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Wrongful Death Cases

Compassionate Support. Relentless Representation.

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Losing a loved one is never an easy experience. When your loss is complicated by the fact that an other's negligence, carelessness, or wrongful act played a contributing role in your loved one's death, these matters can become increasingly complex and overwhelming. At Duncan Law Firm, I offer my compassionate support and litigation experience to families forced to endure the struggles of a wrongful death.

I pride myself on taking the time to ensure that my clients are fully educated about their rights, the legal process, and what they can expect. The following preliminary information is meant to help families become better acquainted with California's wrongful death laws, including who is eligible to file a claim and how compensation is awarded.

What is wrongful death and who can file a claim?

As a legal term, wrongful death is used to describe the death of any person caused by the wrongful act or negligence of another. Such a situation may arise out of a variety of circumstances, including car accidents, truck accidents, medical malpractice, and others. When an individual passes as the result of another's wrongful act or neglect, certain family members of the deceased will be eligible to recover monetary compensation from the at-fault person or party.

Under the California wrongful death statute, § 3.77.60 - 3.7762 of the Code of Civil Procedure, wrongful death claims can be filed by the decedent's living spouse, domestic partner, or children dependent on the decedent. In the event that there are surviving immediate relatives, other family members who would be eligible to inherent property through intestate succession may be eligible to pursue a claim.

How is compensation awarded for wrongful death?

Compensation is awarded according to the facts inherent to a case. Generally, eligible family members are eligible to recover any physical, emotional, and / or financial damages resulting from their loved one's death. A decedent's pain and suffering, as well as the emotional damages suffered by their loved ones, will be considered by the court when awarding damages. Family members will also be eligible to recover financial expenses to cover any medical costs, funeral costs, and the loss of financial support of the decedent.

In certain cases that involve intentional misconduct or gross acts of negligence, families may also be able to obtain additional compensation in the form of punitive damages. Punitive damages are not awarded in every case, as they serve as further punishment and set an exemplary statement that deters others from committing the same acts. If punitive damages are applicable in a wrongful death case, I will work tirelessly to present clear and convincing evidence of a wrongdoer's intentional misconduct and / or egregious negligence to further maximize compensation.

Work with Duncan Law Firm. You Don't Pay Unless You Win!

At times of such tremendous turmoil, I know that families who have lost a loved one require genuine support and aggressive representation at all stages of their legal journey. I am here to guide you and your family through the unfamiliar wrongful death claim process, and I will make it a point to fight for the compensation you deserve. If you would like to learn more about filing a wrongful death claim, your rights and eligibility, and the ways in which I can help, then please do not hesitate to request a free case evaluation. Allow me to thoroughly review your case and explain what you can expect and precisely what I can do to be of assistance. Contact my firm today.

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Duncan Law Firm - Pleasanton Personal Injury Attorney
6200 Stoneridge Mall Road, #300 Pleasanton, CA 94588. View Map
The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.