A wrongful death accident occurs when a person dies due to another individual or entity’s negligence, recklessness, or intentional actions. Wrongful death cases can arise from various accidents, including car accidents, medical malpractice, workplace accidents, and defective products. In a wrongful death case, the deceased person’s family members or other beneficiaries may be entitled to compensation for the financial losses and emotional suffering they have experienced due to their loved one’s death. It is essential to seek the assistance of an experienced wrongful death attorney to pursue a claim and ensure that your rights are protected.

If you have lost a loved one in a tragic accident due to someone else’s negligence, call our Antelope wrongful death attorneys at (916) 921-6400 or (800) 404-5400 for free, friendly, and compassionate advice.

Losing someone unexpectedly can be a devastating experience, and it can cause a wide range of emotions, including shock, disbelief, anger, sadness, and numbness. The sudden loss of a loved one can leave family members and friends struggling to cope with the reality of the situation and the unexpected void in their lives.

In addition to the emotional impact of losing someone unexpectedly, there may also be financial consequences. If the deceased person was the primary breadwinner in their family, their death could result in a significant loss of income and financial instability. This can cause additional stress and anxiety for those left behind.

While it is impossible to fully recover from the loss of a loved one, seeking the support of family, friends, and professional counselors can help individuals cope with their grief and begin to move forward. Moreover, seeking a skilled wrongful death attorney’s assistance can ensure justice is served, and the family is fairly compensated for their losses.

Compensation in a wrongful death lawsuit is referred to as “damages.” There are two types of damages – economic damages and non-economic damages. The types of damage you may be able to pursue include medical bills (if, for example, the decedent was transported and treated at a hospital for emergency medical treatment before their passing), costs associated with the funeral and burial of your loved one, their future earnings (especially if they were of working age and a primary provider to their family), and the emotional damage associated with losing a loved one.

The amount of damages for future earnings could result in a substantial amount, depending on the age and chosen profession of the decedent. For example, if the decedent was 45 years old, assuming they had another 20 years left to work and generate income is reasonable. Their salary at the time of death was $50,000 annually, meaning a future earnings award could be $1 million. Your Antelope personal injury lawyer should be able to retain the services of experienced economists and experts to properly project the amount of future earnings of your loved one.

It’s also important to remember that California courts have declared that damages for wrongful death are not limited to losses with a specific economic value. Instead, the measure of damages is the value of the benefits the heirs may expect to obtain from the deceased if they lived. 

Watch the following video to learn more about wrongful death claims.

Some ask if it is possible to file multiple wrongful death lawsuits for one decedent. Generally, that is not allowed. California Code of Civil Procedure Section 377.60 states that only a specific list of individuals can legally file a wrongful death claim. Those individuals include:

• The surviving spouse or domestic partner, if the decedent was married at the time of death
• Any child of the decedent
• If there are no surviving children or surviving spouses, then any person who would be entitled to the decedent’s property through intestate succession laws
• The decedent’s personal representative, on behalf of those authorized to bring the suit

The death of your loved one in an accident does not automatically mean you will receive financial restitution from the insurance company or a jury. There are legal hurdles put in place that a plaintiff must overcome to prevail in a civil lawsuit against a defendant.

First, you must prove that the defendant owed a duty of care to your loved one. For example, the operator of a motor vehicle must comply with all local traffic laws and regulations. If they fail to do so and someone is killed, that is considered a breach of duty, the second element you must prove in a wrongful death case. You need to show that the defendant violated the law in some way to help establish liability. 

Once sufficient evidence of a breach exists, your Antelope wrongful death lawyer must show that the defendant’s reckless actions caused your loved one’s death, which is relatively simple in most cases. Finally, you need to introduce sufficient evidence of damages. Again, this should not be difficult to meet since the sudden loss of a loved one in an accident significantly harms a family.

A common question asked is whether a wrongful death claim will need to be resolved in court or if it will be resolved via settlement. There is a good chance that your wrongful death claim will be resolved through settlement or mediation without a full-fledged jury trial. In fact, most personal injury cases are resolved out of court instead of going before a jury. Nevertheless, no injury lawyer should guarantee that your case will settle because each case is different. A jury trial may be necessary to obtain the financial restitution you deserve.

You may be struggling financially due to the loss of your loved one. You may have concerns over overpaying hefty legal fees to retain an Antelope wrongful death lawyer. Have no worries. Wrongful death lawyers rarely, if ever, charge an hourly rate for their services. They also do not require you to pay a hefty retainer fee. 

Instead, personal injury and wrongful death attorneys operate on a “contingency fee.” Your lawyer’s fee will be deducted from the final settlement or verdict you would receive for your injury or wrongful death claim. If your attorney loses or cannot obtain money on your behalf, they generally will not require payment from you for their legal services.

In California, there is a finite time in which a wrongful death lawsuit can be filed gеnеrаllу wіthіn twо years оf thе dаtе оf death. It is even shorter if your loved one was killed by a city or state government vehicle (e.g., a city bus) operator. An administrative claim must be filed within six months of the incident. As you can see, swift and immediate action is strongly recommended.

If a family member has passed away due to someone else’s negligent or careless actions, please contact our Antelope wrongful death lawyers at (916) 921-6400 or (800) 404-5400. Our accident attorneys can provide free, friendly, and compassionate advice about moving forward with a wrongful death claim.

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

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