Wrongful Death Attorney in Mountain View, CA
Losing a loved one is always tragic but can be even more devastating when the loss is the result of another party’s negligence. Seeking justice for your loved one can help bring peace to the entire family after such a difficult loss. At the Law Offices of Brian J. O’Grady, we understand that taking legal action may not be at the forefront of your concerns immediately upon the death of your family member. We will focus on your wrongful death claim while you focus on what really matters. To learn more about whether you may have a wrongful death claim in California, contact the Law Offices of Brian J. O’Grady today.
What is wrongful death?
In the state of California, when an individual is killed due to the negligence of another party or entity, it is considered a wrongful death. Unlike a homicide, which is a criminal matter, wrongful death is considered a civil matter. Even if you are already involved in bringing a criminal claim against the responsible party, you are also permitted to bring a wrongful death claim. A wrongful death claim can help you recover compensation, known as damages, for the financial and emotional burdens caused by the loss. These recoverable damages include the following:
- Funeral expenses
- Any final medical or hospital bills that the deceased party incurred prior to their passing
- Lost income and future income of the deceased party
- The value of household services provided by the deceased individual
- Loss of love, community, guidance, affection, moral support, and more
- Loss of anticipated financial support
Who is permitted to file a wrongful death claim in California?
It is important to be aware that in the state of California, only certain family members are may bring a wrongful death claim. According to California Code of Civil Procedure section 337.60, only the following relatives are permitted to bring a wrongful death claim:
- A surviving spouse
- A surviving domestic partner
- Any surviving children
- A “putative spouse” and their children that can prove they were financially dependent on the deceased party
- A stepchild that was financially dependent on the deceased party
- Financially dependent parens of the deceased party
How long do I have to file a wrongful death claim?
In the state of California, wrongful death claims must be filed no later than 2 years after the date of the decedent’s death. If you fail to meet this statute of limitations, you will not be permitted to take legal action and will effectively lose the opportunity to recover financial compensation in this manner.
Contact a Santa Clara County Wrongful Death Attorney
If you have lost a loved one due to the negligence of another party, the Law Offices of Brian J. O’Grady is so very sorry for your loss. We know that we can’t bring your loved one back to you, but we can make sure that the negligent parties who caused your family member’s wrongful death are held liable and forced to take responsibility for their careless behavior. If you have lost a loved one as a result of someone else’s negligence, please contact the Law Offices of Brian J. O’Grady today to discuss your situation.
