file a wrongful death lawsuit?

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.

We recover the maximum possible damages for your loss

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:

  • Funeral and burial expenses
  • Medical bills related to your loved one’s terminal injury
  • Lost wages since the time of the accident
  • Income that your loved one would have made in the future
  • Loss of household services, including childcare, accounting, household duties and security
  • Loss of love, friendship, guidance, affection, support and advice
  • Your pain and suffering

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.

Consult with a wrongful death lawyer in San Jose

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.

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  • "The best Personal Injury lawyer I have had the pleasure of meeting is Richard Staskus. A lawyer who did his job as a caring and concerned man and also did his job diligently and with a winner’s attitude. Mr.Staskus put his heart in representing me and won my case for a lot of $. There is not a better attorney out there."

  • "Staskus is a lawyer that is more than qualified to get the job done. I have no regrets in working with attorney Richard Staskus for truly he was a God send that blessed me. Not only is he the best, but his expertise as a lawyer in his line of work is unquestionable. 6 plus stars is warranted for Mr.Staskus!"

  • "“I want to Thank You so much for all the time and commitment you have given to our case.” My family and I are so grateful for everything you have done. We could not have asked for a better lawyer and victory!"

  • "Richard Staskus and his staff are amazing and really care. I never expected the outcome he got for me. All my medical bills were paid, I am pain free now and I received a check too. Thank You so much Richard!"

Office Location
  • San Jose Office
    25 North 14th Street
    Suite 460
    San Jose, California 95112
    Phone: 408-995-0800