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SOLANO COUNTY WRONGFUL DEATH ATTORNEYS

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Do you need the help of an experienced wrongful death lawyer?

Or perhaps you have questions about a wrongful death case and have not been able to get satisfactory answers. Whatever the reason, attorneys at The Choyce Law Firm can help. Call us at (707) 422-1202 or contact us online for a FREE, no obligation consultation.


The Choyce Law Firm represent clients in the Solano county who have suffered personal injuries or property damage from a wrongful death accident. Such accidents include collisions with negligent drivers but also those involving drunk or hit and run drivers, and uninsured or underinsured drivers.

We also represent Solano area residents injured in wrongful death accidents, collisions or crashes resulting from defective products or designs vehicle involved in wrongful death accidents.

Wrongful Death Lawyer Solano County | Fairfield, Vallejo, Dixon & Vacaville

Fairfield Accident Lawyer

WRONGFUL DEATH CLAIMS

If you are seeking advice and need representation in a California wrongful death case, contact a Fairfield, CA wrongful death attorney at The Choyce Law Firm to find experienced and sensitive accident attorney that can help you navigate through this difficult and emotional process. Whenever someone else causes the death of a loved one unexpectedly, it is not easy to handle the loss and pain. In such a time, you need a California wrongful death lawyer with a track record of seeking out just compensation for wrongful death cases.

EXPERIENCE & SENSITIVITY TO DEAL WITH WRONGFUL DEATH CASES

At the Choyce Law Firm, we have the experience and the sensitivity to deal with wrongful death cases and to hold individuals accountable for stealing the lives of your loved ones before their time. In 2006, we secured a million dollar settlement for our client’s family who lost their son in a fatal collision.

Many times during such a great loss, family members are consumed with mourning, and dealing with the necessities that come along with funeral and burial arrangements. During this time, people may not understand the importance of gathering information early on to help prepare a lawsuit. California wrongful death attorneys at the law firm of Choyce Law Firm, we understand the need to quickly pursue the individuals responsible for wrongful deaths in order to secure a just settlement of the case as quickly as possible so family members can deal with the grieving process. Our experience in handling California wrongful death cases, prepares us to measure the impact that flows from losing a loved one that will justify a settlement for such a tremendous loss.

INSURANCE COMPANIES TRY AND TAKE ADVANTAGE OF FAMILIES

Many times insurance companies try and take advantage of families that may be vulnerable during such an emotional event and will offer an unjust settlement in hopes that the family will simply take quick money to use with the immediate cost that come with an unexpected death. But insurance companies almost never compensate for a lost loved one’s wages, medical expenses, emotional and physical support over a lifetime. Having attorneys on your side that will help you fight insurance companies for fair treatment and to receive the money needed to compensate the deceased’s family members, is what you can expect at the Choyce Law Firm.

FAIRFIELD, CA WRONGFUL DEATH ATTORNEY IS HERE TO HELP

CALL (707) 422-1202 FOR FREE CONSULTATION

Contact a Fairfield accident lawyer at our firm for a free consultation and to get the representation you deserve in your wrongful death case. At the Choyce Law Firm, we care about your loss and we will fight to ensure your loved ones are rightfully compensated.
 
At the Choyce Law Firm, we understand the urgency of your legal matter and can provide the legal help you need. Contact us right away to arrange a free consultation and we promise to explain your legal rights and give you the answers you need to know about your case.
 
Call our office now to discuss your situation with a Fairfield accident lawyer at (707) 422-1202. We offer free consultation and there is never a fee unless we win.

PERSONAL INJURY ATTORNEY IN FAIRFIELD, CA

Personal Injury Attorney in Fairfield, Ca

WRONGFUL DEATH CLAIMS FREQUENTLY ASKED QUESTIONS

Unfortunately, the number of wrongful deaths in California are high and can be the cause of a variety of different accidents caused by negligence. If someone you loved or someone you know died due to someone else’s negligence, contact an experienced personal injury lawyer and read the frequently asked questions below.

What is wrongful death?

Wrongful death is a death caused either wholly or in part by a third party’s negligence or intentional misconduct.

Difference between a wrongful death civil suit & a criminal case?

In a civil lawsuit, it is easier to prove someone is guilty of a wrongdoing than it is to prove someone is guilty of a crime in criminal court. Monetary damages can be awarded to the victim in a civil court. However, even if the defendant is found guilty and at fault, he or she cannot be given a jail sentence and does not have a criminal record. It is merely for monetary compensation. A criminal case, on the other-hand, can only be brought by the government. In order for someone to be prosecuted for a crime, the prosecutor must make a case against the accused. The purpose of prosecuting a criminal case is to seek prison time or another punishment. the prosecutor must meet a higher standard of proof than in a civil case and if the accused is found guilty they will have a criminal record.

Who can file a wrongful death claim?

