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San Jose Wrongful Death Attorney

When someone else’s negligence ends with the victim being killed, such as in a deadly traffic accident, he or she obviously cannot recover for the losses endured. The law’s response to this is a wrongful death claim that is brought on behalf of the decedent (the accident victim who lost his or her life) for the associated losses endured by his or her survivors. Wrongful death claims are as complicated as they are emotionally fraught. Further, while no amount of compensation can ever put the loss of your loved one right, obtaining just compensation can help your family move forward in the healing process. 

The Deadly Accident

While no two wrongful death claims ever look exactly the same, there are some categories of dangerous accidents that are most commonly associated with these claims, including:

  • Traffic accidents of every kind
  • Slip and falls (especially from heights) on poorly maintained premises
  • Accidents on the job (construction and manufacturing are very closely linked)
  • Accidents caused by defective consumer products

Wrongful death claims generally hinge on someone else’s negligence causing the deadly accident.  

Eligibility to Bring a Wrongful Death Claim in California

In California, the following survivors can bring a wrongful death claim as a result of losing their loved one to someone else’s negligence:

  • The decedent’s spouse or domestic partner
  • The decedent’s surviving children
  • Anyone who was financially dependent upon the decedent, such as a stepchild or a stepparent

Certain other family members, such as parents and/or siblings, may also qualify to file a wrongful death claim. 

The Basic Elements of Your Wrongful Death Case

To bring a successful wrongful death claim, the following elements must be present:

  • Someone else’s action was the direct cause of your loved one’s death, which is known as causation.
  • The action in question amounts to either negligence or a willful act that left your loved one dead.
  • You suffered a loss as a result of your loved one’s death. 

Wrongful Death and Compensation

The basic categories of compensation that apply to wrongful death claims include the following:

  • Lost financial support (including financial support into the future – based on the decedent’s projected earnings)
  • Lost household services (including house repairs, yard work, housework, childcare, and more)
  • Loss of the decedent’s love and community (or the companionship you shared)

Calculating the loss of love and companionship is obviously a subjective and painful task, but this does not make it any less important than the other losses you have endured. 

A Dedicated San Jose Wrongful Death Attorney Can Help

Wrongful death claims are some of the most difficult, most painful – and most important – of all personal injury claims. The compassionate San Jose wrongful death attorneys at Bogaards Law have the skill, dedication, and experience to help guide your claim toward a just resolution that supports your rights and allows you to continue on the path toward healing. We care about you and your case, so please don’t hesitate to contact us for a free consultation today.

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