At Caputo & Van Der Walde, our attorneys understand how an unexpected loss can impact your entire family. While no amount of money can fully compensate you for the loss of a loved one, our experienced team can help you seek justice and financial relief during this difficult time. Contact us to speak with a San Jose wrongful death lawyer today.
At Caputo & Van Der Walde – Injury and Accident Attorneys, we understand the impact an unexpected death can have on a family. All too often, the egregious actions of one careless individual can have life-altering consequences for an entire innocent family.
Even though a lawsuit may be the last thing on your mind as you grieve, you need not suffer unduly. Let our compassionate and caring team at Caputo & Van Der Walde – Injury and Accident Attorneys help guide you through the process and fight for the remuneration your family deserves.
Caputo & Van Der Walde – Injury and Accident Attorneys is an accomplished and respected wrongful death law firm located in Northern California. Our firm has protected the legal rights of hundreds of victims and families, and we have recovered tens of millions of dollars in damages on behalf of our clients.
We work together to represent you in an efficient and effective manner. If you have lost a loved one as the result of a fatal accident, contact our skilled San Jose wrongful death lawyers at Caputo & Van Der Walde – Injury and Accident Attorneys immediately.
One of the most important considerations involved with a wrongful death lawsuit is the timing of your claim. Under the California Code of Civil Procedure, Section 335.1, any individual who wishes to pursue a wrongful death lawsuit must do so within a time frame of no more than two years.
However, if death resulted from medical malpractice, that statute of limitations is increased to three years from the date of the initial injury, or one year after the plaintiff discovers or should have discovered an injury leading to death.
Wrongful death cases against government agencies in California, such as those involving a government-operated vehicle that causes a fatal accident, adhere to different rules and procedures. In government liability cases, families have six months from the date of injury to file an initial claim.
Note that a lawsuit for wrongful death is intended to compensate the survivor for their own losses, not for the losses incurred by the decedent prior to death. Therefore, a survivor cannot recover for the following:
Though these elements are not recoverable in a wrongful death action, you can pursue them through a survival action. A survival action is brought when an injured party dies from the harm inflicted by a negligent person. The decedent’s personal representative, i.e., the executor of their estate, brings this type of lawsuit and recovers all economic losses of the decedent prior to death.
A survival action does not include damages for the pain and suffering experienced by the decedent, only actual quantifiable losses, like medical bills and lost wages.
A survival action is a lawsuit typically brought by the decedent’s executor to help survivors recover for economic losses that the decedent experienced before death. These include medical bills, suffering and anguish, and wages lost.
This is a kind of claim that certain survivors may be able to file. For instance, if you saw a parent or a child or other close relative die, you can claim serious emotional distress and make a wrongful death claim for mental suffering.
The wrongful death law firm of Caputo & Van Der Walde – Injury and Accident Attorneys provides something called contingency representation. This means that you only pay money for your legal fees if/when you win a verdict or recover through settlement. The payment would be a percentage of that verdict or settlement.
As members of the Multi-Million Dollar Advocates Forum® and the Million Dollar Advocates Forum®, we have proven our ability to negotiate and litigate on behalf of our clients successfully. Retain us to put our tactical strategies to work for you. These skills are what make our legal team such a formidable opponent in any courtroom or negotiation setting.