Not everyone has the right to sue for a wrongful death. According to the California Code of Civil Procedure Section 377.60-377.62 “a cause of action for the death of a person caused by the wrongful act or neglect of another may be asserted by any of the following persons or by the decedent’s personal representative on their behalf: the decedent’s surviving spouse or domestic partner, children, and issue of deceased children, or, if there is no surviving issue of the decedent, the persons, including the surviving spouse or domestic partner, who would be entitled to the property of the decedent by intestate succession”.

What types of damages are awarded?

The type of compensation that you may be awarded for a wrongful death vary case by case. It’s always best to contact an attorney for advice on your specific circumstances but in general there are economic and noneconomic damages.

How does the court determine monetary damages?

The main method courts have for measuring loss in wrongful death lawsuits is pecuniary damages – the financial loss that the death has causes. When the courts measure loss, they look at the deceased’s income, the deceased’s savings, and how financially dependent the survivors were on the deceased. The court will also take into account the funeral and medical expenses.

How do courts determine noneconomic damages?

Courts look at a number of factors when determining the cost of the emotional pain and suffering the survivors experienced such as parental guidance, companionship and affection. California doesn’t have a limit on the type of noneconomic damages that could be awarded.

What is the statute of limitations?

In California, you generally have 2 years from the date of the death to bring a wrongful death suit. The rules change in the event of a medical malpractice or involvement of a government entity. Contact an injury lawyer to know the exact statute of limitations regarding your case.

Can I sue for an accident that caused the death of my unborn child?

Although some states do permit these types of lawsuits, California does not. In California, the law does not allow wrongful death claims for the loss of an unborn child. A person is only considered legally alive at birth in the state of California. Additionally, California law does not grant rights to the mother to a wrongful death claim if her unborn child is killed.

Can I bring a wrongful death action based on the death of a child or an elderly person?

Absolutely. As long as it meets the criteria for wrongful death, you can bring a claim. Contact an injury lawyer immediately if you have any questions.

What must be proved in a wrongful death case?

The plaintiff must establish that: i) the defendant owed a duty of care to the deceased person; ii) that the defendant breached that duty of care; iii) that the breach caused the deceased person’s death and iv) that the plaintiff, who is a surviving relative of the decedent, has been monetarily damaged as a result of the death.

What is comparative negligence?

Comparative negligence is when the defendant is partially at fault, instead of 100% at fault.

What is survival action?

Some courts will allow the plaintiff to sue for injuries sustained by the person who died. It is called a “survival action” because the legal claim survives after the injured person’s death. This claim could be presented at the same time as a wrongful death lawsuit. If it is allowed, the plaintiff may need to show that the injured person was aware of and emotionally affected by the injuries before passing away.

How does a wrongful death medical malpractice case differ from other wrongful death claims?

In California, wrongful death cases based on medical malpractice, there is a limit for non-economic damages. For non-economic damages, the surviving heirs are limited to a maximum of$250,000. Additionally, there are complicated procedural rules for filing a wrongful death medical case that’s best done by an injury lawyer.

How do I start the process of filing a wrongful death lawsuit?

If you believe you may have a legal case following the death of a loved one, it is strongly advised you speak with an attorney immediately. The basic process beings with filing a lawsuit but there is usually a lot of investigation that needs to occur before.

DIXON, CA WRONGFUL DEATH LAWYER IS HERE TO HELP

CALL (707) 422-1202 FOR FREE CONSULTATION

Contact a Fairfield accident lawyer at our firm for a free consultation and to get the representation you deserve in your wrongful death case. At the Choyce Law Firm, we care about your loss and we will fight to ensure your loved ones are rightfully compensated.
 
At the Choyce Law Firm, we understand the urgency of your legal matter and can provide the legal help you need. Contact us right away to arrange a free consultation and we promise to explain your legal rights and give you the answers you need to know about your case.
 
Call our office now to discuss your situation with a Fairfield accident lawyer at (707) 422-1202. We offer free consultation and there is never a fee unless we win.

VALLEJO WRONGFUL DEATH ATTORNEYS

CHILD WRONGFUL DEATH CLAIMS

The loss of a child is probably the worst and most traumatic experience for a parent. The pain and anger is even worse when it could have been avoided. The death of a child due to the negligent or intentional acts of others is heartbreaking. The state of California recognizes the right for grieving parents to file a wrongful death claim against those who caused the pain and suffering. If you are a parent who lost a child or knows someone who has, contact an experienced California accident lawyer who can help you through this difficult time.

What are damages a parent can claim?

