Salinas Wrongful Death Attorney
Wrongful Death Lawyer in Salinas, California
When a family member dies due to someone else’s negligence or wrongful act, the devastating loss extends far beyond emotional grief. The sudden death of a family member in Salinas can leave families struggling to understand their rights while dealing with mounting medical bills, funeral expenses, and lost income that the deceased would have provided for years to come.
At Setareh Law, our wrongful death lawyers understand the profound impact these tragic circumstances have on families throughout Salinas and the surrounding areas. With over 60 years of combined experience and more than $250 million recovered for our clients, we provide compassionate legal representation while aggressively pursuing the compensation your family deserves during this difficult time.
What Constitutes Wrongful Death Under California Law?
California law defines wrongful death as a fatality caused by the wrongful act or negligence of another person or entity. The death must result from conduct that would have entitled the deceased to pursue a personal injury lawsuit had they survived.
Everyday situations leading to wrongful death claims in Salinas include:
- Motor vehicle accidents
- Medical negligence
- Defective products
- Workplace incidents
- Premises liability cases
The key element in any wrongful death case is establishing that the defendant’s actions or failure to act directly caused the death. That requires proving negligence, intentional misconduct, or strict liability.
Who Has the Right to File a Wrongful Death Lawsuit in Salinas?
California law strictly limits who can bring a wrongful death claim to protect both the family’s interests and prevent multiple lawsuits arising from the same death. The California Code of Civil Procedure establishes a clear hierarchy for determining who is an eligible plaintiff in wrongful death cases.
The following individuals have the legal standing to file a wrongful death lawsuit:
- Surviving spouses or domestic partners of the deceased
- Children of the deceased, including adopted children
- Parents of unmarried deceased individuals without children
- Other dependents who can prove financial reliance on the deceased
If none of these primary beneficiaries exist, other family members such as siblings, grandparents, or extended family may have standing to file a claim under specific circumstances.
What Types of Damages Can Families Recover in a Wrongful Death Lawsuit?
Wrongful death damages in California fall into two main categories: economic and non-economic losses. Economic damages compensate for the financial support the deceased would have provided, including lost wages, benefits, and services. These calculations take into account the deceased’s age, health, earning capacity, and expected working years.
Non-economic damages address the intangible losses that families experience. These include loss of companionship, guidance, protection, and the emotional support the deceased provided. California allows recovery for the loss of consortium, which encompasses the intimate relationship between spouses, and the guidance and nurturing that children lose when a parent dies.
Factors That Influence Wrongful Death Settlements in Salinas
Several key factors determine the value of wrongful death compensation in Salinas cases. Courts consider the deceased’s age, health, earning capacity, and life expectancy when calculating potential damages.
The strength of family relationships also impacts non-economic damages. Relationships between spouses, parents and children, and other close family members are evaluated based on their emotional closeness and the guidance the deceased provided. The degree of negligence involved in causing the death can also influence the final compensation amount.
How Much Time Do You Have to File a Wrongful Death Claim in Salinas, CA?
The statute of limitations for wrongful death claims in California is typically two years from the date of death. However, certain circumstances can extend or shorten this timeframe. When government entities are involved, families may have as little as six months to file a claim, making immediate legal action crucial.
Some exceptions can extend the two-year deadline. If the death resulted from a criminal act and the perpetrator fled prosecution, the statute of limitations may be tolled until they return. Additionally, if new evidence emerges that wasn’t reasonably discoverable at the time of death, the discovery rule may apply to extend the filing deadline.
Why Choose Our Salinas Wrongful Death Lawyers at Setareh Law?
Our team of Salinas wrongful death attorneys brings decades of experience handling complex wrongful death cases throughout Monterey County. We understand the unique challenges families face when dealing with insurance companies, corporate defendants, and government agencies that often attempt to minimize their liability and reduce compensation.
We handle every case on a contingency fee basis, meaning you pay no attorney fees unless we secure compensation for your family. Our firm’s track record speaks for itself, with over 400 five-star reviews from satisfied clients and a commitment to providing personalized attention to every case we accept.
Schedule a Free Consultation With Experienced Wrongful Death Lawyers
Losing a family member due to someone else’s negligence creates overwhelming challenges that no family should face alone. At Setareh Law, our Salinas personal injury lawyers understand the legal and financial issues that arise following a tragic loss, and we’re committed to holding responsible parties accountable while securing the maximum compensation available under California law.
Don’t let insurance companies or corporate defendants take advantage of your grief and confusion during this vulnerable time. Contact our compassionate legal team today to discuss your case and learn about your family’s rights and options. Call one of our Salinas wrongful death attorneys at (310) 659-1826 or complete our contact form to begin protecting your family’s future.
