Did you recently lose a loved one in a fatal accident in Salinas, California? Call Mercado Kramer, LLP at (888) 311-4050 to schedule a free consultation with an experienced Salinas wrongful death lawyer. We can help your family seek justice and pursue the full compensation you may be entitled to under California law.
We are a respected Salinas personal injury and wrongful death law firm with 18 years of combined experience handling serious, high-value cases. We have recovered substantial compensation for grieving families across Monterey County and beyond, so you can count on us to secure winning results for you as well.
Reach out today to set up a time to meet our Salinas personal injury attorneys and discuss your legal options for free.
Why Should I Hire Mercado Kramer, LLP After a Loved One’s Wrongful Death in Salinas, CA?
Not every law firm in Salinas, CA, has the dedication or resources to handle a wrongful death case effectively. At Mercado Kramer, LLP, we combine proven trial experience with a personal approach to client service.
Families across Salinas and the surrounding area turn to our award-winning Salinas personal injury lawyers because:
- We bring nearly two full decades of combined legal experience handling complex injury and wrongful death cases.
- Our attorneys have secured substantial recoveries for California families facing life-changing losses.
- We are recognized for delivering aggressive courtroom advocacy while maintaining compassion for our clients.
- We handle every case personally, meaning you won’t be treated like just another file number.
- We prepare every claim as though it will go to trial, which gives us leverage at the negotiation table.
We’ll be committed to your case from start to finish if you hire us to represent you. Contact our Salinas wrongful death attorneys today for a free consultation.
What Is Wrongful Death Under California Law?
A wrongful death claim arises when a person’s life is cut short due to another’s “wrongful act or neglect.” California law (Cal. Code Civ. Proc. § 377.60) allows specific surviving relatives to bring a lawsuit seeking compensation for the harm caused by the loss.
Eligible family members include:
- A surviving spouse or domestic partner
- Children of the deceased
- Grandchildren, if the victim’s children are no longer living
- Parents or legal guardians, in certain cases
- Other relatives who were financially dependent on the deceased
Wrongful death claims are civil actions, separate from any criminal case that may also be filed. Since the burden of proof is lower in a civil claim, you can still win your wrongful death case even if the criminal case does not result in a conviction.
California also allows for survival actions, which are claims based on the financial losses and pain and suffering that the deceased may have experienced after the accident and before their death. Unlike wrongful death cases, these claims can potentially lead to punitive damages, so it’s an option worth exploring.
How Much Is My Salinas Wrongful Death Claim Worth?
The value of a wrongful death claim depends on the unique facts of the case at hand. Courts consider both the economic contributions of the deceased and the emotional toll on surviving family members, among other factors.
Some of the factors that may affect the value of your case include:
- The victim’s age and overall health at the time of death
- Their income, career, and future earning potential
- The nature of the support they provided to dependents
- The emotional and financial impact on the surviving family
- Whether the victim shared any fault for the accident
Although no amount of money can replace your loved one, a financial recovery can provide stability as you move forward through this difficult time. Our wrongful death attorneys in Salinas will carefully calculate your damages and work to secure the full value of your claim.
What Damages Can Be Recovered in a Salinas Wrongful Death Case?
California law allows families to recover two primary types of damages in wrongful death cases: economic and non-economic damages.
The first category focuses on the financial contributions of the deceased, such as:
- Loss of expected income and benefits
- Value of household services the victim would have provided
- Funeral and burial expenses
- Medical costs related to the final injury or illness
The second category addresses the personal, non-economic harm caused by the loss, including:
- Loss of companionship, love, and support
- Loss of guidance and care for children
- Emotional suffering experienced by surviving family members
Pursuing a wrongful death claim allows you to hold the responsible party liable for what they’ve done while also securing financial resources that can help you going forward.
How Does Comparative Fault Work in California Wrongful Death Claims?
California follows a pure comparative negligence framework. This means that even if your loved one was partially responsible for the accident that caused their death, you can generally still recover compensation most of the time.
However, your recovery will usually be reduced in proportion to their share of the blame. For instance, if your family member was found to be 30% at fault in a fatal car crash, your total compensation would likely be reduced by that same percentage.
Insurance companies often try to shift blame and take advantage of this law. Fortunately, our wrongful death lawyers in Salinas know these tactics well and can respond effectively on your behalf.
How Much Does It Cost to Hire a Wrongful Death Lawyer in Salinas?
Our wrongful death lawyers in Salinas work on a contingency fee basis. This means that we must recover compensation for you to get paid for our work. The percentage we receive can vary depending on the case.
If you have any questions about the contingency fee payment system and how it will work in your case, feel free to reach out today for more information.
We Can Help With Any Type of Wrongful Death Case in Salinas, California
Our firm has the experience and resources to represent families in a wide range of wrongful death cases.
Common scenarios include, but are not limited to, the following:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Pedestrian and bicycle accidents
- Workplace accidents
- Construction site fatalities
- Medical malpractice
- Dangerous property conditions (premises liability)
- Defective products
- Acts of violence or intentional harm
So long as your loved one’s death was caused by someone else’s actions (or inaction), you may have grounds for a claim. Contact our personal injury lawyers today for a free consultation if you have any questions or would like to learn more.
What Is the Statute of Limitations for Wrongful Death Lawsuits in California?
California law sets strict deadlines for filing a wrongful death claim. In most cases, you typically have two years from the date of your loved one’s death to file a lawsuit in court. If you fail to file within this time frame, your claim could be dismissed, leaving you with no legal recourse.
However, note that there are limited exceptions that can extend or shorten the deadline, such as cases involving medical malpractice or government entities. The sooner you contact our lawyers for help, the better, as this can help ensure that your claim is filed on time.
What Is Negligence and How Do I Prove It in a Salinas Wrongful Death Case?
Many wrongful death claims in California are based on negligence. Negligence means that someone failed to act with the level of care a reasonable person would have used under the same circumstances. When that careless conduct causes a fatal accident, the responsible party can be held liable.
To succeed in a wrongful death case, your attorney generally must prove four main elements:
- Duty of care: The defendant had a legal obligation to act safely and avoid putting others at risk. For example, drivers must follow traffic laws, and doctors must meet professional standards of care.
- Breach of duty: The defendant failed to meet that duty by acting carelessly or recklessly. This might include something like speeding or driving under the influence, for example.
- Causation: There must be a direct and proximate connection between the defendant’s actions and your loved one’s death.
- Damages: You and your family suffered measurable losses as a result of the death, such as financial support and emotional suffering.
Each of these elements must be proven on a “by a preponderance of the evidence” basis, or around a 51% or higher likelihood. Forms of evidence you might use include eyewitness testimony, expert analysis, documentation, and more.
Contact Our Salinas Wrongful Death Attorneys for a Free Consultation
If you have lost a family member because of someone else’s negligence or misconduct in Salinas, California, you may be entitled to justice and a substantial financial recovery. At Mercado Kramer, LLP, our Salinas wrongful death lawyers are here to provide the guidance and advocacy your family needs during this trying time.
We have decades of legal experience and won’t hesitate to take your case to court if that’s what’s best. Call us today to schedule a free consultation and learn more about your legal options.
Visit Our Personal Injury Law Office in Salinas, CA
450 Lincoln Ave Ste. 102, Salinas, CA 93901
(888) 311-4050
Open 24/7
