California Wrongful Death Attorney
If you're contemplating legal action related to wrongful death, JKT Law Inc. can guide you through the legal process and strive to achieve the best possible outcome during this trying time.
Losing a loved one due to someone else's negligence or misconduct is an incredibly challenging experience for families. It not only brings emotional turmoil but also financial burdens such as loss of income and funeral expenses.
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Navigate This Page:
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Do I Have a Wrongful Death Case?
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How Much Does a Wrongful Death Lawyer Cost?
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California Wrongful Death Laws
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What Are the Most Common Types of Wrongful Death Cases?
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Wrongful Death Frequently Asked Questions
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Wrongful Death Verdicts & Settlements
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Do I Have a Wrongful Death Case?
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The death of a loved one is always tragic, but it may only qualify for a civil lawsuit under certain circumstances.
Firstly, the victim's death must meet the state's definition of wrongful death. In California, wrongful death is defined as a death resulting from the wrongful act or negligence of another person. You may have grounds for a claim if someone else caused or substantially contributed to your family member's death, such as a drunk driver or negligent healthcare provider.
Secondly, you must adhere to the statute of limitations. Missing the statute of limitations deadline could jeopardize your case. Consult with an attorney promptly if you're unsure about the timing of your claim.
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A California wrongful death lawyer can assess your case and determine the best course of action. Whether your loved one died in a car accident, workplace incident, or due to medical malpractice, an California attorney can evaluate the circumstances and help you pursue a claim if appropriate.
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How Much Does a Wrongful Death Lawyer Cost?
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At JKT Law Inc., we aim to simplify the legal process and alleviate your financial concerns during this challenging time. We operate on a contingency fee basis, meaning:
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Free initial consultations
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No upfront costs to retain our services
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You only pay attorney's fees if we win your case
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Fees are deducted directly from your settlement or verdict
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We believe in transparent and affordable legal representation. Whether your case requires negotiation or trial, we'll keep you informed about potential costs every step of the way.
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California Wrongful Death Laws
Wrongful death claims are distinct from personal injury cases and are governed by specific laws in California. It's crucial to seek guidance from an experienced wrongful death attorney in California who understands these laws and can navigate the legal complexities.
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Under California law, only certain individuals are eligible to file a wrongful death claim, including the victim's surviving spouse, children, parents, or siblings. Additionally, damages recoverable in a wrongful death case may include medical expenses, funeral costs, loss of income, and compensation for emotional distress.
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What Are the Most Common Types of Wrongful Death Cases?
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Wrongful death lawsuits can arise from various circumstances, including car accidents, criminal activity, medical malpractice, workplace accidents, and premises liability incidents. Our office has experience handling a wide range of cases including wrongful death cases and can provide personalized legal assistance tailored to your specific situation.
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Wrongful Death Frequently Asked Questions
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1. How long do I have to file a wrongful death lawsuit in California?
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In California, the statute of limitations for filing a wrongful death lawsuit is generally two years from the date of the decedent's death. However, there are exceptions to this rule depending on the circumstances of the case. It's essential to consult with an attorney to understand the specific deadlines applicable to your situation.
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2. Who can file a wrongful death claim in California?
In California, a wrongful death claim can typically be filed by the following individuals or entities:
- The surviving spouse or domestic partner of the deceased.
- The surviving children of the deceased (if there is no surviving spouse or domestic partner).
- If there are no surviving spouse, domestic partner, or children, other individuals who would be entitled to the decedent's property under California intestacy laws.
- Any person who was financially dependent on the deceased.
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3. What is the difference between a wrongful death claim and a survival claim?
- A wrongful death claim is brought on behalf of the surviving family members or beneficiaries of the deceased to compensate them for the losses they have suffered as a result of the death.
- A survival claim, on the other hand, is brought on behalf of the deceased's estate to recover damages that the deceased incurred between the time of the injury and their death. This may include medical expenses, lost wages, and pain and suffering experienced by the deceased before their passing.
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4. How to prove a wrongful death case in California?
Proving a wrongful death case in California typically involves demonstrating the following:
- The death of a human being.
- The death was caused by the negligence or wrongful act of another party.
- The surviving family members or beneficiaries have suffered financial or emotional losses as a result of the death.
- Establishing liability often requires gathering evidence such as witness testimony, expert opinions, medical records, and other documentation to support the claim.
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It's important to note that navigating wrongful death cases can be complex, and seeking legal guidance from an experienced attorney is crucial to understanding and protecting your rights under California law.
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Navigating the legal process after losing a loved one can be overwhelming, but you don't have to do it alone. Our compassionate and dedicated team is here to support you every step of the way.
Dedicated to excellence
Effective Legal Representation
The team at JKT Law Inc. brings experience to the table. Whether representing plaintiffs or defendants, we leverage our deep understanding of the legal landscape to craft strategic solutions tailored to each unique situation. Trust JKT Law Inc. to deliver results-driven representation in civil litigation matters.