Losing a loved one is devastating, no matter when or where it happened. It’s tough if the loss was preventable and caused by another’s negligence. Rosemont family members face grief, depression, anger, denial, guilt, and other emotions trying to cope. 

The family can recover compensation for losing their loved one by filing a wrongful death lawsuit. They may also hold the at-fault party responsible for their negligent actions. Our compassionate injury lawyers have successfully handled many wrongful death claims and can help your family recover the damages you deserve. Call our law firm at (916) 921-6400 for a free consultation.

Wrongful death is one where the decedent dies due to the negligence of another party or entity. Some of the major causes of wrongful death are as follows:

• Traffic accidents: Traffic crashes result in the highest number of wrongful death claims. The accident may involve a motor vehicle, motorcycle, truck, pedestrian, bicyclist, or others. Some causes include when a driver runs a red light, is inebriated, or is driving distracted. These types of negligence show a lack of duty of care toward others, and those who cause the death can be held accountable.
• Medical malpractice: From misdiagnosis to being given the wrong prescription or treatment, physicians, hospital personnel, and pharmacists can be held responsible for the death of a patient.
• Defective products: According to the US Consumer Product Safety Commission, thousands die each year from defective products. These deaths may be caused by defective auto parts, dangerous furniture or toys, or contaminated food.
• Accidents at work: Workers’ compensation provides coverage for most accidents that occur at work. However, if a third party was the reason for the fatality, the family could file a wrongful death claim.
• The government claims: Government entities maintain the roadway and public spaces such as parks and buildings. The family may claim damages if someone dies due to negligent maintenance, road design, and other reasons.
• Common carriers: Accident fatalities that occur due to a negligent driver of a taxi, bus, or vehicle for hire, such as Uber, Lyft, and others, may be held liable for a death when it was caused by negligence.  
• Farm accidents: Falls, entanglements, and rollovers are common reasons for a farm accident fatality, leading to a claim for wrongful death.

Evidence must be gathered to prove a wrongful death claim, and four areas must be shown: 

• The individual or entity that committed the act owed a duty of care to the person who died in the accident. The duty of care is how a law-abiding individual would have acted.
• The at-fault person or entity did not exhibit a duty of care.
• Because the at-fault party’s negligent actions cost the decedent’s life.
• The family suffered monetary damages because of the loss.

Members of the immediate family may claim financial compensation following a wrongful death. This includes the spouse or putative spouse, children, and others who received at least 50 percent of their support from the decedent. Compensation that can be claimed includes:

• Reasonable cost of end-of-life expenses
• Loss of future support by the decedent, including pension and insurance
• Loss of consortium, comfort, moral support, and affection 
• Loss of inheritance
• Loss of training, care, and guidance of the children
• Loss of household services, which includes duties performed by the decedent at home, such as lawn care and maintenance or childcare
• The family may claim punitive damages through a survival action if the death was egregious or intentional. A survival action occurred when the decedent lived for a time before expiring.

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

Friends, coworkers, and other family members don’t always know how to show the empathy they feel as others go through the stages of grief after losing a loved one. The suggestions that follow may help:

• Being a good listener is one of the best ways to help someone deal with grief. Talking about their loved ones is how people work through the stages.
• Send flowers or a sympathy card, and call to express your feelings.
• Prepare a dish for the family to share or order food to be sent to the house. People preparing for a funeral and grieving often don’t take the time to eat. 
• Offer to run errands or drive a grieving person to pick up prescriptions or groceries. Driving alone might not be the best option for grieving people because they can quickly become distracted.
• When you visit, help out around the house. Washing dishes, mowing the lawn, or watching children for a while can help remove that burden from the family.
• Offer to accompany a grieving person to the funeral home to make arrangements. This is their most challenging task, and a sympathetic person gives them a shoulder to lean on.

Losing a loved one is a tragic experience, especially if an intentional act or negligence was the cause. Placing a claim for wrongful death can help the family move forward financially and give them a sense of closure and justice. Contact our injury lawyers for free, friendly advice about whether your family can place a wrongful death claim. We can be reached at (916) 921-6400 locally or toll-free at (800) 404-5400 to see what options are available to you.

See our past cases of Settlements and Verdicts.

^{Editor’s Note: updated [cha 6.22.23] Image by Andreas Lischka from Pixabay cd cha [cs 931]}