San Francisco Wrongful Death Lawyer
Taking legal action can be difficult to do when you are mourning the loss of a loved one. If you have recently lost a family member in an accident caused by another person’s negligence, our compassionate San Francisco wrongful death lawyers are here to become an advocate for your family.
Our experienced personal injury attorneys can handle the legal process and provide you with support and direction during this difficult process. This way, you and your family can have space and time to grieve your loss, while resting assured that legal action is zealously being pursued on your behalf.
What is a Wrongful Death?
Wrongful death is a statutory cause of action in personal injury law that allows surviving family members to pursue compensation for the premature death of their loved one. However, not all fatalities may allow for a viable claim. California Civil Code §377.60 defines wrongful death as one that was caused by the “wrongful act or neglect” of another.
The elements to be proven in a wrongful death action are:
- A tort (negligence or other wrongful act)
- Resulting death (causation)
- Losses (damages) suffered by the heirs.
When the tort is based on negligence, the plaintiff must prove the defendant had a duty and that this duty was breached.
Who May File a Wrongful Death Claim?
Under a wrongful death cause of action, specified heirs of the decedent are entitled to recover damages on their own behalf for the loss they have sustained as a result of the decedent’s death. Cal. Civ. Code §337.60 designates who may bring a claim on behalf of the deceased—i.e. who the “specified heirs” are.
Generally, a surviving spouse, domestic partner, or child of the deceased may have the right to sue. Our San Francisco lawyers have decades of experience in wrongful death matters and can help identify who may file a claim depending on the situation.
Recoverable Damages
Compensation for wrongful death lawsuits may be similar to those awarded in other types of civil cases. Generally, wrongful death actions seek to recover damages pertinent to the deceased’s untimely passing.
For example, plaintiffs may seek compensation for the loss of anticipated financial support that plaintiffs would have reasonably expected to receive from the decedent, had the decedent lived. Typically, future income/wages that the deceased would have reasonably earned if they survived are taken into account. Damages in wrongful death actions may also include medical expenses from the decedent’s fatal injury or illness, as well as funeral and burial costs.
Plaintiffs may also seek losses that they personally suffered as a result of their loved one’s death. These damages may include loss of guidance, loss of companionship, and loss of value of the deceased’s household services.
How a San Francisco Wrongful Death Attorney Could Help
The process for filing a claim can be overwhelming when you are trying to mourn the loss of your loved one. Our San Francisco wrongful death lawyers can make the process of seeking legal recovery less stressful by providing their guidance and support. The attorneys at Mary Alexander & Associates can pursue your case and will keep you informed every step of the way. To get started on your claim, call today.
