What Kinds of Accidents Qualify for CA Wrongful Death Claims?

 Posted on September 25, 2024 in Car Accidents

Accidents happen daily throughout California, often causing injuries. You probably know you may be entitled to compensation through a personal injury claim if someone else’s negligence injures you. What if an accident claims the life of your loved one? Do you have any way to hold the responsible party accountable?

You may qualify to pursue a settlement by filing a wrongful death action. How do you know if you are eligible? How much will your settlement be? Call Law Office of John J. Garvey, III now so our experienced lawyer can answer those questions.

Which Accidents Can Lead to Wrongful Death?

If someone’s negligence is directly responsible for the fatal accident that took your loved one, you may be able to collect a settlement. Common accidents that might qualify include:

• Car, truck, and motorcycle accidents

• Construction site accidents

• Workplace accidents

• Animal attacks

In some cases, the victim dies immediately after the accident due to overwhelming injuries, which might include brain damage, spinal cord injuries, internal organ damage, and others. Sometimes, the victim may fight through medical treatments and significant pain, only to eventually lose their life. In either situation, eligible survivors who have evidence of another party’s negligence may qualify to file a wrongful death claim.

Does Your Case Qualify for a Wrongful Death Settlement?

Personal injury and wrongful death cases result from negligence, meaning a failure to behave like other people would under the same circumstances to reduce the risk of harming others. You must establish negligence by proving that:

• Someone owed you a duty of care.

• That party failed to provide the duty of care.

• The failure directly caused your loved one’s injuries.

• You and your loved one suffered loss because of those injuries.

Multiple parties may share liability for causing fatal wounds, and you may be able to obtain compensation from each at-fault party. To do so, you must be an eligible survivor, who is typically an immediate family member who depended on the deceased for support, both financially and otherwise.

The best way to find out if you are an eligible survivor and if your case qualifies is by calling Law Office of John J. Garvey, III to discuss your situation.

What Might Be Included in a Wrongful Death Settlement?

The amount you might receive depends on case-specific factors, but you may receive reimbursement or compensation both for the deceased and the ways the death affects your life. Eligible losses can include the loss of care, love, comfort, society, support, and guidance.

At Law Office of John J. Garvey, III, we have 45 years of experience helping people get the highest amounts of available compensation. We will painstakingly calculate your damages to ensure that we account for every dollar.

Call Our San Jose, CA Wrongful Death Lawyer

At Law Office of John J. Garvey, III, we know that no amount of money can take your loved one’s place, but we will fight to hold the at-fault parties accountable for your loss. Call us at 408-293-7777 for your free consultation with our diligent South Bay Area, CA personal injury attorney.