Wrongful Death Legal Services In Walnut Creek

Last updated on September 27, 2024

Losing a loved one in an accident caused by negligence, recklessness, or an intentionally harmful act often comes with tremendous grief and sadness. While no lawsuit or financial compensation can bring your loved one back, our team at the Law Office of Michael E. Gatto, PC, believes in holding the responsible parties accountable and helping you recover after such a devastating loss. As your wrongful death law firm, we take on cases in Walnut Creek, East Bay, and throughout California and Arizona, and will stand by you every step of the way.

What Constitutes A Wrongful Death?

A wrongful death occurs when someone dies as a result of another person’s or entity’s negligence, recklessness, or intentional actions. This can include fatal accidents caused by car crashes, medical malpractice, defective products or other avoidable tragedies.

Wrongful death is not the same as a tragic accident; it’s a preventable loss of life that could have been avoided if someone had taken proper care.

Common Causes Of Wrongful Death

Wrongful death can result from various situations, including:

• Automobile accidents: These are among the most common causes of wrongful death. Negligent driving behaviors such as speeding, drunk driving and distracted driving can lead to fatal accidents.
• Medical malpractice: This occurs when health care professionals fail to provide a standard of care, resulting in a patient’s death. Examples include surgical errors, misdiagnoses and medication mistakes.
• Workplace accidents: Fatalities can occur in hazardous work environments, especially in industries like construction, manufacturing and transportation. In some cases, employers may be held liable if they fail to maintain safe working conditions.
• Defective products: Manufacturers, designers and sellers can be responsible if their products cause fatal injuries due to design flaws, manufacturing defects or inadequate warnings.
• Intentional acts: Homicides and other intentionally harmful acts can also lead to wrongful death claims. In such cases, the perpetrator’s actions are deliberate and malicious.

Whatever the contributing events may be, we believe the party responsible for your loss should be held accountable.

Recoverable Damages In A California Wrongful Death Lawsuit

In California, the surviving family members of a wrongful death victim may be eligible for different types of compensation for their losses.

1. General or noneconomic damages: These damages compensate for nonmonetary losses such as pain and suffering, loss of companionship, and emotional distress. They acknowledge the profound emotional impact on the surviving family members.
2. Special or economic damages: These damages cover quantifiable financial losses, including medical bills and lost income. They aim to alleviate the financial burden caused by the wrongful death.
3. Punitive damages: In cases where the death resulted from an intentionally harmful act or gross negligence, courts may award punitive damages. These are not available in every case, as their purpose is specifically to punish the wrongdoer and deter similar conduct in the future.

Some of the more specific financial losses that parties can recover in a wrongful death claim include:

• Expenses related to funerals and burials: Covering the costs associated with laying your loved one to rest.
• Loss of income the deceased would have provided: Compensation for the financial support the deceased would have contributed to the family.
• Loss of emotional support, guidance and companionship: Recognizing the profound impact of losing a loved one’s presence and support.
• Medical bills incurred before death: Reimbursement for medical expenses related to the deceased’s final illness or injury.

Again, money will not repair what has broken, and legal action will not undo what has been done. However, collecting these damages can acknowledge the negligent death and ease the financial burden during such a tragic time.

How Are Wrongful Death Settlements Calculated?

Wrongful death settlements are calculated based on various factors, including:

• The deceased’s age and health: Younger, healthier individuals may result in higher settlements due to the longer expected duration of financial support and companionship.
• The deceased’s earning capacity: Higher earning potential can lead to larger settlements to compensate for lost income.
• The relationship between the deceased and the claimant: Close family members, such as spouses and children, may receive higher compensation for emotional and financial losses.
• The circumstances of the death: The nature of the wrongful act and the degree of negligence or intentional harm can influence the settlement amount.

The Legal Process Of Filing A Wrongful Death Claim

Filing a wrongful death claim involves several steps. The first step is to consult with a wrongful death attorney who can evaluate your case and provide legal advice. Your attorney will conduct a thorough investigation to gather evidence, including medical records, accident reports and witness statements.

The attorney will file the wrongful death claim on behalf of the eligible family members. Often, parties settle wrongful death cases out of court through negotiations with the responsible party’s insurance company. If parties cannot reach a settlement, the case may go to trial, where a judge or jury will determine the outcome.

Who Can File A Claim And How Long Do They Have?

In California, certain family members are eligible to file a wrongful death claim:

• Spouses or domestic partners
• Children
• Stepchildren who were financially dependent on the deceased
• Parents or siblings under specific circumstances

You have two years from the date of the fatal accident to file a claim. Acting quickly can ensure that you do not lose crucial evidence. Our wrongful death lawyer will help you understand the legal requirements and file your claim on time.

Your Advocate In A Time Of Need

We know that grieving families need more than just legal representation – they need guidance, support and compassion. As your wrongful death attorney, attorney Gatto will be a strong advocate for you and your loved one, working closely with medical professionals, investigators and other experts to build a strong case. Our staff paralegal provides Spanish interpretation, ensuring that language barriers don’t stand in the way of justice.

Contact Us For Compassionate Legal Support

If you have lost a loved one in a fatal accident in East Bay or anywhere throughout California or Arizona, contact the Law Office of Michael E. Gatto, PC, today. We offer free consultations and are here to help you seek justice. Se habla español. Call 925-587-9949 or send us a message today.