Folsom Wrongful Death Lawyer
A death in the family can be one of the most painful and heart-wrenching experiences that anyone must endure. This is particularly true in the case of a death caused by negligent or reckless actions. Far too many families have their lives turned upside down due to someone else's irresponsible and cavalier actions.
If someone you love was fatally injured in an accident in Folsom due to negligence, call our experienced wrongful death attorneys at (916) 921-6400 for free, friendly, and compassionate advice.Wrongful Death Claims May Arise in Different Circumstances
Many different scenarios can give rise to a wrongful death lawsuit. A severe auto accident is one of the most common situations where a wrongful death claim may arise. Other circumstances include:
- Boating accidents
- Dangerous consumer products
- Defective auto design and repairs
- Medical errors and malpractice
- Motorcycle accidents
- Pedestrian accidents
- Truck accidents
- Unsafe pharmaceuticals and medical devices
While these causes of wrongful death are the most common types of claims we see, that does not mean that other types of incidents resulting in death will not be grounds for a wrongful death claim. If you suspect that you may have a wrongful death claim, please contact an experienced Folsom wrongful death attorney.The Financial Strain of a Sudden Loss
The sudden loss of a loved one can result in significant and immediate financial strain on family resources. Medical bills can become astronomically expensive, and funeral costs can also be large. Furthermore, the decedent may have been the primary breadwinner of the family. For these expenses and other losses during your time of need, an experienced Folsom, CA, wrongful death attorney can help you get the financial compensation you deserve. The types of economic and non-economic damages that are typically pursued in a Folsom wrongful death case can include the following:
- Emotional distress
- Future earnings
- Loss of companionship
- Medical bills, funeral costs, and other expenses associated with a death
- Pain and suffering
California law has limited the filing of this type of civil claim to the following individuals:
- The victim's spouse or domestic partner
- The victim's child or children
- If the victim passes away without a significant other or children, it is still possible to file a claim. However, it needs to be filed by the individual designated as the representative or executor of the victim's estate.
Another issue that can come up is whether more than one person can pursue a wrongful death claim on behalf of the person who died. For example, if both a fiancé and a parent want to pursue claims on behalf of the deceased person. Filing two separate lawsuits based on the same decedent incident would be fruitless. The insurance defense attorney would simply file a motion to consolidate the two claims, and you would wind up with one case.
You may think, "okay, I'll just wait until the first lawsuit is completed, then file my lawsuit." Again, this would be a fruitless endeavor. First, collateral estoppel is a legal doctrine holding that the same issues will not be re-litigated. Second, there will probably be a statute of limitations problems with filing a second lawsuit after a first lawsuit.Will I Have to Testify in Court?
When someone is coping with the sudden loss of a loved one, going into a courtroom and testifying can be pretty intimidating and unpleasant. Take heed that there is a good chance your wrongful death claim will be resolved through settlement or mediation without having to testify at a jury trial.
In fact, over 95 percent of all personal injury and wrongful death lawsuits are determined through a settlement rather than a jury verdict. Nevertheless, no accident lawyer should guarantee that you will not have to testify because each case is different, and a jury trial may, in fact, be necessary to obtain the financial restitution you deserve.What Needs to Be Proven at Trial
A jury trial will occur if the other party's insurance representative is unwilling to offer a reasonable settlement. If this happens, the burden is on your wrongful death attorney to present compelling evidence to prove that the defendant was liable for your loved one's death. Four elements must be established to hold a defendant responsible in a wrongful death case, and those four elements include:
- A duty of care – This arises in different circumstances. For example, a driver is responsible for operating their vehicle reasonably safely and adhering to the rules of the road.
- Brеасh of the duty of care – There needs to be evidence that the dеfеndаnt breached the duty of care.
- Causation – Once a breach of duty has been established, thеrе needs to be evidence proving a causal link bеtwееn thе dеfеndаnt’ѕ brеасh and your loved one's death.
- Dаmаgеѕ - In the wrongful death context, this element can be proven by producing bills and invoices related to medical care, funeral and burial expenses, past tax returns for lost wages, and so forth.
If you have lost a loved one in a fatal accident due to another person's careless or reckless actions, let a compassionate and skilled Folsom wrongful death lawyer help you and your family during this challenging time.
Watch the video below for further information on a wrongful death claim.Folsom Wrongful Death FAQ
What is considered a wrongful death case in California?
Under California law, a wrongful death case can be pursued if a loved one dies due to another's negligent or intentional misconduct. The case can stem from a death caused by traffic accidents, murder, or medical malpractice.
Do I need a lawyer to file a wrongful death claim?
It is recommended to consult with an experienced injury attorney in almost every wrongful death case. California law is complex as to who is entitled to bring a suit and a claim recovery. If the decedent was killed by someone with little or no insurance policy limit, an attorney could investigate other potential defendants responsible for the death.
If you lost a loved one in an accident due to someone else’s negligence, contact our legal team at AutoAccident.com to discuss your case. Call our law office to schedule a meeting for free, friendly case advice with one of our skilled Folsom wrongful death attorneys at (916) 921-6400 or (800) 404-5400.
Our accident attorneys have been helping the Folsom and greater Sacramento community with personal injury and wrongful death for more than three decades.
We are members of the Million Dollar Advocates Forum and the National Association of Distinguished Counsel.
See our client reviews on Avvo, Google, and Yelp and our past cases on our Verdicts and Settlements page.
Editor's Note: updated for accuracy and relevancy. [cha 3.28.23]
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