Losing a loved one in a tragic accident is traumatizing, and the aftermath of the senseless death can last for years. The loss is even more challenging to accept when the death resulted from someone else’s negligence. The wrongful death often leaves surviving family members devastated, shocked, and confused.

If a family member was killed in a preventable accident in Diamond Springs or El Dorado County, consult an experienced wrongful death lawyer to discuss your legal options. Our Diamond Springs wrongful death attorneys at AutoAccident.com can provide free and compassionate advice. Call our law firm at (530) 392-9400 or (800) 404-5400 to schedule a free, no-obligation consultation.

When a person or company is careless, and negligence leads to a fatal accident, it is considered a wrongful death. Although most wrongful death cases are due to traffic accidents involving cars, motorcycles, trucks, bicycles, or pedestrians, other types of wrongful actions include:

• Boating accidents
• Dangerous business premises
• Work-related injuries
• Defective consumer products
• Nursing home abuse
• Medical malpractice

If your family member died due to someone else’s careless actions, you can pursue a wrongful death claim for monetary compensation. The lawsuit is brought in civil court, and you must show that the at-fault party caused an unlawful act or failed to take reasonable action in response to a situation. According to the California Code of Civil Procedure 377.60 – 377.62, the following heirs and surviving family members of the decedent may place a wrongful death claim:

• A spouse, domestic partner, or putative spouse.
• Minors who received at least half support from the decedent. This includes natural, stepchildren, and adopted children.
• Parents who obtained at least half support from the decedent.

Any expenses related to your loved one’s death and your pain and suffering can be recovered. Other economic and non-economic damages that could be obtained through a wrongful death claim include:

• Funeral and burial costs
• Medical expenses
• Loss of earnings and future earnings
• Retirement or pension
• Loss of companionship
• Inheritance
• Loss of household services
• Punitive damages
• Savings of the decedent
• Pain and suffering

The best way to know if you have a wrongful death claim is to consult a knowledgeable lawyer to discuss your case. An attorney will review your claim and determine whether you have a good case to move forward. Most wrongful death lawyers work on a contingency fee basis, which means they only get paid if you receive a monetary recovery. The attorney will take a small percentage once a fair settlement has been reached.

A lawsuit must be filed within a specific time frame for financial compensation in California. Surviving family members have two years from the death to file a wrongful death lawsuit. If the death was caused by a government entity, you have only six months to file a claim. Because of the statute of limitations, you should consider speaking to a wrongful death attorney for guidance.

Initiating a wrongful death lawsuit might not be a top priority when grieving. However, it’s important to recognize that insurance companies won’t pause and are likely already taking steps to minimize the compensation you deserve. Many insurance companies employ this strategy to propose inadequate settlements or even attempt to dismiss your wrongful death case entirely. This underscores the critical importance of securing legal representation as promptly as possible.

Hiring a wrongful death attorney in Diamond Springs makes sense when considering all factors to obtain full financial recovery from the negligent party. Your lawyer will handle the entire claim process, thoroughly investigate the incident, and work directly with the insurance company to negotiate a satisfactory settlement on your behalf. If necessary, a lawsuit will be filed.

Watch the following video for information on how to find the best accident attorney to handle your wrongful death claim.

When a loved one has been wrongfully killed in a tragic accident, you may suffer profound grief and experience financial difficulties. An experienced injury attorney can guide you to recover compensation for a wrongful death claim. Although nothing can bring your loved one back, the at-fault party should be held accountable for your loss. Call our experienced Diamond Springs wrongful death attorneys at (530) 392-9400 or (800) 404-5400 for free, friendly, and compassionate advice. You may also contact us through our online form.

Since establishing our law firm in 1982, our injury lawyers have represented many families in El Dorado County and Northern California. With four decades of personal injury experience, our legal team knows what we must do to obtain the best possible outcome for our clients. Contact our law firm to schedule a free consultation with one of our experienced lawyers when you are ready to discuss your case and learn about your legal rights.

^{Editor’s Note: updated [cha 10.24.23] Image by Gerd Altmann from Pixabay cha [cs 868]}