Did you lose a loved one in an accident in Monterey County, California? Contact Mercado Kramer, LLP for a free consultation at (888) 311-4050. Our Monterey County wrongful death lawyers are here to help your family take legal action against the responsible party and recover meaningful compensation as well as a sense of justice.
We are dedicated to serving accident victims and their families across Monterey County. With over a decade of combined experience and millions recovered for our clients, we focus on helping people rebuild their lives as best as possible after tragedy strikes. Our goal is to secure the full amount of compensation your family needs to move forward.
Get in touch with us today to learn more about our legal services.
Why Choose Mercado Kramer, LLP to Handle My Family’s Wrongful Death Claim in Monterey County, CA?
After the sudden loss of a loved one, the idea of navigating the legal system can feel overwhelming. You need a law firm that understands what your family is going through and that knows how to get real results. At Mercado Kramer, LLP, we offer a combination of compassion, experience, and a relentless drive to do right by our clients.
Families across Monterey County know they can count on us to help them make it through an especially difficult time, and for good reason.
Here’s what you can expect when you work with us:
- Support from the start: We know this is more than just a legal case; it’s about your family’s future. From your first phone call, we’ll listen and offer guidance so you always know what comes next.
- Decade-plus experience you can count on: Our Monterey County personal injury attorneys have spent years fighting for families after fatal accidents. We know California law and how insurance companies operate in these cases.
- Thorough case building: We don’t leave anything to chance. Our lawyers will internally investigate the accident, gather the right evidence, hire top-rated experts, and build a claim that reflects the full impact on your family.
- Negotiation and courtroom skill: Whether your case is resolved at the table or needs to go before a judge, we are prepared to advocate for every dollar you’re entitled to.
- Personal attention, every step of the way: You will have direct access to your attorney and a team that keeps you updated and involved as your claim moves forward.
We’ll take on the hard work so you can focus on what matters most: your family and honoring your loved one’s memory. Contact our Monterey County personal injury lawyers today for a free case review.
What Is Wrongful Death in California?
Under California law, a wrongful death occurs when someone dies because of another person’s “wrongful act or neglect.” The right to file a wrongful death claim exists so that surviving family members can seek compensation for their losses.
Not everyone is eligible to bring a wrongful death claim.
California law generally gives this right to:
- The deceased person’s surviving spouse or domestic partner
- The deceased’s children
- Parents or legal guardians, in some cases
- Other dependents or those entitled to the deceased’s property under state law
Importantly, a wrongful death claim is separate from any criminal charges that might be filed. These are civil cases, meaning that you may recover compensation regardless of whether the at-fault party is prosecuted or convicted in criminal court. The standard of proof is lower in civil court, requiring only a preponderance of the evidence (as opposed to the standard in a criminal case, which is beyond a reasonable doubt).
How Much Is My Monterey County Wrongful Death Claim Worth?
No amount of money can truly make up for the loss of a loved one, but a wrongful death claim can help secure your family’s financial future. California law allows surviving families to recover damages that reflect both the economic and emotional impact of the loss.
Factors that can influence the value of a wrongful death claim include:
- The age and health of the deceased
- The deceased’s earning capacity and employment history
- The nature of the relationship between the deceased and surviving family members
- The circumstances of the accident or event that caused the death
- Any medical expenses or funeral costs related to the death
- The pain and suffering endured by family members
Wrongful death claims can lead to substantial compensation, but getting the full amount you are owed can be difficult without experienced legal help. Our attorneys at Mercado Kramer, LLP can evaluate your case for free and fight for the recovery your family deserves.
What Damages Can I Recover in a Monterey County Wrongful Death Case?
The damages available in a wrongful death claim are designed to compensate your family for both financial and emotional losses.
In California, these may include:
- Loss of the deceased’s income and future earnings
- Loss of benefits (such as health insurance or retirement plans)
- Medical bills related to the final injury or illness
- Funeral and burial expenses
- Value of household services the deceased would have provided
- Loss of companionship, love, and support
- Loss of guidance and care
- Emotional pain and suffering of surviving family members
The specific damages you can recover will depend on the facts of your case. Our experienced wrongful death attorneys in Monterey County can help calculate your total losses and present the strongest possible claim on your behalf.
Who Can Be Held Liable for a Wrongful Death in Monterey County?
Liability for a wrongful death in California can extend to a wide range of individuals and entities (like a business or government agency). A claim can be brought against anyone whose negligence, recklessness, or intentional act contributed to the fatal accident.
In some cases, more than one party may share responsibility.
Possible liable parties in Monterey County wrongful death cases include:
- Careless drivers, motorcyclists, or truck drivers
- Employers or contractors who failed to maintain a safe work environment
- Manufacturers or distributors of defective products
- Medical professionals who provided substandard care
- Property owners who failed to address hazardous conditions
- Security companies or property managers in negligent security cases
- Individuals responsible for intentional acts or assaults
Determining liability can require a thorough investigation and careful review of the facts. If you hire our personal injury lawyers at Mercado Kramer, we won’t cut any corners when it comes to building your claim and demanding compensation from everyone who shares responsibility.
How Does Shared Fault Affect a California Wrongful Death Claim?
California follows a “pure comparative negligence” framework regarding the issue of contributory fault. This means that if your loved one was partly responsible for the accident that led to their death, your family’s recovery may be reduced in proportion to their share of fault. However, you can still seek compensation even if your loved one was partially at fault.
For example, if your loved one is found to be 30% responsible for the accident, the total damages awarded to your family will be reduced by 30%. Insurance companies often try to use this rule to limit the amount they have to pay. A qualified wrongful death lawyer can gather evidence and present your case in a way that protects your right to full compensation.
How Much Does It Cost to Hire a Wrongful Death Lawyer in Monterey County?
Most wrongful death attorneys in California, including ours, work on a contingency fee basis. This means you do not pay anything upfront to hire us. From there, your lawyer only gets paid if they recover compensation for you, usually as a percentage of your settlement or jury verdict.
At Mercado Kramer, LLP, we know that families are often under financial stress after an unexpected loss. Our contingency fee arrangement allows you to get the legal help you need without worrying about the cost. If we don’t win compensation for your case, you owe us nothing in terms of attorney’s fees.
How Long Do I Have to File a Wrongful Death Lawsuit in California?
There are strict deadlines for filing a wrongful death lawsuit in California. In most cases, you have two years from the date of your loved one’s death to bring a claim in civil court. If you miss this deadline, you may lose your right to recover compensation.
However, certain circumstances and exceptions can affect the statute of limitations. For instance, if a government agency is involved, you must file an administrative claim within six months before pursuing a lawsuit. If the case involves a minor or the circumstances of death are not immediately known, the timeline may be different as well.
To protect your rights, it is best to contact an attorney as soon as possible after your loss. Early action allows your lawyer to gather evidence and ensure that your claim is filed on time.
Schedule a Free Consultation With a Monterey County Wrongful Death Attorney
If you lost a loved one due to someone else’s negligence or wrongdoing, you do not have to face the future by yourself. Mercado Kramer, LLP is here to provide compassionate guidance and aggressive legal representation from start to finish. We understand the pain your family is experiencing and are ready to help you pursue justice.
Contact our Monterey County wrongful death attorneys today to schedule a free consultation. We’ll work hard to recover as much compensation for your family as we can.
