Stockton Wrongful Death Attorneys

FAQ: What is a wrongful death claim?

If your loved one lost their life due to the negligence of another person or entity, regardless of the circumstances, you may be entitled to compensation. In a wrongful death claim, the deceased may have had a prolonged illness or suffered a catastrophic injury. Regardless, our Stockton wrongful death attorneys can help sort everything out and get you the legally owed money.

Types of Wrongful Death Damages

Certain heirs may seek two types of compensation in the case of the wrongful death of a child or adult: economic and non-economic.

• Economic damages affect your finances. Our wrongful death attorneys in Stockton will find expert witnesses, such as accountants, who will help determine a dollar amount. Other economic damages may be the funeral cost and the deceased person’s future earning potential.
• Non-economic damages are compensation that takes skill and experience to prove. Our wrongful death attorneys will consider things like the level of loss of companionship, comfort, protection, and more when determining a reasonable amount of non-economic damages to pursue.

FAQ: Is hiring a wrongful death attorney necessary to file a claim?

Hiring a lawyer is optional, but the process is complicated, especially when dealing with highly aggressive insurance companies who will only protect their bottom line, not look out for your financial needs. Our wrongful death attorneys bring a combined total of over 100 years of experience to every case.

Benefits of Hiring a Stockton Wrongful Death Lawyer

The first and typically most important benefit to the loved one filing the claim is that your lawyer handles all communications and negotiations. You don’t have to worry about jeopardizing your claim by saying the wrong thing. The second most important benefit to hiring one of our Stockton wrongful death attorneys is that we will skillfully present the facts and fight relentlessly on your behalf whether the case is settled out of court or goes to trial.

Wrongful Death Claims and Who Can File

Typically, under California law, only specific family members of the deceased may file a wrongful death claim, including:

• Spouse or domestic partner
• Surviving children
• Other: if no surviving immediate family member exists, the law allows for a parent or sibling to file a wrongful death suit if certain conditions are met.

If you aren’t sure whether you can file a wrongful death claim based on the above information, don’t give up hope. Call one of our Stockton wrongful death attorneys and schedule a free, no-obligation consultation. We will answer your questions and provide clarity.

FAQ: What determines the amount of a wrongful death settlement?

As your Stockton wrongful death attorney will explain, many factors come into play when the final settlement is calculated. Some of those factors include:

• The deceased person’s age and income at the time of death
• The future earning potential of the deceased
• The value of the deceased person’s lost benefits (e.g., health insurance, pension, etc.)
• Outstanding medical bills that have not been paid

These are just a few considerations in a wrongful death settlement. A successful outcome depends heavily on having an experienced lawyer on your side.

Wrongful Death vs. Accidental Death

A critical factor in determining wrongful death is intent and whether the person being held responsible acted recklessly (with negligence) with the intent of purposely harming.

Here is one example: Suppose a car driver is texting while driving (“distracted driving,” which is illegal and considered negligence under California law). If that driver kills a cyclist, the spouse of the deceased person could file a wrongful death lawsuit.

FAQ: Do government organizations have immunity from wrongful death cases in California?

While there are many variables to consider, which your Stockton wrongful death lawyer can explain, examples of wrongful death situations in which a government entity may not have immunity include:

• Poorly or improperly marked roadway construction warnings
• Poorly maintained public walkways or sidewalks
• A slip and fall
• Abuse or injury of a student by a school employee

Unlike privately held companies, government entities sometimes have protections (immunity) from legal actions.

Wrongful Death and Criminal Cases

Unlike criminal cases, which the government must initiate, wrongful death claims are civil lawsuits between private parties. And while a criminal case may result in a jail or prison sentence, it does not provide financial compensation to the deceased person’s family. This means that a loved one of the deceased person may file a wrongful death lawsuit while the criminal case is ongoing.

What to Do If You Need a Stockton Wrongful Death Lawyer

Wrongful death cases are not simple. If you think you have suffered the loss of your loved one due to the negligence of another, the Stockton wrongful death attorneys at Eason & Tambornini may be able to help. Our initial consultations are free; you pay nothing if you don’t win a settlement.

Call Eason & Tambornini at (209) 323-5126 to schedule your free consultation.