Pleasanton Wrongful Death Attorney
Pleasanton is a small city in Northern California benefiting from everything the San Francisco Bay has to offer, while also retaining a bit of a small-town feel. In recent years, it has been voted one of the best cities to live in or a top hometown spot. On some days, it can feel idyllic, offering everything residents could possibly need. However, no city is immune to accidents and their traumatic consequences. Myriad types of accidents occur in Pleasanton, as they do anywhere else, and they can lead to unnecessary fatalities. From car accidents to slip and falls, accidents that are caused by an individual or business’s carelessness, recklessness, or intentional misconduct and result in another person’s death may lead to a wrongful death claim. If you lost a loved one in an accident and you believe it was someone else’s fault, do not hesitate to reach out to a Pleasanton wrongful death attorney at Willoughby Brod, LLP. We will thoroughly review your situation to determine your and your family’s legal rights and options.Wrongful Death Law
Not everyone can file a wrongful death claim. Under California law, only certain people may bring this type of claim or benefit from any compensation obtained through it. Based on California Code of Civil Procedure §377.60, a surviving spouse, domestic partner, child, or grandchild of a deceased child can bring a wrongful death suit. Additionally, a putative spouse from a void or voidable marriage, who in good faith believed they were married to the decedent, can also file a claim as well as their children.
This law leaves out a number of individuals who may have been emotionally and financially close to the decedent. Siblings, cousins, girlfriends, boyfriends, and fiancés are not typically allowed to bring wrongful death claims or receive compensation from the resulting settlement or jury award.
If you are unsure of your right to file a wrongful death claim in California, contact a wrongful death attorney in Pleasanton to discuss your options. At Willoughby Brod, LLP, we understand not every situation is clear cut. We will review all of the facts and explain your options under the existing law.Wrongful Death Compensation
Through a wrongful death lawsuit, the surviving family members can pursue compensation for:
- Medical expenses
- Funeral and burial expenses
- Loss of the decedent’s future earnings
- Loss of the decedent’s benefits, including health insurance
- Loss of household services
- Loss of companionship
- Loss of protection, care, society, assistance, and moral support
- Loss of enjoyment of sexual relations
All of these are known as compensable damages. They are intended to compensate you for your emotional and financial injuries, making you as whole as is possible through a monetary amount. However, you may also have the right to ask for punitive damages. This type of damage is not intended to compensate you, but instead is meant to punish the wrongdoer and prevent them from behaving in a similar way in the future. Punitive damages are typically allowed for a death that results from behavior worse than negligence, such as gross negligence or intentional misconduct.
For more information on compensable and punitive damages in a wrongful death claim, call a Pleasanton wrongful death lawyer right away.How a Wrongful Death Lawyer Can Help
There are many ways an experienced attorney can help you after losing a loved one in a tragic accident. First, a lawyer will help you determine if you or someone else in your family has the right to file a wrongful death claim, and if so, whether this type of claim would benefit your family. There are many factors that go into deciding to file a lawsuit, and Willoughby Brod, LLP can assist you in deciding whether this is the right path for you.
Another way a lawyer can help is in determining the potential value of your family’s claim. Some compensable damages can be easily calculated based on your bills and paperwork, like your loved one’s medical bills and the cost of how they were laid to rest. However, many other compensable damages are not specific. They require some type of formula to translate them from an emotional injury to a monetary value. At Willoughby Brod, LLP, we can discuss with you the various factors that go into valuing these types of damages and the methods most appropriate for your family’s situation.
Lastly, an experienced attorney can help you face off against insurance companies and businesses, fighting for your right to compensation for your loss even when you are up against much bigger and powerful opponents.
For more information on how a wrongful death lawyer representing Pleasanton residents, contact Willoughby Brod, LLP at (800) 427-7020 to schedule a free case evaluation.