Accidents occur all too often, with some resulting in catastrophic injuries or even death in some extreme cases. When an incident claims the life of an individual, the decedent’s family is often left to deal with anger, grief, and frustration. While nothing may undo the tragic loss of a close relative, taking legal action, at the very least, provides closure for those left behind. Surviving family members can hold the opposing party accountable for their loss through a wrongful death claim. A successful case result can provide a family with the justice and financial compensation they need for a more secure future.

If you lost someone you love in an accident because of someone else’s negligence in Mather, California, our wrongful death attorneys are here to help. Schedule your free consultation with one of our experienced and compassionate lawyers at our law firm at (916) 921-6400 or (800) 404-5400.

Losing a family member is heartbreaking, and it becomes even more difficult when someone else is to blame for the loss. California wrongful death law serves to alleviate, to some extent, the financial and intangible hardship resulting from such an immeasurable loss. While taking legal action may be the furthest thing from the thoughts of survivors, it is essential to hold the at-fault party accountable and obtain justice on behalf of a lost loved one. Our experienced wrongful death attorneys serving Mather can help your family through the legal process and seek full compensation on your behalf.

A wrongful death action may be appropriate if an individual’s demise was the result of negligence or carelessness. This means that different types of accidents may justify the filing of a civil case. At our law firm, our practice areas include motor vehicle collisions, premises liability, product liability, and more. If your close relative was killed in another type of incident, call our law office to have one of our attorneys review your potential case in a free consultation. Our wrongful death attorneys in Mather understand the devastation of losing a loved one and want to help your family obtain justice for your loss.

The surviving spouse, domestic partner, or children of the deceased person generally have the right and priority to file a wrongful death case in California. This is set forth in CCP 377.60. If there are no surviving children, spouse, or domestic partner, the case may be brought by the deceased’s parents, putative spouse, stepchildren, and other family members who depended on the decedent for financial support. It is essential to consult with a lawyer with experience handling these cases to understand the specific requirements and details for filing these types of cases.

The burden of proof is on surviving family members and their attorney to prove four elements of a wrongful death case for a successful result, including:

• Duty of Care: The individual or entity owed a duty of care to the deceased person to prevent situations that may cause harm to others. For instance, a driver has a duty of care to operate their vehicle safely to avoid traffic collisions on the road.
• Breach of Duty of Care: The opposing party failed to provide an appropriate standard of care to the decedent. An example of a breach of duty in a fatal accident case is a motorist speeding, driving while under the influence, running a red light, and other careless actions causing a crash.
• Causation: The negligent party’s breach of duty was the direct cause of the incident that caused an individual to suffer fatal injuries. Evidence must establish a link between the defendant’s conduct and the fatal incident.
• Damages: The decedent’s demise in the accident caused economic and non-economic damages to surviving family members.

Economic and non-economic damages in a wrongful death case are based on the unique losses that surviving family members have experienced because of their loved one’s demise. In most cases, recoverable damages include funeral costs, past and future financial support the deceased would have contributed to the family household, the value of services the decedent provided to the family, loss of companionship, mental anguish, and other relevant losses. Conversely, survivors can seek reimbursement of medical bills for end-of-life care through a survival action.

Punitive damages are about the negligent party. The purpose of these damages is to serve as a punishment for the defendant for alleged egregious conduct and deter them from similar behavior in the future. A complete disregard for the lives of others on the roadway may be sufficient to demonstrate intent and the award of punitive damages for the plaintiff. In motor vehicle collision cases, punitive damages may be warranted if the opposing party was excessively speeding or driving while under the influence of alcohol or drugs leading to the incident.

What evidence is needed to prove liability?

The family and their attorney must present compelling evidence to prove a wrongful death case. It must be established that a loved one’s demise and associated losses occurred because of someone else’s negligence. Relevant and admissible evidence may include eyewitness statements, video surveillance footage, police reports, photos of the incident site, medical records, autopsy report, and more. An attorney from our law office can help your family gather related documentation to support your claim.

How much time is available to file a case in court?

The statute of limitations, codified in CCP 335.1, establishes that most wrongful death cases are subject to a two-year time limit. In cases where the defendant is a public agency, claimants have a maximum of six months or 180 days to file a notice of claim, per California Government Code Section 911.2. The case must be filed within this timeframe. Regardless of the circumstances, the court will most likely refuse to hear the matter once the deadline has passed.

Our knowledgeable and compassionate attorneys approach fatal accident cases with deep empathy. When you work with our legal team, we will handle all aspects of the process to allow you to focus on what is most important: your family. We offer invaluable services by:

• Provide ongoing support and guidance for survivors
• Conduct a thorough investigation into the circumstances of the incident
• Handle communication and negotiation with insurers and defense counsel
• Work with experts to demonstrate negligence and assess the extent of resulting damages
• Gather and preserve evidence establishing the elements of negligence in a wrongful death case
• Being available to survivors to answer questions, address concerns, and provide regular case updates as they occur

Our legal team takes great pride in protecting the rights and interests of our clients. We leave no stone unturned when seeking financial compensation for the families we represent. Our law firm will work diligently for a favorable result, whether that is through an insurance settlement or court-ordered award.

For additional information on filing a case for a fatal accident in California, reach out to our law office today. Schedule a free consultation with one of our Mather wrongful death lawyers at (916) 921-6400 or (800) 404-5400. We are available to review the specifics of your potential case and provide advice that is compassionate, free, and friendly. Our law firm also helps surviving family members with wrongful death cases in other areas of Sacramento County and throughout California.

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