After losing a loved one in a personal injury accident, the last thing on your mind is filing a claim against the at-fault party. While a compassionate Stockton wrongful death lawyer cannot reduce the pain of your tragedy, we can help you get justice and compensation for your devastating loss. A trial-proven Stockton personal injury lawyer at Triumph Law can help you pursue justice for your loved one so you can focus on getting closure.
Common Causes of Wrongful Death in Stockton
If your loved one’s death was caused by another party’s negligence, you may be eligible to file a wrongful death claim in Stockton. There are many ways someone’s carelessness may lead to another person’s death. Common causes of wrongful deaths include the following:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Bicycle accidents
- Bus accidents
- Rideshare accidents
- Dog bites
- Drowning accidents
- Pedestrian accidents
- Slip and fall accidents
- Medical malpractice
There are other ways a wrongful death accident can occur, as well. These are just common causes of death that may involve negligence. If your loved one’s death was caused by someone else’s negligence, contact a wrongful death attorney in Stockton as soon as possible so we can investigate the cause of your loved one’s accident and determine who may be liable.
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(916) 500-0000Parties Who Are Eligible to File a Wrongful Death Claim in Stockton
According to California law under the California Code of Civil Procedure – CCP §377.60, there are certain parties who may file a wrongful death claim. Those individuals may be a relative or other personal representative. Common parties who are often eligible to file a wrongful death claim in Stockton include:
- The decedent’s surviving spouse
- The decedent’s surviving domestic partner
- The decedent’s surviving children
- The decedent’s surviving parents
- The decedent’s surviving legal guardians
- The decedent’s surviving siblings
- The decedent’s personal representative
If you have questions regarding whether you are eligible to file a wrongful death claim for your loved one’s accident, contact a wrongful death attorney in Stockton immediately. We can determine whether you can file a claim for the loss of your loved one. If you are eligible, we can get the claim process started for you.
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How Stockton Wrongful Death Claims Are Handled
The most important step in filing a wrongful death claim is to consult with a wrongful death lawyer in Stockton. Our skilled personal injury advocates at Triumph Law are knowledgeable about how to handle the stages of your claim from start to finish. The steps we may take in your wrongful death case include:
Conducting Interviews
Our Stockton wrongful death team will identify any individuals who may have witnessed your loved one’s accident. We will interview them to establish the circumstances of the accident. We may need them to testify on your behalf at trial.
Obtaining Evidence
We will obtain a copy of the police or accident report. We will also collect physical evidence to support your wrongful death claim, including photos and videos. With the burden of proof being based on a preponderance of the evidence according to the Civil Jury Instructions Resource Center’s Civil Plain English Comparison under BAJI 2.60, this will be one of our top priorities.
Visiting the Scene
Our wrongful death law firm will visit the scene of your loved one’s accident. This will help document important facts to substantiate your claim. We need this compelling evidence to prove liability for your loved one’s death.
Retaining Experts
We will retain experts who specialize in wrongful death cases. These experts often include liability experts, causation experts, and damages experts. These expert witnesses can analyze evidence and offer powerful testimony at trial.
Determining Liability
You can rely on your Stockton wrongful death lawyer to review the evidence of your loved one’s accident to determine what parties may have been responsible. In California, even if your loved one was 99% at fault for their accident, you may still be able to file a wrongful death claim. This is because the state follows pure comparative negligence laws as described by California Civil Code 1714.
Negotiating on Your Behalf
We will negotiate with the insurance companies and opposing attorneys. Our team will also be ready to negotiate with the insurance company after filing your claim. We will do everything possible to reach an agreeable and beneficial settlement.
Preparing for Trial
If we are unable to reach a settlement, we will prepare to take your case to trial. The entire wrongful death claims process can take months to years to resolve. The length of your wrongful death proceedings will vary depending on what it takes to bring your case to resolution.
The process of filing a wrongful death claim in Stockton can be complex and stressful. We can help support and guide you through the process. Contact us as soon as possible, as you only have two years from the date of your loved one’s accident to file a wrongful death claim in California according to the California Code of Civil Procedure – CCP §377.60.
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Damages You Can Recover in a Wrongful Death Claim in Stockton
There is no amount of money you can recover in a wrongful death claim that will lessen your pain after losing your loved one to an accident. However, compensation can ease the financial burden you and your family may be facing after their untimely loss. There is a variety of damages you can recover in a Stockton wrongful death claim, including:
- Economic damages – These damages are your monetary losses that can be calculated. They can include lost future income, medical expenses, funeral costs, and burial expenses.
- Non-economic damages – These damages are your intangible losses that may be difficult to put a value on. They can include pain and suffering, mental distress, loss of companionship, and loss of consortium as described by California Civil Code §1431.2.
- Punitive damages – Punitive damages are rare. However, they can be awarded if the liable party acted intentionally, with malice, or in a grossly negligent manner according to California Civil Code §3294.
The amount of damages recovered in a wrongful death claim varies by case. If you have questions regarding the types of damages you may be eligible to receive, reach out to your wrongful death attorney in Stockton. We can walk you step by step through the recovery process.
Contact a Stockton Wrongful Death Attorney Today
Experiencing the death of your loved one through a tragic accident may be the most devastating event you have experienced. Your experienced wrongful death attorney at Triumph Law will do what it takes to get you and your family compensation for your crushing loss. Our skilled wrongful death law firm has over 20 years of experience and positive results for our clients.
We will work to get you the maximum compensation that can ease the financial burden you are facing after the loss of your loved one. While no amount of money can bring back your loved one, it can help your family begin to recover. Contact us as soon as possible for a confidential consultation to discuss the circumstances of your loved one’s death and to get started on your journey to justice.