Wrongful Death Attorney in Modesto, CA
Losing a loved one due to someone else’s negligence is a tragedy beyond measure. In this time of grief, you want and deserve justice—but climbing the legal mountain ahead of you can feel impossible. You need a skilled, compassionate, and dedicated attorney who will fight through the many obstacles that insurance representatives, corporate lawyers, and high-powered companies will try to throw in your way.
Derek L. Casey has helped many California families hold negligent parties accountable for their actions. Our firm will not be intimidated by the tactics of insurance companies—and we won’t let them take advantage of your grief to get out of their liability. Instead, we’ll be your advocate, fighting for full compensation while you focus on healing and moving forward with your life.
When to Hire a Personal Injury Attorney for Wrongful Death
If someone you love was killed due to the actions (or lack of action) of another person, you should talk to a wrongful death attorney to review your case. We will investigate the circumstances to prove fault, advise you of your strongest legal options, determine your losses (both economic and non-economic), and do our very best to win maximum compensation for your family.
Derek L. Casey has helped families receive compensation for wrongful deaths caused by many forms of negligence, including but not limited to:
Wrongful Death FAQs
California’s Code of Civil Procedure § 377.60 states that certain surviving family members can work with a personal injury attorney to assert a wrongful death. You are eligible to file a claim if you are:
- The spouse or domestic partner of the deceased
- The child or grandchild of the deceased
- Named in the deceased person’s will or otherwise entitled to their estate
- The legal parent or guardian of a deceased child
A skilled personal injury lawyer will help you determine what damages you can claim related to the death of your family member. These typically fall into three categories:
- Economic damages are financial expenses, such as medical bills from the accident, funeral and burial costs, and property damage.
- Non-economic damages are emotional damages, such as suffering and mental anguish. These can be difficult to measure, and therefore require the skill of an experienced wrongful death attorney to quantify.
- Punitive damages are additional financial penalties designed to punish the at-fault party if they acted intentionally or with gross negligence.
Every case is unique, but generally speaking, we must prove four major points:
- Negligence: The death was caused either partially or in full by the defendant’s negligence.
- Breach of duty: The defendant owed a duty of care to the victim (such as obeying the rules of the road) and breached that duty.
- Causation: The victim’s death was more likely than not a direct result of the defendant’s actions or lack of action.
- Damages: We must have a quantifiable list of damages, including economic and non-economic losses.