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.
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.
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.
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.
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.
Wrongful death is a death caused either wholly or in part by a third party’s negligence or intentional misconduct.
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.
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”.
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.
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.
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.
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.
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.
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.
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.
Comparative negligence is when the defendant is partially at fault, instead of 100% at fault.
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.
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.
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.
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!
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.
“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!”