Fairfield Wrongful Death Lawyer

Discovering a loved one suddenly passed away in a preventable accident is a gut-wrenching, traumatic experience that far too many Fairfield residents struggle with regularly. For example, a head-on car wreck occurred on Peabody Road near the city limits of Fairfield and Vacaville. Reports indicate that an SUV and a sedan collided head-on between Chuck Hammond Drive and the entrance to the California State Prison. The two occupants of the car lost their lives in this collision. In the blink of an eye, two families had their lives turned upside down due to this unexpected and tragic accident.

If you have lost a loved one in a preventable accident in Fairfield, contact our wrongful death lawyers today for a free case evaluation at (707) 564-1900 or (800) 404-5400.

It is a hard truth - the sudden loss of a parent or spouse can create tremendous financial strain and turmoil for those left behind. This is especially true if the deceased was the primary income earner for a household. In a moment, a family may be left wondering how they will be able to pay the mortgage, the credit card bill, the car, and other expenses. Fortunately, the family can file a wrongful death claim to pursue compensation.

According to the California Code of Civil Procedure 377.60, a wrongful death occurs when someone loses their life due to the negligence of another individual, product, or corporation. A wrongful death claim is intended to compensate a family for losing a loved one and provide financial relief and peace of mind.

• Medical Bills: If your deceased loved one was treated by an emergency room team or other medical professionals, you could be reimbursed for those costs.
• Funeral Expenses: You can seek reimbursement for the cost of the funeral, including burial expenses.
• Future Earnings of the Deceased Loved One: You can seek reimbursement for the income the decedent would have earned if not for their untimely death.
• Pain, Suffering, and Loss of Companionship: You can pursue compensation for the non-itemizable harms and losses associated with wrongful death. This form of financial restitution is commonly referred to as pain and suffering damages. It is meant to help compensate you for the mental anguish, sorrow, and loss of companionship.

Filing a wrongful death claim can quickly get complicated, especially if liability is contested. A lawsuit may need to be filed in a Fairfield civil court before a resolution can be achieved. Your Fairfield wrongful death lawyer will typically file a claim with the defendant's insurance company. If an amicable resolution cannot be reached during this initial phase, your attorney will file a Complaint and issue a Summons to the defendant.

Once a lawsuit has been filed, the pre-trial discovery process will commence. Discovery in a wrongful death case requires:

• Interrogatories – This is a legal term that means written questions. You can send interrogatories, as does the defendant, and all answers must be provided under oath.
• Depositions – This is a legal term that basically means an in-person interview. You would be deposed by the attorney for the defendant, and your lawyer would get to depose the defendant, along with any other parties or witnesses associated with the case.
• Requests for Documents and Admissions – Your accident lawyer can request relevant documents such as maintenance records of the automobile being operated by the defendant, financial records, etc. In addition, a Request for Admission can be sent to the opposing party requiring them to admit or deny specific facts concerning the case.

Throughout this process, it is essential to understand that settlement negotiations are taking place between your attorney and the attorney for the defendant. In many cases, the insurance company for the defendant will make an opening lowball settlement offer and steadily increase their offer as the litigation process moves forward. There might also be court-ordered mediation that you would need to attend to try and resolve the dispute without having to go to trial.

If a wrongful death settlement is not reached, the lawsuit will go to trial in Solano County. During a trial, opening and closing arguments will be made to a jury, and they will be tasked with determining whether the defendant's conduct was reckless or negligent and proximately caused the death of your loved one.

As you can see, resolving a wrongful death claim can be lengthy and complicated. You should have a top-rated law firm working to build a successful case. You need a team to interview witnesses, review relevant medical records and financial statements, depose the defendant, file pertinent legal documents in court, and so forth. Attempting to do all this on your own would be a herculean task. You should focus on grieving and getting your life back in order.

Let the best wrongful death attorney in Fairfield handle the legal details. An experienced injury attorney can use the relevant statutes and legal codes to effectively negotiate with the insurance adjuster. Once they have gathered the evidence and synthesized a compelling argument, your attorney will be well-equipped to convince a jury that your damages claim should be awarded in full.

The video below includes an overview of California's wrongful death claims process.

If you lost a loved one in an accident in Solano County, a personal injury attorney could help you seek justice and fair compensation for your loss. To learn more about how we can help you during this difficult time, contact our Fairfield wrongful death lawyers today for free, friendly advice at (707) 564-1900 or (800) 404-5400.

We are members of the Million Dollar Advocates Forum and the National Association of Distinguished Counsel.

Learn more about us. See our past verdicts and settlements and client reviews on Avvo, Yelp, and Google. 

Editor's Note: This page has been updated for accuracy and relevancy [cha 12.2.22]

Photo by Gabriel on Unsplash

:sid rey [cs 1024]