California Wrongful Death Attorneys at Sterns & Walker Fight for the Rights of Wrongful Death Victims and Their Families

OAKLAND, CA, November 12, 2010 (Press-News.org) If you have a loved one that has been killed in an accident, California law provides a way to recover damages from the party or parties responsible. In many instances, a fatality is due to someone else's negligence or reckless action and a wrongful death suit can be filed by the victim's survivors. At the Law Offices of Sterns & Walker, we understand the difficulties that you and your family face after the tragic death of a loved one. Our experienced wrongful death attorneys are here to assist you. We will strive to settle your claims as efficiently and quickly as possible, and we are prepared to litigate a wrongful death action on your behalf if necessary. Call the Law Offices of Sterns & Walker today for a free case evaluation.

What is a Wrongful Death Suit?

A wrongful death claim is a cause of action which results from the death of a victim, and is filed on behalf of the victim's surviving beneficiaries or dependents. It is a civil action rather than a criminal charge. A wrongful death law suit claims that the victim's death was caused, in whole or in part, by another's wrongful conduct. The death may be caused by the actions of someone or by his or her failure to act (neglect). In order to recover damages, it must be shown that there was a breach of duty (such as the failure of a driver to obey traffic laws and drive safely), that the breach of duty caused the victim's death, and that the victim's family suffered harm. It must be proved that the death would not have occurred without the wrongful act of a defendant. The time between the wrongful act and the death of the victim is not important as long as it can be shown that the defendant's action caused the death.

In California, damages are measured using a theory called "pure comparative negligence." This means that if the victim was partially responsible for his or her own death, the amount of damages that the victim's survivor's can recover is reduced by the victim's percentage of fault.

A wrongful death may result from any number of causes, some examples might include:

motor vehicle accidents
airplane accidents
boating accidents
defective products
medical negligence
criminal assault
toxic chemical exposure
work place accidents
premises liability (unsafe conditions on someone's property)

Under California's statute of limitations, a plaintiff must file a wrongful death lawsuit within two years of the death. However if the plaintiff is a minor, then the statute is tolled, or suspended, until he or she reaches the age of eighteen. Since the laws concerning a wrongful death lawsuit can be complicated, it is essential that you contact an experienced attorney as soon as possible.

California Wrongful Death Attorney

If your loved one was killed as a result of another's negligence or intentional act, you have the right under California law to hold the responsible party or parties accountable. It is essential that you contact the Law Offices of Sterns & Walker, where our experienced wrongful death attorneys can protect your rights and fight for the compensation that you and your family deserve. You may be able to recover damages for such things as medical, funeral, and burial expenses, loss of the victim's future earnings and support, and loss of love, companionship, guidance, comfort and household services.

Website: http://www.trial-law.com