If one party’s negligent or illegal actions harm another person, the victim has the right to demand compensation for their damages through a personal injury claim. Unfortunately, some personal injuries are fatal, typically leaving the surviving family of the deceased wondering how they can recover from the tragic death of their loved one. If your family recently experienced the death of a relative because of the negligence or intentional misconduct of another party, a Modesto wrongful death attorney is an essential resource to consult to determine your best options for legal recourse.
Anguiano Law is an experienced team of attorneys who have helped many past clients in Modesto and surrounding communities through challenging wrongful death claims. We know how hard it is to lose a loved one unexpectedly, especially when the tragedy that caused their death was the result of another party’s actions. Our goal in every wrongful death claim we accept is to help our client navigate their civil claim process as efficiently as possible and ensure accountability for the defendant and the damage they have caused.
A wrongful death claim shares some procedural similarities with a personal injury claim, but state law enforces several statutes that pertain specifically to wrongful death. For example, state law uses intestate succession law to determine eligibility to file a wrongful death claim. The surviving spouse of the deceased victim is first in line for the right to file a wrongful death suit, followed by surviving grown children and other close relatives. If the deceased had an estate plan, the personal representative they’ve chosen for estate administration could file the wrongful death claim if no close family is able or willing to do so.
Wrongful death claims also pertain to different damages than personal injury claims. A personal injury action seeks compensation for the victim’s damages, but a wrongful death claim is a pursuit of compensation for the family of the victim. While the average person may be able to calculate some of the economic fallout from the untimely death of their loved one, they are likely to struggle to accurately assess the full range of economic damages they can seek from the defendant and the emotional distress from the situation will make assessing these variables even more challenging.
The family of the victim has two years from the date the death occurred to file their wrongful death suit, and while this may seem like more than enough time, it is always best to start this type of case as soon as possible after the death in question. Compiling a strong wrongful death claim is much easier when physical evidence and witness recollection are as fresh and reliable as possible. When you choose Anguiano Law to represent your wrongful death claim, we will do everything we can to help you navigate your claim proceedings efficiently and hold the defendant accountable for as much compensation as state law allows.
Your Modesto wrongful death attorney will be crucial for proving fault for the death of your loved one, and once you have firmly established liability for the wrongful death, they will help you demonstrate the full scope of the losses they caused your family. A wrongful death plaintiff has the right to claim funeral and burial costs as well as all other economic damages resulting from the death. These are likely to include lost income and financial support, lost value of household services, and any lost value on assets and investments held by the defendant that the death has negatively impacted.
The family of the deceased also has the right to claim compensation for their lost affection, care, guidance, moral support, and companionship provided by the deceased victim. The spouse of the deceased can claim loss of affection and consortium as well. When the victim leaves behind young children, this will weigh heavily in the case and is likely to generate additional compensation for the family. Similar to the way the right to file a wrongful death suit follows the law of intestate succession, the distribution of the case award obtained at the conclusion of the wrongful death suit will also follow this law, and the deceased’s beneficiaries will divide the proceeds of the case award accordingly.
It’s possible for many types of incidents that usually cause personal injuries in Modesto to result in fatal injuries. A few of the most commonly cited causes of wrongful deaths include:
These are only a few examples of how wrongful death cases can arise in Modesto, and no matter what your unique situation entails, you likely have the right to file a wrongful death claim if you know another party directly caused the death through negligence or intentional misconduct.
The sooner you secure legal representation from a trustworthy attorney, the more likely you are to succeed with your wrongful death claim and hold the defendant accountable for the loss of your loved one and the financial damage their death has caused. Money can’t replace your lost relative, but a suitable case award can make your family’s adjustment to your new circumstances easier and provide peace of mind by ensuring the defendant faces accountability for their actions.
Contact Anguiano Law today if you are ready to discuss your case with a Modesto wrongful death attorney.