If you are reading this webpage, you may be experiencing a deep state of grief or even disbelief after someone important to you suddenly had his or her life taken away. You might feel trapped, angry at negligent parties, or nervous about how you will be able to go on. You might feel unable to breathe freely and have trouble leaving the house or dealing with the everyday tasks of daily life. These emotions are valid and a natural part of experiencing the tragedy of losing someone in a preventable accident.

For many, there was no warning that this tragedy would happen. You may not have been able to say goodbye to your loved one. In other cases, you may have been able to share an embrace with your loved one, not realizing it was the last time you’d be able to talk with him or her. In these cases, someone has been taken out of your life because of another party’s negligence. After this has happened, taking steps to help yourself recover is essential. One of these critical steps is consulting an experienced Eureka wrongful death lawyer who can investigate your case and pursue a just resolution.

I know the grief one experiences after a fatal accident can be overwhelming and that many people want to postpone calling a lawyer. Unfortunately, insurance companies and negligent parties are not going to wait. Responsible parties almost always get to work immediately, doing everything they can to investigate the accident and disclaim responsibility. For this reason, having an expert on your side as soon as possible is very important. The sooner a lawyer can begin working on your case, the more prepared he or she is to prevent vital evidence from being covered up.

Not only will a good Eureka wrongful death lawyer be able to begin working right away on preventing liable parties from disclaiming responsibility, but he or she will be able to handle all the essential details of your case. Having a lawyer representing you means you don’t need to worry about taking care of the paperwork, meeting legal deadlines, negotiating settlement payments, or any of the complicated aspects of claiming the money you deserve for the loss you have suffered.

“Wrongful Death” is a legal term that refers to the death of a person caused by the negligence or fault of another party and is outlined under the California Civil Code of Procedure 377.60. Responsible parties can be companies, individuals, groups of people, government bodies, and any entity determined to be negligent in the event of an accident. For example, a person found guilty of driving while drunk and a company that produces a dangerous product are parties that can often be considered responsible for fatal accidents.

A wrongful death case’s objective is to ensure that the people who have lost a loved one are fairly compensated for their losses. While a person can never be replaced, wrongful death claims seek recompense for both emotional and financial losses that family members and dependents of the decedent have suffered.

The damages that can be claimed in a wrongful death case vary and depend on the circumstances of each case. Some of the types of damages that are often pursued include:

• Medical Expenses – Often, injured parties receive medical treatment in an ambulance or at a hospital before they pass away. Costs related to these treatments are usually recoverable.
• Loss of Income – If your loved one was a source of income that you or your family relied on, you can seek payment for the money he or she would have been expected to make if the fatal accident had not occurred.
• Pain and Suffering – these damages are non-economic, meaning they have no set value. Determining how much these damages are worth can be difficult and may require a jury to decide. Pain and Suffering damages include loss of consortium, parental guidance, emotional trauma, and more.
• Loss of Household Services – Our loved ones improve our lives by performing services like cooking, cleaning, home maintenance, childcare, and more. These services are essential, and paying for them can be extremely expensive. For this reason, household service expenses can be pursued in a wrongful death claim.

Before a civil lawsuit is filed, your attorney will usually file a claim against the negligent party’s insurer. Over 90 percent of wrongful death cases are settled during negotiations that precede an actual court case. However, your case may be argued in court if an agreement cannot be reached. If your case is tried, your lawyer will take on the critical role of filing lawsuits, constructing a case, drafting necessary pleadings, collecting documents and admissions, taking legal depositions, and more.

The following video defines a wrongful death claim and what the term means.

If an avoidable accident has left your loved one with fatal trauma, please contact our Eureka wrongful death attorneys at (707) 564-1900 or (800) 404-5400. If you prefer, you can also reach us online. See our Verdicts and Settlements page.

^{Editor’s Note: updated [cha 7.10.23] Photo by Pavel Danilyuk ms [cs 890] cha}