It is 3:00 in the morning, and you wake up to a phone call from the Placer County Sheriff’s Office. You learn the devastating news that a loved one died in an accident. In a moment, your world is turned upside down, and you have no idea where to begin or how to move forward.

If you have lost a loved one in an accident due to someone else’s negligence, you could pursue a wrongful death claim to cover your losses. Call our experienced Loomis wrongful death lawyer at (916) 921-6400 for free, friendly, compassionate legal advice.

According to California law, a wrongful death occurs when a person has died as a proximate result of wrongdoing or negligence of another person or entity. A surviving family member, such as a spouse, partner, or child, can bring a wrongful death claim on behalf of the victim.

Under California law, any death proximately caused by negligence or recklessness can constitute a wrongful death claim. For example, the following types of incidents can serve as the basis for pursuing a wrongful death claim:

• A pedestrian hit by an automobile
• Boating accident
• Electrocution at a hotel or work site
• Surgical error
• Defective or dangerously designed products sold to the public
• Unsafe prescription medication or medical devices used by patients

When someone you love is killed in a preventable accident, you may understandably feel anger and hatred towards the at-fault individual. You may want them to be punished or locked away for the rest of their life. Such emotions are expected, but the purpose of a wrongful death lawsuit is not to fill the void left by the departed but rather to help make life easier for you and your family. Nevertheless, it may be possible for an at-fault individual to be held responsible both in a civil wrongful death lawsuit and in a criminal case with charges brought by the government.

There are important distinctions and differences among the states regarding wrongful death laws. This is why it is critical to determine which state is most appropriate to file a claim since some states have very restrictive statutes concerning the financial recovery available in a wrongful death lawsuit. There are also different statutes of limitations unique to each state that you need to be aware of. This is why speaking to an attorney well-versed in wrongful death law makes sense to discuss your legal rights.

Fulfilling a wrongful death lawsuit is possible if the deceased victim never held a full-time job. Compensatory damages may still be recoverable because the decedent may have contributed to your household in other ways. For example, the decedent may have been a stay-at-home parent who ran the home and raised the children. Losing this individual is a tremendous loss to the well-being of your family and can serve as the basis for financial recovery.

The following categories of damages, including economic damages and non-economic damages, are recoverable in a wrongful death claim:

• Accrued medical bills from treatment after an accident. This is especially relevant when a loved one was involved in a car wreck but remained alive and was treated at a hospital before death. In some circumstances, the decedent may have undergone surgery and wound up in a coma. The medical expenses associated with treatment are recoverable.
• Costs associated with your loved one’s funeral, including their burial.
• Loss of financial or household support. This is highly relevant when the decedent supports their family financially through a full-time job.
• Pain, suffering, emotional trauma, anxiety, etc.

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

The loss of a loved one in a preventable accident is a gut-wrenching experience far too many people have to endure. Our experienced Loomis wrongful death attorneys have been helping people during difficult times since 1982.

If someone you love has passed away due to negligent or careless actions, please call our injury lawyers at (530) 392-9400 for free, friendly, and compassionate advice.

See a list of our past cases on our verdicts and settlements page.

^{Editor’s Note: updated [cha 8.18.23] Photo by Xiaoyu Li on Unsplash sd rey [cs 761]}