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Bay Area Wrongful Death Attorney

No matter the circumstances, death is a painful experience for survivors who anticipated their family member or loved one being with them much longer. If a death occurs because of the negligence of another person or party, the pain holds the potential to be even greater. California lawmakers understand this and therefore allow for wrongful death lawsuits to be filed in these cases. With the experience of a Bay Area wrongful death attorney on your side, you could receive a monetary award or settlement for your loved one’s premature death. 

What is a Wrongful Death Lawsuit?

Under the California Code of Civil Procedure §377.60, a valid wrongful death claim exists when someone dies because of a wrongful act or negligence of an individual or a party. A wrongful death claim is a civil lawsuit that can be filed by Bay Area wrongful death lawyer on behalf of the personal representative of survivors of the deceased person. If the deceased person had lived and could have filed a personal injury case, a wrongful death case is likely warranted.

Like other personal injury cases, the liability of the defendant in the case is expressed in terms of monetary damages. If the lawsuit is successful, the jury will order the defendant to pay a monetary sum to the survivors. 

Criminal Homicide Cases versus Civil Wrongful Death Cases

It is important to note that a wrongful death case is different from a criminal homicide case. The state brings a criminal case against a defendant who, if found guilty in criminal court, could be penalized by prison time, probation, fines, community service, or by other methods. A criminal homicide case and a civil wrongful death case can both be filed in the event of a death. Their cases are separate, and the results are independent, although a guilty verdict in a criminal case may help bring a verdict in favor of the plaintiff in a civil case. The defendant could be found guilty in one case and not guilty in the other. 

What Damages Can a Plaintiff Claim for a Wrongful Death?

Each wrongful death case is unique, but in general, plaintiffs can claim damages similar to those in a personal injury claim plus others. Damages that deal directly with the decedent’s estate include:

  • Funeral and burial expenses
  • Medical and hospital bills for the deceased person’s final illness or injury
  • Lost income, including potential income the deceased person would have been expected to earn in the future 

On the other hand, damages that are typically awarded to the deceased’s family members include:

  • The value of household services the deceased provided
  • Loss of anticipated financial support from the deceased
  • Loss of love, community, attention, affection, moral support, and guidance

To learn more about the specific damages and their amounts that may apply in your case, schedule a consultation with a seasoned Bay Area wrongful death attorney.

Reach Out to a Compassionate Bay Area Wrongful Death Attorney Today

If you believe someone you love lost their life due to the negligence or misconduct of another person or company, now is the time to act. Your rights are limited by time under California laws. One of our qualified wrongful death lawyers can help you pursue your claim. Schedule your consultation today with Bogaards Law Trial Attorneys via phone or use our online contact form.

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