Wrongful Death Attorneys in Monterey County, CA
Fighting For Those Who Have Lost Loved Ones Due To Negligence in California
Wrongful death cases are available in the event of the death of a loved one due to the negligence or legal fault of another. The persons with the right to make a claim caused by the loss of their loved one include family members, decedents (heirs), and dependents of the decedent. If your loved one’s death was caused by the negligence of another person, the intentional act of another, or due to a defective product, JRG Attorneys at Law can represent your interests and seek a settlement or verdict for damages you have suffered.
Veteran trial lawyer Robert (Bob) Rosenthal leads the personal injury department at JRG. With over 40 years of legal experience, which includes over 150 trials, Attorney Rosenthal has the know-how to protect your rights and pursue justice in your loved one’s name. If you’re looking for a Monterey County wrongful death lawyer who will put your needs first while fighting for fair compensation, you need to look no further.
Have you lost a loved one because of someone else's negligence? To find out how our Monterey County wrongful death attorney can help you, call (831) 228-5619. Your consultation is free and confidential.
Common Causes of Wrongful Death
Wrongful deaths can arise from various circumstances. Understanding the common causes can help families identify when they may have a valid claim.
- Motor Vehicle Accidents: Motor vehicle accidents are a leading cause of wrongful death. These accidents can involve cars, trucks, motorcycles, bicycles, and pedestrians. Common factors contributing to fatal accidents include speeding, distracted driving, driving under the influence of alcohol or drugs, and reckless driving. If a loved one has died because of another driver's negligence, you could be entitled to seek compensation.
- Medical Malpractice: Medical professionals are expected to deliver a standard level of care to their patients. When they fail to do so, and their negligence results in death, it may be considered medical malpractice. Examples of medical malpractice include misdiagnosis, surgical errors, medication mistakes, and neglect to provide appropriate treatment. Pursuing a wrongful death claim in such cases can be complex, requiring thorough investigation and expert testimony.
- Workplace Accidents: Workplace accidents could result in wrongful deaths, especially in industries like construction, manufacturing, and transportation. Employers are accountable for maintaining safe working conditions and providing proper training and equipment. When they fail to meet these obligations, and a worker dies as a result, the employer or a third party may be held liable. Common workplace accidents leading to wrongful death include falls, machinery mishaps, and exposure to hazardous materials.
- Defective Products: Manufacturers have a responsibility to ensure that their products are safe for consumer use. When a defective product causes a fatal injury, the manufacturer, distributor, or retailer can be held accountable. Defective products can include automobiles, medical devices, household appliances, and children's toys. Claims involving product liability require demonstrating that the product was inherently dangerous and that the defect directly caused the death.
- Premises Liability: Property owners are responsible for maintaining safe conditions on their premises. If a hazardous condition leads to a fatal accident, the property owner may be held responsible under premises liability law. Examples of premises liability cases which includes slip and fall accidents, drowning in swimming pools, and fatal injuries caused by inadequate security. Proving negligence in these cases involves showing that the property owner knew or should have known about the hazardous condition and failed to take appropriate action.
Who Gets the Money in a Wrongful Death Lawsuit?
In California, the immediate family or heirs of a person who has lost his or her life due to negligence or legal fault may be entitled to financial compensation. In addition to serving the purpose of holding the at-fault party accountable, this compensation can help surviving family members face a more stable future.
Compensation in a Wrongful Death Case
Damages in a wrongful death claim may include:
- Funeral costs;
- Unpaid medical expenses;
- Pain and suffering;
- Loss of companionship or care;
- Loss of expected income or earnings after death;
- Loss of inheritance; and
- Loss of employment benefits or insurance from the decedent’s loss of employment.
In some cases, attorney fees and punitive damages may be awarded if the conduct causing the wrongful death was due to the fraud, oppression, or malice of another. An example may be a willfully reckless or drunk driver who causes a fatal car accident.
What is the Statute of Limitations For a Wrongful Death Claim in California?
California's wrongful death statute of limitations prevents surviving family members from filing a wrongful death lawsuit more than 2 years after the date of the individual's death. If you wait too long to file your case, you may lose the right to file your claim at all.
Can I Sue For Emotional Distress?
If you are suffering emotional distress due to the wrongful death of your loved one, our firm is ready to help you seek justice. Emotional distress may result in anxiety, fear, stress, or another symptom that you did not have before your loved one's passing. Take legal action right away!
How Can I Prove Emotional Distress?
In order to win your case, your family and/or friends may need to testify that your trauma has indeed resulted in emotional distress, negatively impacting the way you now function. Your job, your ability to drive, your sleeping patterns and more may be struggling due to your distress, this may also need to be proven.
Contact Our Wrongful Death Attorney in Monterey County Today
Wrongful death cases can be extremely difficult, requiring a lawyer who not only knows the lay of the land from a legal standpoint but who can provide much-needed guidance and support to a grieving family. At JRG, we take a dual approach to these cases. We provide experienced legal counsel and compassionate, personalized client service to help our clients through these tough times. With Monterey County wrongful death attorney Bob Rosenthal and our support staff on your side, you can experience much-needed peace of mind.
Contact our firm at (831) 228-5619 today to discuss your claim with our Monterey County wrongful death lawyer.
Testimonials
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"I will continue to use your firm and know that each time I need legal help, your firm will give me the personal attention needed to resolve the question or matter at hand."Michael J. Groves, President EMC Planning Group, Inc.
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"I give him my highest recommendation and look forward to working with him again soon."Kim Morgan, Director- UBS AgriVest LLC
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"Your dynamic team of specialized attorneys and paralegals who seemed to take a personal interest in the ongoing litigation especially impressed us."Otto Kramm- Mission Organics
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"I always felt that I was the firm’s number one client. I highly recommend JRG to anyone that may need its services."Chase Kaljian, Senior Manager of Real Estate & Facilities- Driscoll Strawberry Associates, Inc.
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"I always felt that I was your number one client, even though I know that you have many other clients that need your services. The results are all that matters in the long run, and your firm has always obtained good results for us."Carole Forest- Past President, Bernardus LLC; Baylaurel LLC
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"I would recommend your firm to any other agricultural businesses that find themselves having to address these issues. I give you and your firm the highest recommendation."John Jackson- Beachside Produce LLC
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"You have always provided prompt and timely advice and been available to help even in the evening and on weekends."Kent Dawkins- Van Schaack Land Company