Arcata Wrongful Death Lawyer
If someone in Arcata loses their life because another person or entity was negligent or reckless, the deceased's family may be able to get compensation for that loss. Although no compensation is significant enough to ease the grief of a family who has lost a loved one, holding the at-fault party responsible can help them continue their recovery. Talking to a compassionate wrongful death lawyer about their loss can help start that journey.
If you have lost a loved one in a tragic accident due to someone else's negligence, please call our experienced accident attorneys at (707) 564-1900 or (800) 404-5400 for a free consultation.How Our Arcata Wrongful Death Attorneys Can Help
We offer grieving families a sympathetic but aggressive approach toward claiming the compensation they deserve following the unexpected death of a loved one. We are committed to holding the negligent party responsible for their actions while treating you like a member of our own family. We have many resources for those grieving the loss of a loved one. Reach out to us to have your questions answered. There is no charge to call and discuss the legalities of filing a wrongful death claim. We take cases on a contingent fee basis. This means you pay only if we recover compensation.The Basis of a Wrongful Death Claim
A claim for wrongful death is brought against the at-fault party on behalf of their deceased loved one. Wrongful deaths are civil lawsuits that are filed by the family. If the act was intentional and charges are placed against the at-fault party in criminal court, it can result in a prison sentence. A claim for wrongful death can be filed in civil court in addition. Common types of wrongful death claims are:
- Traffic collisions involve a motor vehicle, pedestrian, bicycle rider, or others who die due to a person's or other entity's negligent actions.
- Accidents result in death because of an unsafe product manufactured or designed.
- A wrongful death happens on private, state, or federal property because of poor maintenance.
- Medical malpractice by a surgeon, physician, hospital, nurse, or others.
- An accident at the workplace due to unsafe working conditions.
Our team of wrongful death attorneys works hard to protect the family's interests and help them obtain the compensation they deserve. We have successfully handled many wrongful death claims over the years so that grieving families can face the future without financial stress and get justice for their loved ones.
Watch the following video to learn more about wrongful death claims.Who Can File a Wrongful Death Claim?
Members of the decedent's immediate family may join together to file a wrongful death claim in Arcata, including:
- Immediate family members such as the surviving spouse, putative spouse, and children may join the claim, whether natural or adopted. Stepchildren who received at least half of their support from the decedent and minor children of a deceased child.
- The personal representative of the estate of the decedent may file.
- Other family members, such as parents and siblings, may file if the decedent had no spouse or children.
California law states that just compensation can be awarded to those family members eligible to file. The financial damages that can be included are:
- Expenses for the funeral and burial can be recovered.
- The family would have lost the inheritance if the decedent lived can be claimed.
- Loss of financial support in the future until retirement age is recoverable, including insurance and pension benefits, etc.
- Loss of parental guidance, care, and training of the children is recoverable.
- The living spouse can claim damages due to the loss of consortium, affection, and moral support that the decedent provided.
- The loss of household services that the deceased family member provided can be recovered. This may include mowing the grass, caring for the children, servicing the family vehicles, etc.
The family could file a survival action if the loved one lived before they expired. Under California Code of Civil Procedure 377.30, the representative of the deceased's estate may claim to recover the losses that person suffered before their death, including medical costs, pain and suffering, and lost wages.Filing for Punitive Damages
If a felony homicide or particularly egregious act was the cause of the family member's death, they might ask the court to award punitive damages. Punitive damages punish the person who committed the act and discourage others from repeating the behavior. In many cases, the amount awarded in punitive damages is much higher than in a wrongful death claim. This award is in addition to damages awarded in a wrongful death claim.Expressing Your Sympathy Following a Wrongful Death
Losing a loved one can be difficult for family members, and others may not know how to show sympathy. Shock and denial may be followed by pain, guilt, anger, bargaining, and depression before family members begin to cope with their loss. Some ways in which others can help include:
- Many send sympathy cards, flowers, or phone the family to express their support.
- One of the most essential things a sympathetic person can do is be a good listener for grieving. Talking about their grief and loved ones is how people cope with the loss and relieve stress.
- An offer to drive someone to purchase groceries or pick up prescriptions can be welcome because deep grief can distract them and might not be the safest thing for them to do themselves. You can also offer to run errands, such as picking children up at school or shopping.
- It is customary in many places to send food as a home-prepared dish. Others order a meal for the family and send it to their home or apartment. When preparing for a funeral, the family often doesn't have time to cook or the inclination to eat unless it's ready.
- You can offer to accompany the person handling the arrangements to the funeral home. Having someone along can be welcome because this is such a difficult task.
Related articles by wrongful death lawyer Ed Smith:
When your loved one was killed due to a careless motorist, you may benefit from the advice of an experienced Arcata wrongful death lawyer about filing a lawsuit. We offer compassionate, free, and friendly advice when you call us at (707) 564-1900 or (800) 404-5400.