Wrongful death is a topic that seldom crosses our minds until we are tragically confronted with its devastating reality after losing a loved one. The unimaginable pain and grief experienced in such circumstances are further compounded by the knowledge that the untimely demise directly resulted from another person’s or entity’s negligent actions. In these harrowing moments, surviving family members are in a complex and emotionally overwhelming situation. They are left grappling with a profound sense of loss, burdened by unspoken goodbyes, plagued by feelings of guilt, and haunted by the persistent question of whether they could have prevented the tragedy.

If you have tragically lost a beloved family member in an accident caused by someone else’s negligence, we understand the immense pain and confusion you are going through. During this profoundly challenging time, seeking legal guidance from professionals who can offer support, expertise, and compassionate advice is crucial. Our legal team is here for you.

By contacting our experienced attorneys, you can receive the help you need to navigate the intricate legal landscape surrounding wrongful death cases. We are committed to providing free, friendly, and compassionate advice to help you understand your rights and options. You don’t have to face this journey alone.

We invite you to call our legal team at (209) 227-1931 to schedule a consultation. During this confidential conversation, we will lend a compassionate ear, listen to the details of your situation, and offer personalized guidance tailored to your specific needs. Our goal is to alleviate some of your burdens and empower you with the knowledge necessary to make informed decisions about pursuing legal action.

Friends and family members are sympathetic when someone loses a loved one. However, they are not always sure how to express or show the empathy they feel as family members go through the different grief stages, from anger, shock, and disbelief to final acceptance. Some of the ways a friend or other family member can help include some of the following suggestions:

• Offer a listening ear to grieving someone, especially if it is a recent loss. People begin to address their grief by talking about losing a loved one.
• If you live a long distance, send a sympathy card or flowers, or donate to the deceased person’s favorite charity in remembrance.
• Send over food that you’ve prepared at home or order a meal to be delivered. Those grieving often forget to eat, and this kind of remembrance will be appreciated. Some people have food allergies, so asking first might be a good idea.
• Pitch in to help around the house when you visit. If you ask, the answer will probably be no, so just see what work needs to be done and do it, from washing dishes to mowing the lawn.
• Offer to accompany a person who is grieving to run errands or offer to drive them yourself. Because they are preoccupied, it might not be the best time to drive alone.
• If the grieving person is without family support, offer to accompany them to the funeral home to make the arrangements.

Along with losing their loved one, the family may face monetary hardship, especially if their loved one was a breadwinner. An experienced Los Banos wrongful death attorney can help survivors get compensation for that loss. It won’t help ease their grief; however, it can address the financial burden, so they can heal from their loss with less stress.

Members of the family who were supported by the decedent can become part of a wrongful death lawsuit. The following family members can file for wrongful death:

• The spouse or putative spouse
• Children in the household, whether natural or adopted
• Stepchildren who were supported at least 50 percent by the decedent
• Parents of a deceased child
• Putative spouse and children of the putative spouse

A wrongful death may occur due to the following causes:

• Car accidents: Traffic collisions are the most common cause of wrongful death. They may include a car, truck, bicycle, motorcycle, pedestrian, etc. A driver may run a red light, be drunk or distracted, or many other types of negligence. The one thing they have in common is that the death was unnecessary and was caused by someone’s lack of care toward others.
• Defective products: According to the U.S. Consumer Product Safety Commission, over 21,000 people die yearly from a defective product.
• Medical malpractice: Medical malpractice may range from a physician’s misdiagnosis to poor care in a hospital or a pharmacist’s wrong prescription. Surgical and treatment errors can also lead to wrongful death.
• Work accidents: Although workers’ compensation covers most fatalities in a work situation, a wrongful death lawsuit can be filed if a third party is the cause.
• Farm accidents: Common causes of farm accidents include rollovers, falls, and entanglements.
• Motorcycle crashes: A motorcycle accident is commonly caused by another driver. However, in some cases, a defective part, government negligence, or other causes are responsible.
• Pedestrian fatalities: Most pedestrian fatalities are caused by a negligent driver but can happen due to government negligence and other reasons.
• Common carriers: Carriers such as buses, taxis, and vehicles for hire can be held responsible if negligence is the fatality cause.

Watch the following video presented by Los Banos wrongful death lawyer, Ed Smith, to learn more about these types of cases:

Like in other personal injury claims, a wrongful death must be proved for family members to claim damages. Four areas must be shown:

• The entity or individual owed A duty of care to the person who died, such as behaving like an average, law-abiding person would in the same situation.
• The individual or entity failed in that duty.
• Because of the failure of care, someone lost their life.
• Monetary damages to the family arose because of that loss of life.

The heirs of those who lose a loved one because of wrongful death may claim financial compensation for the following:

• Funeral and burial expenses
• Loss of support the decedent would have provided in the future
• Loss of inheritance
• Loss of the deceased person’s guidance, care, and training for their children
• Loss of affection, comfort, and moral support
• Loss of household services, which may include car maintenance, lawn care, or other duties the decedent commonly performed
• Punitive damages if the individual died through egregious actions

Due to negligence, families who lost a loved one in Los Banos may file a wrongful death claim. While it will not ease grief, it can help the family move forward financially. Call one of our lawyers for free, friendly advice at (209) 227-1931 or (800) 404-5400 to see what options are available. See our past cases of Settlements and Verdicts.

^{Editor’s Note: updated 5.25.23 Image by Myriam Zilles from Pixabay cd ds [cs 1188]}