Our wrongful death lawyers in San Jose want to help you put your grief to work in the wake of a loved one’s tragic death. We know how to work within the civil system to fight for your right to loss-based damages. Our experienced team can help you gather evidence of a particular party’s negligence so you can hold that party accountable for your grief.
You can get in touch with Omega Law Group and the personal injury lawyers in San Jose within hours of your loved one’s passing. We can take on the responsibility of the legal elements of your recovery while you prioritize your rights to celebrate a loved one’s life.
For more information about our available services, contact us today and book a case assessment free of charge.
Assigning Responsibility for a Loved One’s Wrongful Death
If you want to demand compensation for a loved one’s wrongful death, you need to know who to blame for your loss. This process can prove emotionally challenging, which is why we recommend that you have a San Jose wrongful death attorney on your side while the investigation takes place.
Our team can work with local law enforcement as well as professional investigators to bring forward evidence proving that someone else’s negligence proved fatal for your loved one. The evidence we can integrate into your claim can range from statements from bystanders to an autopsy. We can also rely on video footage of the accident, biological data, and electronic data.
You Can Rely on San Jose Wrongful Death Lawyers to Conduct Your Investigation
Wrongful death lawyers in San Jose do not pursue criminal cases against the party responsible for your loved one’s death. Instead, the state may choose to bring criminal charges up against your liable party.
Should the state assume criminal negligence in your loved one’s case, they may convict your liable party and make that party face fines, jail time, and related consequences. While you don’t directly benefit from any of these consequences, you can bring information about a liable party’s criminal conviction forward in civil court.
A criminal conviction can serve as compelling proof of negligence in your argument for wrongful death compensation. While a conviction won’t outright win you your wrongful death case, it’s important to let a judge know that their peers have already found the liable party guilty of criminal misconduct.
Should the need to do so arise, you can work with our attorneys at Omega Law to determine how best to integrate the results of a criminal case into your pursuit of compensation.
Outlining Your Right to Financial Support
Death is expensive. No one tells you it’s going to be expensive, either. As such, the bills that come with a loved one’s unexpected passing can immediately impact your financial stability. It gets harder to deal with those expenses when you’re contending with the trauma of having lost a loved one due to someone else’s negligence.
Filing a personal injury claim allows you to demand the financial support you need to restabilize your finances. Your claim also allows you to punish the party responsible for your loved one’s death because it requires them to pay you a settlement based on your losses. What compensation can you request in your claim, though?
Our team can defend your right to the following loss-based compensation:
- Funeral expenses
- Hospice care
- Pre-death care and existing medical expenses
- Lost income or opportunities to support a family
- Loss of consortium
- Loss of companionship
- Pain and suffering
- Emotional distress
Filing Your Claim
According to California’s personal injury statute of limitations, you have no more than two years to bring information about the negligence that led to your loved one’s death to the attention of a civil court. Many courts believe that evidence submitted after a case’s statute of limitations expires no longer accurately reflects the nature of the negligence that caused an accident.
Staying on top of this deadline while also contending with your grief can prove challenging, if not impossible. Fortunately, you have experienced wrongful death lawyers in San Jose, CA, on your side and are willing to help.
Make Sure You Have the Right to File a Wrongful Death Claim
It’s tempting to start gathering the information you need to file a wrongful death claim against a liable party immediately following your loved one’s passing. However, it’s important to consider whether or not the state of California will allow you to pursue legal action against the party liable for your loved one’s death.
The state only allows a deceased individual’s children, spouse, or parents to take civil action on their behalf. There are, however, exceptions that allow stepchildren, legal guardians, and any parties that might benefit from intestate succession to bring a claim forward.
If you’re not sure where you stand in terms of your rights to file a wrongful death claim, we recommend that you schedule a case consultation with our law firm. We can determine what your legal relationship to the deceased looks like and what right that relationship gives you to act.
Contact an Experienced Legal Professional Today
You deserve justice for a loved one’s wrongful death. The San Jose wrongful death attorneys with Omega Law Group can win you that justice. Collaborating with our team allows you to demand financial support based on the losses you and your loved one endured due to a fatal accident.
If you want to learn more about your rights to a wrongful death claim and the steps you need to take to file your paperwork, you can schedule a free case evaluation with our team. Omega Law Group tries to make it as easy as possible for you to celebrate a loved one’s life without Financial stress. Contact us today for more information.