San Jose Wrongful Death Attorney

A young mother that is in stress after a wrongful death

Losing a loved one is never easy, but when a death is caused by another party’s negligence, surviving family members deserve compensation and justice. If your family is facing such circumstances, having a wrongful death attorney at your side is crucial.

At BoyesLegal APC, we have extensive experience negotiating and litigating wrongful death claims in California. When you meet with us, we will offer you a supportive environment where you can make informed decisions about your case. You can depend on us to identify the responsible party, hold them accountable, and protect your rights. Contact our office today to learn how we can help. 

About Wrongful Death In California

Wrongful death refers to death that results from the negligent, reckless, or malicious conduct of another party. To win your wrongful death claim, we must prove that:

  1. The defendant owed your loved one a duty of care
  2. The defendant breached that duty
  3. That breach directly caused your loved one’s fatal injury
  4. You sustained damages, such as loss of financial support and companionship

For example, all drivers have a duty of care to drive safely and avoid causing accidents that lead to injuries and death. A drunk or a drugged driver who causes an accident that kills another motorist, passenger, or pedestrian has breached their duty of care and may be liable for wrongful death. 

At BoyesLegal, we have the knowledge and skills to prove negligence in wrongful death claims and the determination to win you meaningful compensation. Let our dedicated attorneys take over your case so you can focus on grieving and healing during this difficult time. Trust us to provide you with compassionate representation and caring personal service. 

Who Can Bring A Wrongful Death Lawsuit?

Under California law, the following parties may bring a wrongful death lawsuit:

  • Surviving spouse
  • Surviving children
  • Parents or siblings (if there are no direct survivors)
  • Other financially dependent individuals 

Pursuing a wrongful death claim is challenging, which makes having strong legal representation essential. When you work with BoyesLegal, we will make your case our cause and fight for the maximum compensation you and your family deserve.

Common Causes of Wrongful Death In California

A variety of circumstances can be the basis for a wrongful death claim, including:

  • Truck accidentsBecause of the size and weight of commercial trucks, collisions with passenger vehicles can result in fatalities. Our capable attorneys know how to hold negligent trucking companies and truck drivers liable. 
  • Medical malpracticeDoctors, hospitals, and other medical professionals must provide the appropriate standard of care. A doctor who breaches this duty and causes a patient’s death may be liable for medical malpractice resulting in wrongful death. Medical negligence may involve misdiagnosis, surgical errors, anesthesia errors, prescription errors, defective medical devices and equipment, and even nursing home abuse and neglect. 
  • Product liability – Manufacturers and distributors have a legal obligation to provide safe products to consumers and are strictly liable for product defects that result in death. 
  • Violent crimes – Assault, homicide, and other violent crimes are offenses that may lead to criminal proceedings and convictions. However, it is also possible to pursue a wrongful death lawsuit against the perpetrator, regardless of whether they are convicted.  Unlike a criminal case that requires proving the defendant’s guilt beyond a reasonable doubt, the claim only requires showing a preponderance of evidence to prove the defendant’s liability.
  • Workplace accidents – Construction sites, factories, manufacturing plants, and other work environments expose workers to hazards such as falls, burns, electrical currents, explosions, harmful chemicals, and dangerous substances. While workers’ compensation offers death benefits to surviving family members, workplace fatalities that result from third-party negligence can lead to a wrongful death claim.

Regardless of the cause of your loved one’s death, our experienced wrongful death attorneys will fight tirelessly to protect your rights and get you just compensation. 

How Much Is My Wrongful Death Claim Worth?

No two claims are the same, and the value of your claim depends on multiple factors. In any event, damages are awarded to the decedent’s estate for losses such as:

  • Lost wages – past and future
  • The value of lost benefits
  • Medical expenses related to the decedent’s final injury or illness
  • Funeral and burial expenses

Surviving family members may also recover damages for the value of financial support and services the decedent provided, and loss of companionship, and guidance. No amount of money can replace a life or relieve your suffering, but you deserve justice and compensation to protect your financial future. 

Contact Our Experienced California Wrongful Death Lawyer

If you have lost a loved one due to another party’s negligent, reckless, or malicious conduct, you may be frightened and angry. Remember, BoyesLegal is here to help. Contact our office today for a free evaluation of your case.