East Sacramento Wrongful Death Lawyer
Yet, despite the inviting lifestyle it offers, accidents still happen. When an accident results in wrongful death, a family can be devastated and find it hard to financially survive, especially if the deceased provided support. Loved ones also find it difficult to reconcile the negligence that caused a fatal accident and need to find justice for the decedent. To do this, the family may look to file a wrongful death lawsuit.A Wrongful Death Lawyer Who Cares
I'm Ed Smith, the founder of AutoAccident.com. I have practiced in East Sacramento since 1982 and have built a relationship based on compassion and honesty with my clients. Everyone knows that I don't waiver in my quest to help my clients, and I use my legal acumen to ensure they receive deserved compensation. For me, it is about one family helping another, and everyone who retains me knows that my staff and I are just that - family. You'll be able to see that for yourself when you meet up with me in a free, no-obligation consultation.A Family's Grief and Sorrow
For the family, a wrongful death caused by another's negligence is devastating. This is due in part to the unexpected nature of their loss. That makes it all the harder to learn that they were killed by an at-fault driver or other negligent act.
The grief the family feels is often peppered by anger that the negligent party could have been so reckless. The fact is their loved one is no longer able to claim damages, explain what happened, or care for family members. Many times, the family feels alone and might not know how to proceed. But, they are not helpless.
We give our clients a solid way to counter the economic effects of the loss of their loved one by structuring a wrongful death lawsuit. It does not eliminate their grief, but it does help the family overcome financial hurdles and provide their loved ones with the justice they deserve.
Watch the following video to learn more about wrongful death lawsuits:Filing a California Lawsuit for Wrongful Death
In California, the following family members can file when a wrongful death occurs. California Code of Civil Procedures 377.60 lists the following eligible people:
- The deceased spouse or domestic partner
- Children of the deceased
- Putative spouse if dependant on the decedent
- Children of the putative spouse if dependant on the deceased
- A minor who lived in the decedent's home for 180 days before the death and was dependant on them for 50 percent of their support
- Grandchildren if the decedent's children are deceased
- Others who may have a claim against the decedent's property under Calfornia intestate succession
Wrongful death claims can be filed when the loved one died due to another's negligence, reckless behavior, or an intentional act. Your wrongful death lawyer in East Sacramento can help you with this. Some of the most common are:
- An assault on the deceased, leading to their demise
- A fatal car accident
- Drowning due to negligence of defective equipment
- Patient death due to a medical mistake
- The result of a dog bite
- Fatalities linked to defective products
A broad category of damages is those that compensate the family members for their financial loss due to the decedent's death. Some of the most common are:
- Lost wages: This includes the wages the decedent would have earned had they survived until retirement age. Bonuses and retirement benefits are included in this category.
- Loss of consortium: This is the loss of love and companionship between married spouses.
- Loss of emotional support: This is the emotional support the deceased provided to younger family members.
- Funeral and burial expenses: These end-of-life costs are recoverable.
A survival action is filed by the deceased's representative to recover damages for the pain and suffering the person suffered before dying. It also covers the expenses that were incurred and lost wages. It is similar to what would have been a personal injury lawsuit filed by the deceased if they had lived. Talk to your East Sacramento wrongful death attorney about the possibility of filing a survival action in the name of your loved one.Determining Damages
One factor in determining damages centers on the age of the family members. It is based on the support the family member would have received had the decedent lived. For instance, a child would receive support generally until they reach the age of 18. If the case can be made that the decedent would have supported the child throughout college, then that would be added to the claim.
A wife or husband will receive a support amount that is equivalent to what the decedent would have supplied. This includes throughout their working years and retirement benefits.Investigating a Wrongful Death Accident
Our law firm must prove that a wrongful act occurred and that it caused the death of the family's loved one. Our investigative team does this in a way similar to other accidents. They examine the site or case to gather evidence. If the wrongful death involves a car accident, our investigators look for road marks, interview witnesses, and obtain video footage of the crash. They use accident reconstruction techniques that enable them to see how the accident occurred.
In an assault, police records are used as well as court proceedings if a conviction was handed down. In a medical malpractice case, we look over patient records with the assistance of experts in the field.
Once all the data is accumulated, the investigative team hands it over to the lawyers to build a strong case for our client.East Sacramento Wrongful Death Lawyer
I am Ed Smith, an East Sacramento wrongful death lawyer. If a loved one has died, you need the assistance of an experienced lawyer. Call me at (916) 921-6400 or (800) 404-5400 for free and friendly advice. You can also contact me online.
I have been here for residents of East Sacramento since 1982. I help them get the compensation they deserve in car accidents, traumatic bicycle incidents, brain injuries, and wrongful deaths, among others.
I am a proud member of the following organizations:
Learn more about my practice by clicking on the links below:
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