Antioch Wrongful Death Lawyer

The loss of a loved one is a devastating experience. When that loss is caused by a negligent party or person, the pain and grief are compounded. Family members may slip into a state of disbelief, refusing to acknowledge that their loved one will not be coming home. They may feel angry that someone was reckless enough to take their loved one’s life away. The family may also seek justice for an Antioch wrongful death by making the at-fault party financially accountable. This loss and the emotional reaction it generates is tragic enough. Yet, families also face financial stress due to medical bills, funeral expenses, and the loss of support provided by the departed.

Let’s look at the emotional aspects of wrongful death, ways to help a grieving family member, and how an attorney can help. We’ll also review what constitutes a wrongful death claim against the person or entity that caused the loved one’s demise, who can file and how to obtain justice for the deceased.

Table of Contents:

• Dealing with a Death in the Family
• How to Help a Grieving Person
• What Is a Wrongful Death?
• What is a Wrongful Death Lawsuit?
• Who Can File a Wrongful Death Lawsuit?
• Justice for a Loved One's Death
• How an Attorney Can Help

Facing a wrongful death due to another’s negligence or failure to act is never easy. In a moment, the person you cherish is gone without the chance to say goodbye. Learning that a loved one is gone catapults those left behind into a murky area filled with anger, loneliness, and grief. It is essential for families to pull together during this challenging and stressful time. It also helps to have the advice of a wrongful death attorney who can review the situation and has the resources to take on these often complex cases. While a wrongful death claim will not ease the family’s grief, it can help lessen their financial issues, allowing them to grieve without other worries.

There are ways family members can help a grieving person, such as:

• Visit with the bereaved. Allow them to control the conversation. It is unnecessary to interject your feelings about losing someone. In this tense time, some remarks may be taken poorly. Just follow the bereaved’s lead.
• Offer to help with household chores. Initially, the grieving person may be unable to tell you what they need. It is better to ask if they have a grocery list of items you can pick up or if they need anything from the pharmacy. By doing this, it narrows your offer down to specific items.
• Prepare meals that are quickly warmed up and drop them off at the person’s home. Make sure the bereaved person has no food restrictions.
• Offer to transport the person to doctor’s appointments or when they need to make arrangements at the funeral parlor as well as other outings. Sometimes, the person is so caught up in the wrongful death of a loved one, they might not pay attention when driving.

Wrongful death is the demise of an individual due to negligence or an intentional act. This means that someone or a government agency failed to act in a way that promotes the safety of others. There are different areas where a wrongful death can occur, such as:

• Motor vehicle accidents
• Pedestrian accidents
• Helicopter or plane accidents
• Product liability, including manufacturing and auto parts defects
• Bicycle accidents
• Medical malpractice
• Drunk driving accidents
• Boating accidents
• Construction accidents
• Transportation accidents, including Uber, taxi and bus crashes
• Driver errors such as texting
• Poor road maintenance leading to an accident

Watch the following video on wrongful death presented by attorney Ed Smith:

A wrongful death lawsuit is a way for a family to pursue financial recovery after a loved one dies due to negligence. This includes the recovery of all expenses for burial and funeral proceedings. It provides for finances to cover the support the person provided at the time of death and would have earned in the future. A wrongful death lawsuit also helps cover the expense of hiring someone to perform household tasks usually handled by the deceased. Loss of companionship and emotional support are included. Loss of insurance benefits and retirement earnings are also addressed.

The following individuals can file a wrongful death lawsuit as found in sections 377.60 through 377.62 of the California Code of Civil Procedures:

• Surviving spouse or domestic partner
• Putative spouse
• Immediate children who lived with the deceased and were dependant on them for support
• Stepchildren if they are supported by at least 50 percent by the deceased
• Parents if no spouse or children are present
• Siblings if no other immediate family members are living

Families are distraught over their loved one’s death and determined to prevent the same thing from happening again. One way to avoid this is to file a wrongful death lawsuit. This will act as a deterrent, keeping the negligent party from hurting another. For instance, an impaired driver might realize the gravity of what happened if they are facing a lawsuit. Alternately, a manufacturer who produces defective products might be coerced into fixing the problem when his or her company is involved in a claim. Our attorneys are experienced at finding civil justice for the loved one’s death even in the event it did not happen due to a criminal act. In some cases, a wrongful death lawsuit can be won even if the person was acquitted in a criminal trial.

Wrongful death claims can be filed when negligence is determined. This is true whether a doctor or a motor vehicle operator fails to act prudently and reasonably. That is where our investigative team begins. They are dispatched to the accident site to determine liability. We use legal and medical expert opinion and accident reconstruction techniques to determine how and why the death occurred.

On the other hand, if the at-fault party was convicted, that will help solidify the civil claim. Our investigators also obtain records that prove negligence, such as a video of an accident. They review police accounts for inaccuracies and procure evidence of fault by a government agency such as failure to maintain the roads. Once all information is compiled, it is released to our attorneys to build a strategic case for the bereaved family. 

I’m Ed Smith, an Antioch wrongful death lawyer. If you are going through a devastating time due to a loved one’s death by negligence, call me for free and friendly advice. You can also reach out to me online.

I belong to both the National Association of Distinguished Counsel and the Million Dollar Advocates.

I’ve helped Antioch residents for over 37 years with brain injuries, motorcycle accidents, and truck crashes, among other traumatic events.

Please take some time to learn more about my practice at the following links:

• Avvo
• Yelp
• Google
• Settlements and Verdict

Photo Attribution: https://pixabay.com/photos/death-funeral-coffin-mourning-2421820/; https://www.youtube.com/watch?v=B9-lg0clbRM

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