Diamond Springs Wrongful Death Lawyer


Losing a loved one in a tragic accident is traumatizing, and the aftermath of the senseless death can last for years. The loss is even more challenging to accept when the death resulted from someone else's negligence. The wrongful death often leaves surviving family members devastated, shocked, and confused.

If a family member was killed in a preventable accident in Diamond Springs or El Dorado County, consult with an experienced wrongful death lawyer to discuss your legal options. Our Diamond Springs wrongful death attorneys at AutoAccident.com can provide you with free and compassionate advice. Call our law firm at (530) 392-9400 or (800) 404-5400 to schedule a free, no-obligation consultation.

What is Wrongful Death?

When a person or company is careless, and negligence leads to a fatal accident, it is considered a wrongful death. Although most wrongful death cases are due to traffic accidents involving cars, motorcycles, trucks, bicycles, or pedestrians, other types of wrongful actions include:

  • Boating accidents
  • Dangerous business premises
  • Work-related injuries
  • Defective consumer products
  • Nursing home abuse
  • Medical malpractice
Who Can File a Claim for Wrongful Death?

If your family member died due to someone else's careless actions, you are entitled to pursue a wrongful death claim for monetary compensation. The lawsuit is brought in civil court, and you must show that the at-fault party caused an unlawful act or failed to take reasonable action in response to a situation. According to the California Code of Civil Procedure 377.60 - 377.62the following heirs and surviving family members of the decedent may place a wrongful death claim:

  • A spouse, domestic partner, or putative spouse.
  • Minors who received at least half support from the decedent. This includes natural, stepchildren, and adopted children.
  • Parents who obtained at least half support from the decedent.
What is Recoverable in a Wrongful Death Claim?

Any expenses related to your loved one's death and your pain and suffering can be recovered. Other economic and non-economic damages that could be obtained through a wrongful death claim include:

  • Funeral and burial costs
  • Medical expenses
  • Loss of earnings and future earnings
  • Retirement or pension
  • Loss of companionship
  • Inheritance
  • Loss of household services
  • Punitive damages
  • Savings of the decedent
  • Pain and suffering
How Do I Know if I Have a Wrongful Death Claim?

The best way to know if you have a wrongful death claim is to consult with a knowledgeable lawyer to discuss your case. An attorney will review your claim and determine whether you have a good case to move forward. Most wrongful death lawyers work on a contingency fee basis, which means they only get paid if you receive a monetary recovery. Once a fair settlement has been reached, the attorney will take a small percentage.

How Long Do I Have to File a Wrongful Death Claim?

A lawsuit must be filed within a specific time frame for financial compensation in California. Surviving family members have two years from the death to file a wrongful death lawsuit. If the death was caused by a government entity, you have only six months to file a claim. Because of the statute of limitations, you should consider speaking to a wrongful death attorney for guidance.

How a Wrongful Death Lawyer Can Help With Your Case

Pursuing a wrongful death suit may not seem crucial while you are grieving. However, the insurance company is not waiting and will likely be working on reducing your damages. Most insurance companies use this tactic to offer lowball settlements or get your wrongful death case dismissed altogether. That is why it is essential to retain legal counsel as soon as possible.

Hiring a wrongful death attorney in Diamond Springs makes sense when considering all factors to obtain full financial recovery from the negligent party. Your lawyer will handle the entire claim process, conduct a thorough investigation of the incident and work directly with the insurance company to negotiate a satisfactory settlement on your behalf. If necessary, a lawsuit will be filed.

Watch the following video for information on how to find the best accident attorney to handle your wrongful death claim.

Wrongful Death Attorneys in Diamond Springs, CA 

When a loved one has been wrongfully killed in a tragic accident, you may suffer profound grief and experience financial difficulties. An experienced injury attorney can guide you to recover compensation for a wrongful death claim. Although nothing can bring your loved one back, the at-fault party should be held accountable for your loss. Call our experienced Diamond Springs wrongful death attorneys at (530) 392-9400 or (800) 404-5400 for free, friendly, and compassionate advice. You may also contact us through our online form.

Since establishing our law firm in 1982, our injury lawyers have represented many families in El Dorado County and Northern California. With four decades of personal injury experience, our legal team knows what we must do to obtain the best possible outcome for our clients. Contact our law firm to schedule a free consultation with one of our experienced lawyers when you are ready to discuss your case and learn about your legal rights.

See how we have successfully helped our clients obtain verdicts and settlements on their behalf.

Editor's Note: This page has been updated for accuracy and relevancy [cha 11.4.22]

Image by Gerd Altmann from Pixabay

cha [cs 894] bw

Client Reviews
"Me and my wife; had a car accident. We were amazed how easy, professional, friendly attorney Ed Smith is along with his staff. Everybody is amazing. Thank you so much, we are very impressed!" Alex & Dinah M.
"Ed Smith and his office team took on a difficult personal injury case on my behalf and for the passenger in my car. Ed is a top- notch attorney. His staff couldn't have been more helpful and kind. No need to look elsewhere. I give Ed Smith my highest recommendation." Beverly
"Ed and Robert have been taking great care of my husband and I for the past 5+ years. They are always there when you have a problem and a quick resolution! Even when the issues have nothing to do with them. They are willing to help ease the pain off your shoulders. They are as good as it gets! Thank you again for everything." Annie T.
"Very professional. Great team, staff and service all around. Mr Smith was very honest, straight forward with his advice. He gives the word "attorney" an honest reputation. I will seek his council anytime, and would recommend him at the drop of a dime." Jeremy M.
"I would highly recommend Ed Smith to any friends or family in need of a personal injury attorney. Ed, and his staff, are very caring on top of being very experienced in this field. The staff always keeps you informed of the status of your case and they are always easy to reach by phone." Shannon D.
"Edward Smith law offices provide competent, thorough, and personable help for victims of personal injury. When you first meet the staff you know you contacted the right office. This law office treats clients like people. I recommend this office to anyone seeking representation regarding personal injury." David M.