The loss of a loved one in an accident is something most people can’t even imagine. You are left with various feelings, from shock and grief to disbelief. Additionally, you are stressed because you don’t know how to manage financially and emotionally without them. Further, you don’t know if the at-fault party will be held responsible for your loved one’s death or will continue on as if nothing happened. That makes your loss even worse because it is unjust.

Over my 37 years as a wrongful death lawyer in Rio Linda, I’ve helped many grieving families get the compensation they deserve after losing a loved one caused by negligence. AutoAccident.com is here to help you recover financial compensation when your burden might be at its worst. Although it won’t help with the family’s grief and sense of loss, it can ease the anxiety of wondering how future expenses will be covered.

The essential elements of a wrongful death lawsuit are that the at-fault person or entity owed a duty of care toward others and failed in that duty, which led to someone’s death. The decedent’s family has to show that the person failed to use appropriate caution and was liable for the accident, which led to the fatality. In addition, the decedent’s family has to show that financial loss was involved.

Wrongful death can occur in several different ways. They include:

• Traffic accidents are the most common cause of wrongful death. They may involve other motorists, pedestrians, bicycle riders, motorcyclists, or others.
• Defective products may result in a wrongful death, such as a dresser falling on a child, a defect in an auto part causing an accident, or a balcony that collapses.
• Work accidents can cause a wrongful death in some instances. This can happen if equipment lacks necessary safeguards, improperly trained workers, or others. Even if the deceased was covered under workers’ compensation, a lawsuit may be better if the accident was due to a third-party error.
• Dog bites can cause a wrongful death if the attacked person dies. The dog’s owner is monetarily responsible for the dog’s actions.
• Government negligence can cause the death of a family member. A faulty traffic light, untrimmed branches that obscure the driver’s vision, and other areas that point to the lack of maintenance mean that the family can hold the government entity in charge liable. However, the deadline for filing against a government entity is much different than other personal injury cases. Contacting a wrongful death lawyer in Rio Linda as soon as possible is essential.  If the claim is not filed in time, the family will be without recourse.
• Criminal acts that are intentional and cause someone’s death can be compensated. In addition, those who lose a loved one due to an intentional or egregious act may be entitled to punitive damages. Such damages are meant to punish the defendant. They are in addition to compensatory damages.
• Medical malpractice: A physician, hospital, or other medical professionals who fail in their duty of care to an individual can be held liable for their demise. For instance, this could happen when a person suffers a traumatic brain injury after a fall, but the doctor on duty in the ER fails to diagnose them accurately. The misdiagnosis is seen as a lack of proper care, and the doctor could be held responsible. The hospital could also be liable if the doctor is an employee.

Watch the following video presented by attorney Ed Smith that explains wrongful death claims:

When a loved one dies due to negligence by another, the family may claim compensation for the following:

• Funeral and burial costs
• Loss of support and inheritance
• Loss of earnings in the future
• Loss of consortium
• Loss of the love, care, companionship, and guidance of the decedent
• Benefit loss such as medical insurance and pension
• Value of the deceased’s services
• Mental anguish
• In some cases, punitive damages

Our legal team knows our client’s loss after a wrongful death. We feel their pain and empathize since most of us know what it is like to lose someone we love. We also understand their need to seek justice for their loved ones who can no longer do it themselves.

A wrongful death lawsuit is only successful if evidence of liability is found. To do that, we send our investigators to unearth such evidence. The way it is done depends on the type of accident. If it was a traffic accident, the investigators would go to the scene where they could talk to witnesses, obtain video from traffic cams, and use accident reconstruction techniques.

On the other hand, if the person died from a dog bite, the investigators will talk to neighbors, the animal’s veterinarian, and others to see if it had previous vicious tendencies. Finally, if the person died due to medical negligence, experts will be used to review charts and determine the cause of death.

After the evidentiary data has been compiled, the investigators release it to our legal team. Our lawyers use the information to build a strong case for the family. We leave no stone unturned to get to the truth. You can be sure the defendant’s lawyer will do the same for their client. Our duty is to our client the deceased’s family. Come in or reach out to us on the phone or virtually to discuss how to help. There is never a charge for this review. In addition, we do not charge a fee until the wrongful death case is won.

Losing a loved one can mean the family faces financial difficulties, pain, and sorrow. However, if negligence by another person or entity caused the death of your loved one, you may be able to file a wrongful death lawsuit to recover the financial loss and punish the wrongdoer. Please call me at (916) 921-6400 or (800) 404-5400 if you want my free and friendly advice.

For information about our firm, please visit Settlements and Verdicts.

^{Editor’s Note: updated [cha 9.5.23] Image by Gerd Altmann from Pixabay cd cha [cs 1055]}