San Mateo Wrongful Death Lawyer

If you’ve lost a loved one to someone else’s negligence, you may have a wrongful death claim. Wrongful death claims can be based on negligence, such as a negligent driver in a fatal car crash. If you’ve lost a loved one as a result of someone else’s negligence, you need an experienced San Mateo wrongful death lawyer on your side. 

Wrongful Death Claims

A wrongful death claim is a civil claim that can spring from any number of causes, including car accidents, medical malpractice, work accidents, exposure to dangerous toxins on the job, criminal activity, and more. Regardless of the underlying cause, however, several elements must be present in order to successfully bring a wrongful death claim:

  • Someone died.
  • The death is the direct result of another person’s negligence or his or her intention to do harm (although the intention need not have necessarily been murder).
  • Surviving family members suffered monetary damages as a result of the death.

Because a wrongful death claim is a civil claim, the burden of proof is set at a preponderance of the evidence, which is a lower standard than the level set for criminal cases – beyond a reasonable doubt. 

Filing a Wrongful Death Claim

The state of California allows the following relatives of the deceased the right to bring a wrongful death claim:

  • The spouse of the deceased
  • The domestic partner of the deceased
  • The children of the deceased
  • The grandchildren of the deceased – but only if the deceased person’s children are no longer alive
  • Any other minor children who were dependent upon the deceased for at least half of their financial support, which can include stepchildren. 
  • Anyone else who – under California’s law of intestate succession – is entitled to the deceased’s property

Damages Available

In a wrongful death claim – which generally must be brought within two years of the death in question – a variety of damages can be sought, including:

  • The deceased’s medical bills that were acquired as a result of the accident and that accrued between the time of the accident and death
  • The costs associated with the deceased’s funeral and burial
  • The amount of money that the deceased could have reasonably expected to earn over the course of his or her career (had he or she lived)
  • The loss of financial support experienced by family members as a result of the death
  • The loss of companionship, affection, and more experienced by the family members as a result of the death

If You’ve Lost a Loved One to Someone Else’s Negligence, Consult with an Experienced San Mateo Wrongful Death Lawyer Today

Losing a loved one to someone else’s negligence is exceedingly difficult, but the dedicated wrongful death lawyers at Bogaards Law in San Mateo are committed to helping you recover on the full scope of your losses. While nothing can bring your loved one back, adequate compensation can help you and your family move forward in the recovery process. Our experienced legal team is here to help, so please don’t hesitate to contact us for a free consultation today. 

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