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When a loved one dies unexpectedly under circumstances involving negligence, the emotional weight can be unbearable for families and dependents. There is no greater injustice than knowing someone else caused the loss of life. Besides criminal action, the surviving estate can file a wrongful death claim seeking compensation.
If you believe your loved one’s death was foreseeable and preventable, you may have a case. Our compassionate Castro Valley wrongful death lawyers are here to help. With aggressive representation, the Castro Valley personal injury lawyers at Lone Star Injury Attorneys can help fight for the compensation you deserve.
What Qualifies as a Wrongful Death?
A wrongful death arises when someone dies due to the negligent conduct or actions of another party. There are many ways this can happen. Typical scenarios include fatalities resulting from:
- Motor vehicle accidents
- Bicycle accidents
- Defective products
- Medical malpractice
- Workplace/construction accidents
- Negligent security incidents
- Falls
- Nursing home abuse
To bring a wrongful death claim, the decedent’s estate must meet the burden of proof as follows:
Duty of Care
Duty of care, as defined in personal injury law, refers to a person’s responsibility to exercise reasonable care and caution to avoid foreseeable harm. It establishes that the defendant was legally obligated to protect the deceased from injury or death. For example, if your loved one died in a hit-and-run accident, the driver had a duty to drive responsibly and stop after the accident.
Breach
Breach of duty is the failure to uphold the expectation of care owed to the deceased. It happens when someone acts recklessly or in a way that a prudent person wouldn’t in the same circumstances. Surgical errors, drunk driving, product liability, speeding, and aggressive driving are examples of breach of duty. An experienced Castro Valley wrongful death lawyer can assess your case to demonstrate a breach of duty.
Causation
Causation is the link between a defendant’s breach of duty and the resulting death. There must be proof showing how negligent actions were the direct and proximate cause of loss of life. This means the death would not have occurred if they were not reckless. A seasoned wrongful death attorney can prove causation through police reports and accident reconstruction.
Damages
Damages in a wrongful death lawsuit refer to the emotional and financial losses suffered by the deceased before death and their families. They include loss of consortium, physical pain and suffering, emotional distress, lost companionship, medical bills, funeral expenses, and related harms. Showing these damages is essential for demonstrating the real impact of the death on the surviving estate.
For a free legal consultation with a wrongful death lawyer serving Castro Valley, call (832) 449-8230
Wrongful Death Claims vs Criminal Action. What’s the Difference?
One of the most frequent questions our attorneys get concerns the difference between a wrongful death lawsuit and criminal charges. For many people, it sounds just the same, but the truth is that these two legal actions are distinct. None is dependent on the outcome of another. However, a skillful wrongful death attorney can review and recover evidence from a criminal proceeding to back a civil claim.
First, a wrongful death claim is a civil matter brought forward by the estate or family of the deceased. The aim is to seek compensation for the loss. If successful, the claimant stands a chance to recover damages for lost consortium, emotional distress, funeral expenses, lost financial premiums, medical bills, lost companionship, and loss of love and guidance.
A state prosecutor files criminal charges on behalf of the government. The goal is to punish the offender for violating laws against murder, manslaughter, or homicide. When found guilty, punishment involves a jail term, fines, or both.
In this case, the family of the deceased does not receive any settlement but only finds closure in the perpetrator spending time behind bars. Even if a person is deemed innocent in a criminal trial, a civil lawsuit can still be successful. The burden of proof for criminal action is usually higher than in civil matters.
Castro Valley Wrongful Death Lawyer Near Me (832) 449-8230
Who Can File a Wrongful Death Claim in Castro Valley?
In California, only selected persons can pursue a wrongful death lawsuit after the death of a loved one.
The decedent’s spouse, children, parents, and personal representative are eligible to file a claim. Speak with a wrongful death lawyer in Castro Valley if you are unsure about your eligibility.
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Trust Our Castro Valley Wrongful Death Attorneys to Fight for You
If you have lost a loved one in a scenario you believe was caused by someone’s misconduct, you should speak with an attorney as soon as possible.
Time is of the essence in wrongful death claims. To get started, call Lone Star Injury Attorneys today.
Call or text (832) 449-8230 or complete a Free Case Evaluation form