Salinas Wrongful Death Lawyer
Wrongful Death Lawyer in Salinas, California
Losing a family member due to someone else’s negligence or misconduct is an unimaginable tragedy. In the midst of grief, you may also face financial burdens, unanswered questions, and the struggle to find justice. A wrongful death claim allows surviving family members to seek compensation for the economic and emotional losses caused by a loved one’s untimely passing. In California, these cases can arise from incidents such as car accidents, workplace injuries, medical malpractice, or defective products. Understanding your rights is an essential first step toward holding the responsible parties accountable.
If your family has been affected by a wrongful death, pursuing legal action may feel overwhelming. That’s where we can help. At Setareh Law, we are committed to guiding families through the legal complexities of these cases. We recognize the importance of securing justice and obtaining the financial resources needed to move forward. Let us handle the legal aspects so you can focus on healing.
What Is Considered Wrongful Death in California?
Wrongful death occurs when someone dies due to another party’s negligent or intentional actions. California law allows specific family members to file a wrongful death claim to seek damages. These cases are civil lawsuits, meaning they aim to provide compensation rather than impose criminal penalties. The key difference between wrongful death and other personal injury cases is the injured party is no longer able to pursue a claim themselves, so their surviving family members must act on their behalf.
Eligible claimants in California typically include the deceased person’s spouse, domestic partner, children, or, in some cases, other financially dependent relatives such as parents or stepchildren. It is important to note wrongful death claims are separate from any criminal proceedings related to the incident. Even if the responsible party is not charged criminally, they can still be held liable in a civil court.
A successful wrongful death claim must establish four key elements: duty of care, breach of duty, causation, and damages. For instance, if a driver violated traffic laws, causing a fatal accident, they likely breached their duty of care toward other road users. Proving this breach directly caused the death and resulted in damages—both financial and emotional—forms the basis of a wrongful death lawsuit.
Types of Compensation in a Wrongful Death Case
Wrongful death claims can provide financial relief to families struggling with the sudden loss of a loved one. California law allows survivors to recover several types of damages, which are generally divided into economic and non-economic categories. Economic damages compensate for measurable financial losses, while non-economic damages address the emotional impact of the death.
Economic damages include costs such as funeral and burial expenses, medical bills incurred before the death, and the loss of financial support the deceased would have provided. For instance, if the deceased was the primary earner for their family, the survivors can seek compensation for the income they would have contributed over their expected lifetime.
Non-economic damages, on the other hand, cover intangible losses like the loss of companionship, guidance, and emotional support. These damages recognize the impact of wrongful death extends far beyond financial concerns. Courts may consider factors such as the closeness of the relationship and the emotional toll of the loss when calculating non-economic damages.
In rare cases, punitive damages may also be awarded. These damages are intended to punish the responsible party for particularly egregious misconduct, such as drunk driving or gross negligence. While not common in wrongful death cases, punitive damages can serve as a powerful deterrent against similar actions in the future.
Challenges in Proving Wrongful Death
Proving wrongful death requires substantial evidence and a thorough understanding of California laws. Families often face significant challenges in gathering the necessary proof and presenting a compelling case. Unlike criminal trials, where guilt must be proven “beyond a reasonable doubt,” civil cases like wrongful death require a lower standard of proof: “preponderance of the evidence.” This means you must demonstrate that it is more likely than not that the defendant’s actions caused the death.
One major hurdle is establishing causation. The defense may argue that other factors contributed to the death, such as pre-existing medical conditions or the deceased’s own actions. Overcoming these arguments requires detailed evidence, including medical records, accident reports, expert testimony, and witness statements. These elements can help establish a clear link between the defendant’s conduct and the fatal outcome.
Another challenge is calculating the full scope of damages. While economic damages may be straightforward to document, non-economic losses like emotional pain and loss of companionship are harder to quantify. Families may also struggle to estimate the future earnings and benefits the deceased would have provided. Expert witnesses, such as economists or vocational specialists, can play a crucial role in these calculations to ensure fair compensation.
Why Choose Setareh Law for Your Case?
When facing the complexities of a wrongful death case, you need compassionate, knowledgeable, and aggressive representation. At Setareh Law, we are deeply committed to helping families across California achieve justice for their losses. Our team understands the emotional and financial toll these cases can take, and we work tirelessly to build strong cases that hold negligent parties accountable.
We take pride in offering personalized attention to every client. From the initial consultation to the resolution of your case, we will be there to answer your questions, explain your options, and advocate for your interests. Our Salinas wrongful death lawyers have experience in handling wrongful death claims equips us to navigate the unique challenges of each case, ensuring no detail is overlooked. If you are ready to seek justice for your family, contact us today. We work on a contingency fee basis, which means you won’t pay unless we secure compensation for you. Call us at (310) 659-1826 or reach out through our contact form to schedule a free consultation.
