Folsom Wrongful Death Lawyer

Experienced attorneys that help family members after a wrongful death have the knowledge and skillset to gather the necessary documentation, proof, and resources for cases such as these. California’s laws expound on eligibility and requirements for proving negligence in a wrongful death lawsuit. Our attorney at The Law Offices of JG Winter may help you assess your case and direct eligible family members in the next steps. 

What Is Wrongful Death in California?

Many preventable accidents lead to unfortunate fatalities. In 2018, the National Safety Council discovered alarming statistics regarding avoidable deaths and reported a person is accidentally killed in the United States every three minutes. Car accidents, drownings, falls, and choking incidents were among the causes of a person’s death. 

California’s statute 377.60 defines wrongful death as:

“A cause of action for the death of a person caused by the wrongful act or neglect of another…”

Acts of violence, medical malpractice, workplace injuries, faulty products, and other circumstances are also examples of cases within wrongful death lawsuits. Although a cause of death is evident in some cases, having the grounds for a claim and proving the responsible party’s negligence or unlawful acts has specific requirements. An attorney may help surviving family members by evaluating their case and by hiring any professional personnel that may gather information and valuable proof to aid a case’s success. 

Surviving Family Members May Be Eligible to File a Claim 

Unfortunate events and accidents don’t only affect the person killed but also cause severe hardships for the family members and close individuals of that person. However, not every person related to or connected with the deceased is eligible to file a California wrongful death claim. Understandably, certain family members directly affected by an individual’s death, whether emotionally, mentally, or financially, may seek to recover compensation and hold the liable parties responsible for their actions. 

People who may be eligible to file a wrongful death claim include:

• A surviving spouse
• Domestic partners 
• Children and grandchildren 
• Stepchildren who were dependent on the deceased
• Any person entitled to the deceased’s property by way of intestate succession laws

In wrongful death cases, eligible family members may file a claim against the negligent party within the two years following the date of death. Failing to meet the deadline can lead to case dismissal and forfeiture of rights after losing a loved one. Hiring a knowledgeable Folsom wrongful death lawyer may help you avoid the added stressors of dealing with a lawsuit independently while navigating through this challenging time. 

Proving Negligence and Wrongful Action After a Fatal Accident  

There are many elements within a civil action lawsuit, such as in the case of wrongful deaths. Meeting the criteria of proving negligence and wrongful action in some instances is tricky. Regardless of the circumstances and complexity of a lawsuit, an attorney who knows the law may be able to provide the resources needed to meet the requirements for settling a case. 

Required proof and existing elements required in a wrongful death claim include: 

• An individual is deceased 
• The death is caused by another’s negligence or intent to cause harm 
• The surviving family is suffering monetary losses resulting from the person’s death
• An appointed individual is determined for the deceased’s estate or property

Meeting the standards of proof for a wrongful death case may appear differently in every case. However, a civil lawsuit does not require an intensity of criminal evidence, which is often seen in criminal cases. Proof can vary depending on the circumstances that caused an individual’s death and how the negligent party is to blame for the event. In some cases, a skilled legal team may find expert witnesses, investigators, and additional resources to add to solidify a point. 

What Kind of Compensation Can I Pursue After Losing a Loved One?

Losing a family member causes many hardships and struggles within various aspects of a family’s mental or emotional state, daily life, and financial standing. If you are looking to take legal action after a family member’s death, you may wonder what losses and damages are considered when determining a proper settlement. 

Types of damages and losses in a settlement may include:

• Expenses related to funeral and burial services
• Medical bills for the care and treatment of the deceased before their death 
• The potential earnings of the deceased if they were to still be alive
• A surviving family’s loss of financial support 
• Loss of consortium and companionship

Even when compensation is recovered for surviving families, no amount of money can amount to the loss of a close family member. Although, the damage of losing someone exceeds mental and emotional losses and may also cause severe financial hardships. Filing a claim and pursuing compensation can help ease some financial burdens.