Wrongful Death Attorney in Tracy

Wrongful death is a case in which an individual’s death is the direct cause of a variety of circumstances including negligence, unsafe environments, and wrongful actions. Pursue justice for the sake of your lost loved one by hiring our team at Bakerink, McCusker and Belden Law. Here, you are our priority. We devote our time to the investigation and evaluation of your case—helping you to determine the facts and sort out the evidence in order to know the best legal course of action you can pursue.

The trauma of losing someone you love can be compounded if you know that it was avoidable. If you have lost a loved one to someone else’s negligence, it’s essential that you contact a qualified attorney in Tracy. The experienced team of attorneys at Bakerink, McCusker and Belden Law can offer you the legal advice and capable representation you deserve for your wrongful death case. We are passionate about providing our clients with the best legal services possible. Call our law firm today for a no-cost, no-obligation case evaluation of your case.

In the state of California, wrongful death is defined as any death that results because of the negligence or wrongful actions of another party, whether an individual or an entity. It should not be confused with homicide, which is a criminal suit that can only be brought by the state. Wrongful death is a civil lawsuit that can be brought even if the defendant is already facing a criminal lawsuit. However, a wrongful death suit must be filed within two years of the person’s death.

• Auto accidents
• Work accidents
• Construction accidents
• Violence
• Product defects

Only certain people are eligible to file wrongful death lawsuits. Under California law, the following parties are entitled to bring wrongful death charges against the responsible party:

• The spouse and children of the deceased person.
• The domestic partner of the deceased person.
• The parents, grandparents, siblings, or children of the deceased person.
• Any individuals who were financially dependent on the deceased person.

If the defendant in a wrongful death suit is found guilty, the court will require the defendant to pay financial compensation to the claimants. The claimants may be compensated for funeral and burial expenses, medical bills for the decedent, lost income, lost financial support, and other financial losses. Monetary compensation may also be awarded for loss of love, support, and companionship.

If there are multiple plaintiffs involved in a suit, the jury will award the compensation to all of them as a group. It will be up to the claimants to decide how they will divide the compensation between them. If the claimants cannot agree on proper division of the financial award, it may be necessary to go to court again to settle the matter. In order to prevent this issue from arising, it is best to settle the question of division of compensation as early as possible in the process.

As the descendant or heir of the deceased, you may be entitled to a number of compensation options, depending on the circumstances of your case. Speak with our Tracy, Manteca, Livermore & greater Central Valley lawyers so you can take the appropriate course of action. Call 209-624-7129 to schedule a consultation.

What if the Deceased Was Partially at Fault?

Partial fault will not automatically prevent your family from pursuing compensation. However, the amount recovered may be reduced according to the percentage of responsibility assigned to your loved one. A wrongful death claims attorney can review the evidence and respond to allegations of comparative fault.

Who Can Be Held Liable in a Wrongful Death Case?

Any person or business whose negligence contributed to your loved one’s death may be held liable. Depending on the circumstances, a wrongful death lawsuit could name a negligent driver, employer, property owner, product manufacturer, healthcare provider, or another responsible party.

What Damages Can Be Recovered in a Wrongful Death Claim?

Compensation may account for funeral and burial expenses, lost income, lost financial support, and other financial losses. Eligible family members may also recover damages for the loss of their loved one’s companionship, care, and support.

How Long Does a Wrongful Death Case Take to Resolve?

The time required to resolve a wrongful death case will depend on the available evidence, the number of responsible parties, and whether liability or compensation is disputed. Our wrongful death law firm can evaluate the circumstances and explain what may affect your case’s timeline.

Can Wrongful Death Claims Arise From Medical Malpractice?

Yes. A wrongful death claim may arise when a healthcare provider’s negligence causes a patient’s death. Because medical malpractice cases may follow different filing requirements, you should contact a wrongful death attorney promptly to discuss your family’s legal options.