Santa Clara Skilled Wrongful Death Trial Attorneys

Helping You and Your Loved Ones Navigate the Aftermath of a Wrongful Death

Losing a loved one is an unbearably painful experience, especially if their death was caused by the negligent or wrongful actions of another. At CERVANTES & CHAMBERS, our dedicated team of trial attorneys specializes in representing clients across Santa Clara who have suffered a wrongful death of a loved one. In California, when an individual's death is the result of another's wrongdoing or negligence, the deceased person’s family may be entitled to file a wrongful death claim. The sudden departure of a loved one can leave a void that is impossible to fill, but a wrongful death claim can offer some measure of justice and financial relief. With a profound understanding of the devastating impact such a loss can have on your life and the lives of your loved ones, CERVANTES & CHAMBERS are committed to providing compassionate, personalized legal services designed to achieve the best possible outcomes for our clients.

Understanding Wrongful Death

A wrongful death occurs when a person is killed due to the misconduct or negligence of another person or entity. This can include a broad range of situations, such as automobile accidents, medical malpractice, work-related incidents, or criminal activities. Surviving family members are often left with not only emotional burdens but also financial hardships due to loss of income and medical and funeral expenses.

Who Can File a Wrongful Death Claim in Santa Clara?

In California, the individuals who can file a wrongful death claim include the deceased's surviving spouse, domestic partner, children, and in some cases, other family members. Our experienced attorneys can help determine if you have the right to file a claim and guide you through the legal process.

Timing for California Wrongful Death Claims

In California, generally a wrongful death claim must be filed within two years of the date of the deceased person's death. However, specific circumstances, such as governmental claims, can affect this time frame, making it essential to consult with an experienced attorney as soon as possible.

Types of Wrongful Deaths

Vehicle Accidents

Motor vehicle accidents are one of the leading causes for a wrongful death. These involve deaths resulting from car, truck, motorcycle, bicycle, and pedestrian accidents on Santa Clara roads. The high speeds and immense forces involved may result in the death of a loved one. Negligence, such as distracted driving or driving under the influence (DUI), often plays a key role. Our law firm possesses the expertise to navigate these complex cases, ensuring that our clients receive the maximum compensation for their losses.

Premises Liability

Accidents that occur on premises, particularly in public or commercial spaces, can lead to the death of a loved one. Property owners in Santa Clara have a legal duty to ensure their premises are safe. Our legal team is adept at proving negligence in premises liability cases, helping our clients recover the compensation and justice that they deserve.

Defective Products

When defective or unsafe products cause death, manufacturers, designers, or distributors may be held liable. Defective products, such as a faulty appliance, car part, medications or children's toy, can lead to a fatal accident. Our skilled trial attorneys examine liability and the complexities of proving defectiveness.

Sports and Recreational Accidents

Sports and recreational activities, while beneficial for health and well-being, also pose a risk of death. Whether it's a spinal cord injury from a diving incident or a severe head injury from a skiing accident, our attorneys understand the intricacies of these cases. We work tirelessly to ensure that negligent parties are held accountable.

Medical Malpractice

Cases where healthcare professionals fail to provide the standard of care required, resulting in the patient's death. Medical malpractice, including surgical errors, misdiagnoses, and medication mistakes, can result in death of loved ones. Navigating these cases requires a comprehensive understanding of both the legal and medical fields. Our experienced lawyers collaborate with medical professionals to build compelling cases on our clients’ behalf.

Industrial and Workplace Accidents

Industrial and workplace accidents contribute to the number of wrongful deaths each year. From construction site accidents to machinery malfunctions, the risk of death is high. This can involve equipment malfunctions or failure to adhere to safety regulations. Our trained attorneys are skilled in handling cases involving workplace negligence and can guide victims through the process of securing damages from third-parties.

Common Types of Compensation for Wrongful Death

Qualifying claimants may be entitled to various types of compensation, including but not limited to:

Loss of love, companionship, comfort, care, assistance, protection, and affection
Lost income and potential future earnings of the deceased
Loss of consortium for a surviving spouse
Funeral and burial expenses

FAQ

Q: What is a wrongful death claim in Santa Clara?

A: Wrongful death in Santa Clara refers to a legal action brought by the surviving family members or the estate of a person who has died due to the negligence or wrongful act of another party. The law allows these individuals to seek compensation for their loss, including financial support, funeral expenses, and loss of companionship.

Q: Who can file a wrongful death lawsuit in Santa Clara?

A: Under California law, the following individuals are eligible to file a wrongful death claim: the deceased person's surviving spouse, domestic partner, children, and under certain conditions, other individuals who were dependent on the deceased, such as parents or siblings.

Q: Can a wrongful death claim be filed if the deceased didn’t have a job?

A: Yes, even if the deceased was not employed, a wrongful death claim can still be filed. Compensation can still be sought for the loss of companionship and other non-economic contributions the deceased made to the family.

Q: Can a wrongful death lawsuit be filed even if there is a criminal case?

A: Yes, a wrongful death lawsuit is a civil action that is separate from any criminal charges. It can be pursued even if criminal charges were not filed or if the defendant was acquitted in the criminal trial. The standards of proof in civil cases are different from criminal cases, allowing families to seek justice and compensation through the civil court system.

Q: Why should I hire a Santa Clara trial lawyer for a wrongful death case?

A: Hiring a knowledgeable Santa Clara personal injury lawyer can provide critical support and guidance through the complex process of a wrongful death claim. They can help gather evidence, handle legal filings, negotiate with insurance companies, and if necessary, represent your interests in court to ensure you receive fair compensation for your loss.

Why Choose Cervantes & Chambers?

Personalized Attention: Each case is unique, and we provide personalized attention to ensure your story is heard and your needs are met.

Experienced Representation: With years of experience in California's personal injury law, we have the expertise to navigate complex legal challenges with premises liability claims.

Maximum Recovery: We have recovered millions for our clients by creating risk for the insurance companies, corporations and government entities by being Trial Attorneys.

No Fees Unless We Win: We operate on a contingency fee basis, meaning you don't pay attorney fees unless we secure a settlement or verdict in your favor.

Free Consultations: Start with a no-cost assessment of your case, where we'll explore your options and provide clear, actionable advice.

Empower Your Wrongful Death Claim with Santa Clara Trial Attorneys

Our commitment to excellence, combined with an in-depth understanding of California personal injury law as it relates to wrongful death claims, positions us to fiercely advocate on your behalf. Reach out today, and harness the power of expert legal representation for your personal injury claim.

Contact Us Today

If you have experienced a wrongful death in Santa Clara, don't navigate the legal journey alone. Contact CERVANTES & CHAMBERS for a free consultation to discuss your case, understand your rights, and learn how our experienced trial attorneys can help secure the justice and compensation you deserve.

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"Cervantes & Chambers Trial Attorneys' dedication to their clients and commitment to justice are unparalleled. From our initial consultation to the resolution of my case, they provided unwavering support and expert legal guidance every step of the way. I am forever grateful for their expertise and support during a challenging time."

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