It is impossible to prepare for the sudden and unexpected death of a loved one. That death is made all the more tragic due to someone else’s negligence or wrongdoing. In California, where death resulted from someone’s negligent actions or inaction, a surviving victim’s family member can file a wrongful death claim.

If you have lost a loved one in a tragic accident, call our Woodland injury lawyers at (530) 392-9400 or (800) 404-5400 for compassionate, free, and friendly advice.

In many instances where a person lost their life, criminal charges may be brought against the at-fault individual. For example, when a drunk driver hits and kills someone. Driving over the legal limit is a criminal offense and is the basis for a civil wrongful death claim. In a criminal case, the individual charged will look at possible jail time if convicted. In contrast, a civil lawsuit is predicated on the recovery of financial compensation for the surviving family.

A prime example of an accident where there may be criminal charges, and a civil claim occurred on the 10 Freeway in Fontana, CA. The driver of the Nissan Frontier crashed into the rear of another car. Two children died in the collision, according to the LA Times. Investigators at the accident scene discovered cans of beer inside the Nissan. This may result in the driver of the Nissan being charged criminally for operating their vehicle over the legal limit and being subject to civil liability.

As discussed, automobile accidents commonly cause wrongful deaths, especially when the at-fault driver is intoxicated, speeding, or texting on their cell phone. However, wrongful death can occur in various circumstances, including medical malpractice, a defective consumer product, a motorcycle accident, or even a vicious dog bite.

While this list describes some of the more common types of wrongful death cases litigated in California state courts regularly, the list is not exhaustive. Many other incidents resulting in death could be the basis of a wrongful death lawsuit. If you are unsure whether you have a case, it is strongly recommended that you contact an experienced Woodland wrongful death lawyer to discuss the legal options you may or may not have.

The objective of a wrongful death lawsuit is to help you and your family recover financial compensation after the unexpected death of a loved one to help ease the financial burden often associated with a sudden loss. No compensatory damages can truly heal the wound left by the death of your loved one, but receiving financial compensation from the at-fault individual can ensure the bills are paid and incurred expenses are reimbursed. The compensatory damages include any medical bills accrued when you’re loved one was in the hospital after the accident, funeral, and burial expenses, the loss of companionship and guidance provided by your loved one, and the financial support provided by your loved one.

A proverbial clock starts ticking when someone is seriously injured or killed in an accident. This clock is known as the statute of limitations. Under California law, a surviving family member only has two years from the accident that caused your loved one’s death to file a wrongful death lawsuit in a California court. Attempting to file a lawsuit after two years have passed will likely prove to be a fruitless endeavor. Additionally, the statute of limitations is even shorter if your loved one was involved in an accident with a city or state vehicle. In those cases, you must notify the government entity within six months. This is why immediate action is strongly encouraged.

The sudden and unexpected loss of a loved one is emotionally and psychologically devastating. We understand the trauma of wrongful death and are here to help. Call our Woodland wrongful death lawyers to discuss your legal options.

The following video further explains a wrongful death claim.

If you have lost a loved one due to someone else’s careless actions, we want to help you. Please contact our Woodland wrongful death lawyers for compassionate, free, and friendly legal advice at (530) 392-9400 or (800) 404-5400. We will review your case’s specifics and discuss whether pursuing a claim for wrongful death makes sense.

See our past personal injury cases on our verdicts and settlements page.

^{Editor’s Note: updated [cha 8.8.23] sb bw [cs 843] Photo by Pixabay}