Modesto Wrongful Death Lawyer

It is always tragic to lose a loved one before their time. When your family member dies because of the actions of another person, you deserve answers. You have a right to be angry and to pursue legal action to hold the liable party accountable. 

While it can never take the place of what you’ve lost, you and your family deserve recompense for the hardships you’ve been forced to endure. A Modesto wrongful death lawyer can help you understand your rights and get the financial compensation you deserve.

At J&Y Law, we focus on you. Our Modesto personal injury lawyers have recovered tens of millions of dollars for injured accident victims and their families. Contact us today to schedule a free consultation and find out how we can help. 

What Is a Wrongful Death?

In California, a wrongful death is a death that occurs due to the wrongful act or neglect of another person. To prove wrongful death, you must show:

• The at-fault party had a duty of care to the deceased
• They breached that duty of care
• That breach of duty of care caused the death of your loved one
• You suffered damages due to the death of your loved one

The process of proving a wrongful death claim is not dissimilar to showing liability in other personal injury cases. In fact, many personal injury cases can become wrongful death cases if the victim passes away due to their injuries.

Common Causes of Wrongful Death

Some of the most common causes of wrongful death our Modesto wrongful death attorneys deal with include:

• Car accidents
• Truck accidents
• Slip and falls
• Pedestrian accidents
• Defective products
• Motorcycle accidents

When a violent act such as assault and battery causes death, the attacker should face criminal charges and punishment for their actions. However, you can also file a wrongful death case in criminal court and attempt to recover damages. Your attorney can explain your options.

Do You Need a Lawyer for a Wrongful Death Claim?

Handling complex legal issues on your own is not an easy task, especially when you are grieving after the unexpected loss of a loved one. A wrongful death lawyer in Modesto can help keep your claim on track and prevent you from making mistakes that can hurt your case. 

Some of the most important reasons to hire a personal injury lawyer for a wrongful death case include:

Personalized Legal Advice

We can manage paperwork and forms and ensure that you meet important deadlines. We know the law, and we can explain your rights and what to expect as your case moves forward. Our attorneys can give you the peace of mind of knowing your claim is in good hands. 

Professional Investigation 

We will investigate the circumstances of your loved one’s death and the accident and injury that led to it. The goal is to identify all liable parties so we can put together a strategy for your case and get you and your family the compensation you deserve. 

Proving Causation

Another goal of our investigation is to establish the link between the actions of the liable party and the death of your loved one. This is a key element in proving a wrongful death case. We’ll review accident reports, medical documents, and other evidence that helps show causation. 

Damage Assessment

We’ll review your economic and non–economic damages and arrive at a fair number that fully represents your losses. Insurance companies may try to settle your case for less than you deserve, but we will fight for fair compensation. 

Insurance Company Negotiations

We know how insurance companies operate and the tactics they’ll try to use to avoid paying a claim. We will hold them accountable and negotiate for the money you need. If they still won’t budge, we’ll file a civil suit on your behalf and see them in court. 

Who Can File a Wrongful Death Claim in Modesto?

In California, only specific family members are entitled to file wrongful death lawsuits. This includes:

• The surviving spouse of the deceased
• If there is no surviving spouse, the decedent’s children may bring a wrongful death suit
• If the deceased’s children are no longer living, grandchildren may file a claimants
• If the deceased was not married and had no children, their parents may file a lawsuit
• Parents may also bring a claim if they can show they were financially dependent on the deceased
• If the decedent has none of the above-listed surviving family members, other heirs, such as siblings, may be entitled to file a civil suit
• The personal representative or executor of the estate

One of the top reasons to hire an attorney is to get help unraveling the legalities of who can file a wrongful death case and how, as well as who is entitled to benefit from the claim

Statute of Limitations for Wrongful Death in California

The statute of limitations for wrongful death claims is two years from the time of death. However, there can be exceptions to this. For cases against the government, the statute of limitations is truncated to six months after death.

The Discovery Rule may also apply. In situations where the family later becomes aware that another person’s actions caused the death of their loved one, the statute of limitations begins on the date of their discovery. 

Get Help From a Modesto Wrongful Death Attorney

Losing a loved one is something we all must learn to endure at one time or another. However, when it happens because of the reckless or negligent acts of another person, it is unacceptable. 

While nothing will ever take the place of the loved one you’ve lost, we believe we can make a difference in a small way. Our Modesto wrongful death attorneys can help you hold the responsible party liable for the damage they’ve caused. 

Our Team at J&Y Law has advocated for victims and their families since 2010. Contact us today to schedule a free consultation.