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Wrongful Death FAQs

Looking to File a Wrongful Death Lawsuit?

A San Jose Wrongful Death Lawyer Is Here to Answer Your Questions

There is nothing worse than losing a loved one after an accident. If you are suffering after the sudden loss of a family member, then a San Jose wrongful death lawyer can potentially help you file a wrongful death claim. Here are the ten most commonly asked questions about wrongful death and finding justice for your loved one:

What Constitutes Wrongful Death?

Wrongful death is any death caused by a negligent, reckless or intentionally harmful third party. Some common causes of wrongful death include automobile accidents and accidents involving defective products.

Who Can I Hold Responsible?

Many different people can be held responsible for wrongful death, including a negligent stranger, a physician, a public organization, a school district, a business owner, a manufacturer or a criminal. It all depends on who you believe caused the death of your loved one.

What Is Negligence?

In some wrongful death cases, you may need to prove negligence in court. In these situations, you will need to show three things:

  • The defendant owed your loved one a duty of care. 
  • The Defendant violated that duty of care. 
  • The violation led directly to the death of your loved one.

What Documentation Do I Need?

There are a variety of documents that could help in a wrongful death lawsuit, including medical bills, police reports, personal diaries and photographs. An attorney can help you determine what you should start collecting in order to improve the strength of your claim.

Who Can File a Wrongful Death Lawsuit?

A wrongful death lawsuit is typically filed by a representative of the victim’s estate. It may also be filed by a group of family members, including children, parents, siblings, cousins or grandparents.

What Is a Personal Injury Lawsuit?

Personal injury lawsuits aim to hold defendants accountable for actions that injured the plaintiff. A wrongful death lawsuit is a type of personal injury lawsuit where the victim failed to survive the accident due to the negligence of another party.

How Long Do I Have to File a Claim?

In California, there are a number of circumstances that could potentially affect the statute of limitations for your wrongful death claim. It is important to confer with an attorney and receive the correct information about filing deadlines for your specific claim.

What Kind of Compensation Might Be Awarded?

If your lawsuit is successful, then you may be awarded several types of compensation, including loss of income, loss of consortium, pain and suffering and medical expenses.

How Much Compensation Should I Expect to Win?

In a wrongful death lawsuit, the amount of compensation is typically higher than that of a normal personal injury lawsuit. Still, it can vary greatly depending on the facts of the case — ranging from thousands of dollars to hundreds of thousands.

When Should I Contact a Wrongful Death Attorney in San Jose?

If you have any intention of holding a third party responsible for the death of a loved one, then you should immediately contact a wrongful death lawyer near you. 

Contact an Experienced San Jose Wrongful Death Lawyer

Have you lost a loved one due to the negligence or recklessness of a third party? The time has come to fight for the compensation you deserve. Contact an experienced San Jose wrongful death lawyer at the Law Offices of Braid Pezzaglia by calling (408) 650-8955 or filling out our online contact form

Additional Reading:

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