Every case is different but generally speaking, a parent can claim the following as legal damages for the loss of his or her child:

  • direct expenses including hospital, medical bills and funeral cost
  • loss of future earnings potential – the amount the decedent child would have earned during his or her lifetime
  • loss of companionship (consortium) – the loss of community, love and affection and, if applicable, the financial support provided by the decedent child and the loss of benefits the decedent
  • child would have been entitled to in any trust or pension/retirement

Damages are generally financial or pecuniary but because each case is different, it’s important to speak with an experienced California accident lawyer. Some damages such as medical and funeral costs are easy to estimate but others such as pain and suffering and love and affection is more complex. Some factors that the court will consider are:

  • the nature of the parent’s relationship to the decedent child. In California, the closer the relationship between the child and parent, the more damages are presumed to be. Some evidence to
  • demonstrate the closeness of the relationship is through vacations and holiday photos, home movies, Mother’s Day and Father’s Day cards, etc.
  • how dependent the parent was on the decedent child. This would be applicable with an adult child in that the parent relied on the support of the child. Financial experts can be used to help determine this.
  • the anticipated lifespan of the decedent child – human life experts are sometimes used to quantify this.
  • the anticipated earnings and employment benefits of the decedent child. This is often very hard to determine if the child has not started his or her career.
  • the amount of comparative fault (if any) on the part of the decedent child. California recognizes the apportionment of fault theory which allows deductions in case value based on the percentage of any fault the decedent child may have contributed to accident-causing death.

Can parents of an unborn child bring a wrongful death case?

No. California law does not allow the recovery of wrongful death damages for the death of a fetus, even a viable fetus. However, if parents witnessed the negligence which caused the death of the fetus, they may be able to bring a lawsuit against the wrongdoer for negligent infliction of emotional distress. If the child was born alive, even if just a short amount of time, the parents can maintain a wrongful death action even if the injury which caused the death occurred before the child was born.

California Products Liability

When a child dies as a result of a dangerous product, a parent is able to sue for compensation. In order to win on a claim of a manufacturing defect in California, a plaintiff must show that:

  • the company or person sold, manufactured or distributed the product
  • the product contained a manufacturing defect when it left the custody or possession of the defendant
  • the plaintiff in the action was harmed by the defect
  • the products defect was a substantial factor in causing the harm

If your child or you know another parent who lost a child due to negligent behavior of third parties, you need to contact a California accident lawyer immediately for help.

CONTACT SOLANO COUNTY WRONGFUL DEATH ATTORNEYS FOR HELP

CALL (707) 422-1202 FOR FREE CONSULTATION

At the CHOYCE LAW FIRM, we understand the urgency of your legal matter and can provide the legal help you need. With over years of experience providing exceptional legal service throughout northern California, you can trust the attorneys at The Choyce Law Firm to handle your case aggressively and professionally. We fight diligently and strategically to ensure you get the compensation you deserve. Give us a call at (707) 422-1202 to speak to a personal injury attorney.

  • JACQUELINE SWINSON
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    This is my second time hiring Mr. Choyce for my son, who was charged with a criminal act. Both times that I hired Mr. Choyce, I was very impressed with his knowledge of the law, his professionalism, and the fact that he was relatable. He is trustworthy, tells you the truth about what you are facing. He is organized, he is a very good listener, came up with strategies that were appealing.I can’t say enough good about Mr. Choyce! I knew that he was going to give my son’s case everything he had, and he did!

  • JAMES CRAFT
    DUI Defense Client
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    Hiring the Choyce Law Firm was the best decision I made while trying to decide what to do after getting charged with a 3rd DUI. I tried to use a lawyer that I had previously used when in trouble with the law, he was near retirement and wasn’t able to give my case the attention I was looking for understanding that I was facing jail time. When contacting Mr Choyce we discussed my case and he told me he could help, he even knew my previous attorney. Mr Choyce was aggressive in fighting my case with filing motions on my behalf an trying to get my case dismissed, I was very pleased that he was not just looking to get the first deal the D.A. offered but was aggressively trying to win my case. Although we were not able to get the dismissal we were looking for he was able to keep me out of jail an I was able to serve my sentence on the EHD Program, which allowed me to keep my job an that was very important to me. Mr Choyce also handled a second case for me, I was charged with driving on a suspended license and no registration. Once again Mr Choyce was aggressive with this case and took it to trail an was able to get a not guilty verdict, which saved me a great deal of money in fines that would be pending with a guilty verdict. Overall hiring Mr Choyce and his team was the best decision I made, he provided great service at a respectable rate, an explained things as they were happening and with the charges I was facing I was very happy with the outcome of my cases that he handled. I would strongly recommend Mr Choyce and his team to anyone I know that needs legal representation he knows the law and will provide you with the best service you could hope for form a lawyer that wants to win.

  • JACQUELINE R.
    Personal Injury Client
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    “This is my second time using Mr. Choyce, and I would choose no one other than him. Both times that I hired him, it was for my son, and they were very serious cases. Mr. Choyce is smart, professional, practical, and relatable. He is a serious person, who listens, speaks in laymens terms, so that you understand what is going on. Not like some that I have experience, who talk over you, and dont take the time to really answer your questions.The second case got very close to going to trial, however, I was confident that I had the best of the best representing my son. Thank God that after willing to go to trial, we got a deal that, I think was a win win.I would definitely, without a question, hire Mr. Choyce again!”

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FAIRFIELD PERSONAL INJURY ATTORNEY

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