Wrongful Death

What is wrongful death under the law?

A wrongful death case is one where the victim dies due to the intentional or negligent act of others.  As the victim cannot defend themselves any longer, the law allows their relatives or others surviving them the ability to file on the victim’s behalf in order that their estate and relatives be taken care of.

Every state has some form of wrongful death laws.  Not only for compensation,  but also as an incentive to act carefully and safely. This is not only directed at the business world, but also private citizens, keeping their property in a safe manner in order to avoid horrific accidents that could be found later to be negligible.   If a member of your family has wrongfully died, call The Mitchell Law Firm, San Jose wrongful death attorneys.

What forms do wrongful death cases take?

Due to the fact that a loved one has died, wrongful death cases are among  the most emotionally charged types of cases.   One can be killed in a car accident or by someone using excess force, the police or security detail or in some kind of dangerous conditions, medical malpractice, a defective product, or improperly placed signs, etc.  It can occur on public or private property. Accidents can come from nowhere and the damage can be horrific. In such cases, the death does not necessarily have to be immediate but it must be due to the relative accident.

Process of a Wrongful Death Case in California

In California, the law allows relatives, domestic partners and other persons who depend upon the victim for support to sue for wrongful death in a civic action.  There is a two year time limit in which you can file a wrongful death lawsuit.  However, certain exceptions may allow for an extension of that time.  Damages for wrongful death are provided for loss of companionship, funeral and medical expenses, loss of income (present and future), and loss of service.

If you would like more information about a San Jose wrongful death lawsuit, contact The Mitchell Law Firm at 866-616-9947, or complete our quick contact web form.