Granite Bay Wrongful Death Lawyer
Losing someone you love is one of life's most stressful situations. Even if a loved one is ill, we are never prepared enough for their passing. If they were taken by a careless or reckless act on the part of another person, a sense of anger, shock, and disbelief compounds our grief. A sudden unexpected death can catapult us into a feeling of vulnerability we've never experienced before.
So how do we cope? Most experts say grief recovery is gradual and filled with ups and downs. At the start, everything may feel surreal and empty. Nothing may seem to make sense anymore, and you may find that even daily chores are overwhelming.
During this time, the last thing you need is to worry about financial issues caused by a loved one's passing and deal with insurance companies. Have an experienced Granite Bay wrongful death attorney handle all aspects of your case so you and your family can focus on recovering from your loss. At the same time, your lawyer works to obtain justice on your behalf. Call us today at (916) 921-6400 for a free no-obligation consultation to discuss your case with our legal team.Dealing with a Loved One's Sudden Death
There is no quick way to deal with sudden death due to negligence or an intentional act. In such cases, the people left behind are robbed of a chance to say goodbye or even to say they love you for the last time. This lack of preparedness makes death all the more overwhelming. Survivors may experience physical signs, such as loss of appetite, anxiety, and insomnia.
Parents and other caregivers worry about explaining how this beloved person is no longer present and why it happened if children are involved. An inheritance or financial help the child or spouse might have relied on is also gone. Also, the cost of end-of-life expenses and monthly bills may prove overwhelming after the decedent's support is lost. While no one can resolve your grief, a Granite Bay wrongful death lawyer can help with financial stress.What is Wrongful Death in California?
A wrongful death occurs when a reckless or negligent act causes a fatal accident. It can also result from intentional acts such as homicide. In some cases, driving under the influence or aggressive driving also causes wrongful death. For example, a prosecutor can charge a drunk driver with vehicular or gross manslaughter or murder in California. This elevates the DUI to an intentional act since the driver either knew the consequences of drunk driving or used their vehicle as a weapon.
A person may be killed by someone who has a grievance against them in other situations. Even though this is considered murder, the family can still file a claim against the person for wrongful death.What Are the Causes of Wrongful Death?
Negligence is the usual cause of wrongful death. As mentioned above, intentional acts can also be considered why a person dies. Some common reasons for wrongful death are:
- Motor vehicle accidents
- Flawed medical care
- Bicycle accidents
- Pedestrian accidents
- Defective items, including furniture, household appliances, and auto defects
- Construction accidents
It is a claim brought against the perpetrator of a negligent or intentional act that caused the death. These claims allow the deceased family to file a lawsuit to obtain compensation for their loved one's death. Some of the most common types of compensation in a wrongful death case are:
- Medical expenses: The medical care provided to the loved one immediately before their demise is covered. This covers ambulance rides to the hospital, ER charges, and physician involvement.
- End-of-life expenses: Such expenses involve burial and funeral costs.
- Lost income: This covers the income the decedent may have earned had they lived. It also covers future income over their lifetime.
- Loss of household services involves the cost of routine jobs the decedent would have done around the house.
- Loss of companionship: When someone dies, their survivors will lose the moral support, affection, and companionship they might have provided.
- Lost inheritance: A family member may be denied the amount of inheritance they might expect if their loved one lived.
- Loss of consortium: Loss of companionship by a spouse.
Our wrongful death attorneys serving Granite Bay, California, have created the following video about handling these cases.Understanding Survival Actions
Had the decedent not died but had been injured in an accident caused by a negligent party, they would have filed a personal injury lawsuit. This would include expenses for medical care, pain and suffering, and other costs.
In a survival action, the family steps into the decedent's shoes and files a lawsuit for the costs from the time of the injury until the family member's death. It is called a survival action because it survives the person's demise. On the other hand, a wrongful death lawsuit claims compensation due to the family members after the person's death.Who Can Bring a Wrongful Death Case in California?
California law allows the following persons to file a wrongful death claim:
- The spouse of the decedent
- Domestic partner
- Stepchildren whom the decedent supports
- A minor child is decently supported for at least 180 days before death. The decedent must have provided 50 percent of the child's support.
- Putative spouse: This person acted as if they were married to the decedent and believed in a "marital" relationship. This holds whether the person has legal proof of a marriage or not.
The family members must prove negligence or the person's intention who cause their loved one's death. For example, if negligence was the reason the person died, the plaintiff must prove the defendant had a duty of care to the deceased and that duty was breached, which caused the person's death. Finally, they must establish a link between the person's demise and the damages they seek.What is the Statute of Limitations for a Wrongful Death Claim?
A time limit called a statute of limitations in California limits the bereaved person's ability to file a wrongful death lawsuit. In California, this time limit is two years from the person's death. While this may seem more than enough time, many things must be done before the period expires.
The accident must be investigated, and proof of negligence and fault established. It is best to start before evidence is lost or covered up during this challenging time. The time limit may differ if a government entity is a defendant in the case. Your Granite Bay wrongful death lawyer can ensure all documents are filed promptly.How a Granite Bay Wrongful Death Attorney Can Help Your Family
An attorney helps establish the negligence necessary for filing a wrongful death claim. Our Granite Bay wrongful death lawyers help our clients by sending an investigative team to the fatal accident scene.
In other cases, we review medical records, sometimes with the assistance of an expert, to determine if the care was compromised. Once we determine if negligence or an intentional act precipitated the death, we work on filing the claim and obtaining the compensation.Discuss Your Case with a Granite Bay Wrongful Death Lawyer
Our Granite Bay wrongful death attorneys at AutoAccident.com have been helping families in Northern California since 1982. To learn how our legal team can help your family after a fatal accident in Placer County, call (916) 921-6400 or (800) 404-5400 for compassionate, free, and friendly legal advice.
We have been able to help many Granite Bay residents obtain the compensation they deserve. Besides wrongful death, some areas we've worked in are all types of car accidents, traumatic brain injuries, and pedestrian and motorcycle accidents.
See our case history on our Verdicts and Settlements page.
Editor's Note: updated cha 4.3.23] Photo Attribution: Pixabay cd cha [cs 1356]