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Experience On Your Side

San Jose Wrongful Death Lawyers

Perhaps you recently lost a loved one in a traffic accident. Or maybe your father died as a result of hospital negligence, nursing home neglect, or a bad physician diagnosis. Irrespective of how the tragedy occurred, you want answers about how to hold a negligent or a careless party responsible for the death and how to collect damages entitled to you and your family.

California Wrongful Death 101

California law provides many resources for survivors of people injured and killed as a result of someone else's negligence or fail to act. According to the state's statute of limitations, survivors have two full calendar years to file a claim and seek action. You may recover for things like loss of companionship and love, loss of support and services, loss of income and financial benefits, and funeral expenses. Many different parties can file a wrongful death action.

These include parents of the decedent, children, including step children and adopted children, a surviving domestic partner or spouse, and minors living in the decedent's household who were dependent on the decedent. Although the survivors' anguish and mental pain cannot be compensated, you can get significant money for loss of companionship and consortium.

Examples of wrongful death cases:

1. A pharmacist error leads to death

For instance, say a pharmacist fails to read a doctor's handwriting correctly and overprescribes a medication. As a result, a hypoglycemic woman takes five times the recommended dosage of her medication and suffers a stroke and dies. The woman's family, such as her husband or children, can bring a wrongful death action against the pharmacist and against other parties, such as representative insurance carriers.

2. Truck accident

Say a big rig experiences a brake failure and crashes through an intersection, killing two people heading to church in a minivan. The decedent's family can sue the truck driver as well as the trucking company for wrongful death. Depending on the circumstances, you may also be able to sue the manufacturer of the defective truck brakes - since the manufacturer indirectly caused/contributed to the circumstances that led to the fatal crash.

3. Nursing home abuse

For example, an overly busy caregiver fails to provide an elderly woman with her twice-a-day meds. As a result of this neglect, she develops blood pressure problem, which leads to an embolism and ultimately to a bout of fatal pneumonia. The woman's family can sue the nursing home for wrongful death stemming from this neglect.

Building a Bulletproof Case

Understand that potential defendants will almost certainly go to great lengths to defend themselves against having to pay out damages to you and your family. That's why it's so important to come prepared with a strategy to get that money - and to collect wrongful death damages in the most efficient, stress free manner possible.

The experienced and practiced wrongful death attorneys at Caputo & Van Der Walde LLP focus on personal injury law in Northern California. They have the resources, wherewithal, and track record to provide best service.

Connect today for a free case evaluation at (800) 900-0863.

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