Personal Injury LawyerSan Jose, CA
Personal Injury LawyerSan Jose, CA
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Wrongful Death Lawyers Who Stand Up for Families

If you’ve lost a loved one, we will be your advocates

Losing someone is always hard, but there is nothing more devastating than losing a loved one unexpectedly, often without even a moment of time to say goodbye. Your life will never be the same again. You need time and space to grieve. You also need to move forward and figure out what your life will look like, without the care and support of someone who mattered to you.

We’ve walked with families through some of their darkest days, and we’ve seen things that have absolutely broken our hearts. There are more struggles ahead, and we promise to guide you through them with care, compassion, and committed advocacy. We would be honored to listen to your story and explain your legal options. Schedule a free consultation with an experienced wrongful death lawyer at the Swanson Law Group.

What is a wrongful death claim?

A wrongful death is a death caused by someone else’s wrongful or negligent (that is, careless or reckless) action. A wrongful death lawsuit is essentially a personal injury lawsuit brought on behalf of someone who has died due to another person’s negligence. The goal of a wrongful death claim is to recover damages (financial compensation) for the costs associated with the death.

This is distinct from any criminal charges that may be brought in connection with the same death. For instance, if your loved one was killed by a drunk driver, you can pursue a wrongful death action against the drunk driver and potentially other parties, such as the bar that furnished them with alcohol, and that case is separate from any criminal charges, such as DUI or vehicular homicide, that the drunk driver may be facing.

A wrongful death can happen due to a motor vehicle accident, slip and fall, violent attack, defective product, medical malpractice, or any other form of negligence.

What damages can be recovered in a wrongful death claim?

Broadly speaking, there are two types of damages (financial compensation) in a wrongful death lawsuit: damages paid to the deceased person’s estate, and damages paid to the surviving family members. The damages paid to the estate are intended to compensate for losses the estate experienced due to the death, including:

  • Medical expenses during the deceased person’s final illness
  • Lost wages during the deceased person’s final illness
  • Funeral and burial expenses

The damages paid to the surviving family members are meant to compensate financial losses they have experienced because of the death, such as:

  • Loss of financial support and services the deceased person provided
  • Loss of care, companionship, affection, and guidance
  • Loss of future inheritance
  • Emotional distress

It may seem strange to pursue financial compensation after a death. You can’t put a price on a human life, and no amount of legal action can bring your loved one back. However, a wrongful death claim can provide your family with options to move forward. For instance, if the person who died was the primary caregiver for children, a wrongful death claim can provide income to allow the surviving parent to stay home. A successful wrongful death claim also provides a measure of accountability and closure by holding someone definitively responsible for your loss.

We will be your loved one’s voice

Life is precious. The law reflects that universal truth and provides recourse for wrongful death, but victims of wrongful death cannot speak for themselves. Our mission as wrongful death attorneys is to fight for those who no longer can. We will listen to your story, explain your options, and if you choose to move forward with a wrongful death claim, be your staunch advocate throughout the process.

Unfortunately, to an insurance company, even a tragedy is just another day’s work. Their objective is to pay as little as possible, and they will resort to pressuring, manipulating, and even gaslighting grieving families to protect their own interests. We will not stand for that. We will launch a full investigation to get to the bottom of your loved one’s death and hold the responsible parties accountable. Every person’s death has a ripple effect on the lives of the people around them, and we will listen to your story to understand all those effects and fight for your full recourse under the law.

This is a difficult process, and we can’t promise to make it easy. There will difficult, emotional days ahead. We can promise to walk with you and fight for you throughout the process, in negotiations and, if necessary, at trial. It is our deepest, most humbling honor when a family trusts us to be their loved one’s voice.

We would be honored to meet with you

We handle wrongful death cases on a contingency fee basis, which means there are no out-of-pocket costs and no hourly fees. We get paid only if we get a successful outcome for your family. In our free consultation, we’ll discuss your situation and how we might be able to help; there’s no pressure, only candid answers.

We understand talking to a lawyer may be the last thing on your mind right now, but it is important to act quickly, before evidence disappears and legal deadlines expire. Your family has rights, and you deserve to know what your options are. Contact us today to speak with an experienced wrongful death attorney.

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