The sudden and completely unexpected loss of a loved one, whether a spouse, child, sibling, or parent, is one of the worst tragedies that can strike a family. The pain can often be so great as to affect someone for the rest of their life. The pain of loss is much worse when the death was caused by either the wrongdoing or negligence of another person or corporation.

If you lost a loved one in a preventable accident, you might be able to pursue justice and accountability through a North Highlands wrongful death lawsuit. This civil claim allows a family member or close relative of the deceased to seek financial compensation for their loss in court. This lawsuit can be brought by the surviving spouse, domestic partner, or surviving children. If the decedent had no spouse or children, the lawsuit could be brought by the decedent’s heirs or parents if the decedent was a child.

There are different wrongful death claims, given the broad definition of wrongful death. In general, any kind of neglect or wrongful act that causes death could potentially become a wrongful death. However, some types of claims arise more commonly than others. For example, California leads the nation in auto accidents, with over 3,000 people dying annually in traffic collisions. Some of the most frequent types of wrongful death lawsuits involve:

• Auto accidents
• Motorcycle crashes
• Truck collisions
• Pedestrian accidents
• Medical malpractice
• Defective products
• Nursing home abuse
• Premises liability

If they result in the death of a loved one, any of these incidents could serve as the basis for a wrongful death claim under California law.

A wrongful death claim is a civil lawsuit. Unlike a criminal case brought by the state government against a wrongdoer, a civil suit is brought by a plaintiff. In California’s wrongful death cases, the lawsuit is brought by a close family member of the decedent (i.e., the person who passed away).

The lawsuit must be filed by California’s statute of limitations. The statute of limitations bars any lawsuit not commenced within the required period. For wrongful death lawsuits, the statutory period runs for two years from the date of the death. Note also that in wrongful death lawsuits brought against the government (such as in the case of a city bus crash), the governmental entity being sued must be notified of the injury claim within six months of the incident.

Once the lawsuit is filed, it can either settle out of court or go to trial in front of a jury or a judge. Often, at least one insurance company will be involved in the lawsuit. For example, in the case of an auto accident, the offending driver is likely covered by auto insurance. In this case, the wrongful death lawsuit will primarily be fought against the insurer.

Wrongful death claims are designed to help compensate the grieving family for its losses. While we know that no amount of money can ever replace your lost loved one, legal compensation can help you recover funeral costs, medical bills, lost income and support, and loss of companionship. These damages are designed to reduce a family’s financial hardship after a sudden death.

The video below explains a wrongful death claim and the damages that can be claimed.

It’s never easy to lose someone you care about. If your loved one was taken as a result of another party’s negligence, we could help. Please call our experienced North Highlands wrongful death lawyers for compassionate, free and friendly advice. We can be reached at (916) 921-6400 or (800) 404-5400.

We have worked to serve the North Highlands and Sacramento community since 1982, helping people injured in accidents and their families recover.

We are members of the Million Dollar Advocates Forum and the National Association of Distinguished Counsel.

Learn more about us. See our past verdicts and settlements.

Editor’s Note: This page has been updated for accuracy and relevancy [cha 7.25.22]

Photo by: congerdesign image on Pixabay. 

:sid rey [cs 853]