When a loved one unexpectedly passes, no money can replace what you lost. Yet the loss of a loved one can result in significant financial strain, especially if the decedent was the primary breadwinner and took care of household expenses. This is why you should consider speaking to a Fair Oaks wrongful death attorney to discuss your legal options and whether it makes sense to file a wrongful death claim against the reckless individual or corporation that caused your loved one’s death.

If you have lost a family member in a tragic accident and believe it was due to negligence, call our wrongful death lawyers today at (916) 921-6400 for free and compassionate advice.

Under California law, when an individual or company is negligent or otherwise engages in unlawful conduct and those actions, or inaction, cause the death of an individual, it is considered a “wrongful death.” Causes of wrongful death that form the basis of wrongful death claims include the following:

• Car accidents caused by a careless driver
• Car accidents caused by a defective part
• Motorcycle accident caused by a reckless driver
• Pedestrian accident at a crosswalk
• Medical malpractice and surgical errors
• Accidents while at the workplace
• Defective products and prescription medications

When you file a wrongful death claim, you seek financial restitution for the emotional trauma and financial strain of losing your loved one. This means the economic and non-economic damages that are potentially recoverable through a wrongful death claim include:

• Medical bills incurred by your loved one from an accident before their death (e.g., someone is hit by a car, undergoes surgery, is in a coma for weeks, and ultimately passes away)
• Burial expenses
• Funeral costs
• Loss of future earnings (i.e., the reasonably expected income that the decedent would have earned throughout their lifetime if not for the tragic accident)
• Your pain and suffering include the loss of companionship, the loss of emotional support, the loss of guidance, and mentorship (if the decedent had a child)
• Punitive damages (if the case involves a defendant whose actions or inaction were grossly negligent)

If settlement negotiations fall apart and a jury trial is scheduled, the plaintiff (i.e., you) is responsible for presenting sufficient evidence to prove that the defendant was liable for your loved one’s death. An exception to this standard is in product liability cases where strict liability can be shown. Strict liability means you are not required to demonstrate that the defendant was negligent. Under strict liability, if you can prove that your loved one’s death was caused by the defendant’s conduct, whether the conduct was negligent or not, the defendant remains liable for your harm and losses.

However, most wrongful death cases will not involve strict liability. Instead, your injury lawyer must present evidence that meets the four critical elements of establishing that a defendant was liable in a wrongful death case. Those four elements include:

• Duty of care – This is a lеgаl оbligаtiоn arising in numerous situations. For example, a driver has a responsibility to abide by the basic rules of the road and applicable state laws.
• Brеасh of the duty of care – There needs to be evidence that the dеfеndаnt breached the duty of care. For example, if a driver was texting and driving and wound up hitting your loved one at a designated crosswalk, that is a breach of their duty to operate their vehicle safely and reasonably.
• Causation – Once your lawyer establishes that a breach of duty occurred, sufficient evidence must show a link between thе brеасh and your loved one’s death. In a fatal automobile accident, causation is not difficult to prove since the collision can, in many instances, speak for itself.
• Economic and non-economic dаmаgеѕ – Once causation is adequately shown, your Fair Oaks wrongful death lawyer must present persuasive evidence to the jury that you suffered harm and losses.