Losing a loved one due to someone else’s negligence can be devastating. A Modesto wrongful death lawyer could help you understand your legal rights in accordance with state law and seek justice for your family. At Curtis Legal Group, we know money can never replace a life. However, pursuing a claim could help ease financial stress and hold the negligent parties accountable.
Working with an experienced personal injury attorney who can handle negotiations with insurance companies on your behalf could allow you to focus on healing emotionally. Contact our experienced legal team and let us provide you with compassionate representation through every step of your case.
Eligibility To File a Wrongful Death Claim
In the event of a loved one’s wrongful death, California Code of Civil Procedure § 377.60 allows certain surviving family members to pursue damages. Family members who may be eligible to make a claim include:
- Surviving spouses or domestic partners
- Children
- Grandchildren, if the children are deceased
- Other dependents, such as stepchildren or parents
If there are no surviving family members, others who would inherit under California’s intestate succession laws could also be eligible. A wrongful death attorney could provide clarification and help you understand who is eligible to file a claim in Modesto.
Types of Recoverable Damages
California law permits eligible claimants to pursue both economic and non-economic damages. Economic damages focus on the financial impact of the loss. This may include loss of future income, funeral expenses, and the value of household services the deceased provided, such as childcare or home maintenance.
Non-economic damages account for the emotional toll of losing the deceased. You may be able to claim monetary compensation for the loss of love, companionship, and guidance. While these damages may be more difficult to quantify, they reflect the emotional trauma suffered by family members after a loved one’s unexpected death. Our legal team could help you seek both economic and non-economic damages to aid in your recovery.
Typically, California does not cap wrongful death cases. However, there are exceptions, such as in medical malpractice cases, where there are limits on non-economic recovery. Additionally, your case may have multiple defendants, each responsible for different damages, which could complicate the recovery process. An experienced Modesto attorney could help you navigate every step of your fatal injury claim.
How Long Do You Have to File a Wrongful Death Claim?
In most cases, eligible family members have two years from the deceased’s death to enter a wrongful death lawsuit. However, if a government entity was responsible for your loved one’s death—for instance, in a fatal crash involving a city-owned vehicle—the deadline for filing a claim is six months. Failure to file a lawsuit within the deadline could prevent you from recovering compensation. A skilled attorney could help you file your Modesto wrongful death claim within the correct timeframe to preserve your rights.
Call a Modesto Attorney for Help Filing a Wrongful Death Claim
If you have lost a loved one due to negligence, a Modesto wrongful death lawyer could help you pursue financial relief and hold the responsible parties accountable. An attorney at Curtis Legal Group could review your situation, guide you through the state’s wrongful death statutes, and provide the support your family deserves. Contact our office today and let us help you seek justice and resolution.
