Loomis Wrongful Death Lawyer

It is 3:00 am in the morning. You wake up to a phone call. It is the Placer County Sheriff's Office. You learn the devastating news that a loved one died in an accident. In a moment, your world is turned upside down and you have no idea where to even begin or how to move forward.

Understanding the Definition of Wrongful Death

According to California Code of Civil Procedure § 377.60, a wrongful death has occurred when a person has died as a proximate result of some wrongdoing or negligence of another person or entity. A surviving family member such as a spouse, partner, or child, can bring a wrongful death claim on behalf of the victim.

Wrongful Death Claims Not Limited to Just Automobile Collisions

Any death proximately caused by the negligence or recklessness of another can constitute a wrongful death claim under California law. For example, the following types of incidents can serve as the basis for pursuing a wrongful death claim:

  • Pedestrian hit by an automobile
  • Boating accident
  • Electrocution at a hotel or work site
  • Surgical error
  • Defective or dangerously designed product sold the public
  • Unsafe prescription medication or medical device used by patients

Why Wrongful Death Claims Only Allow the Recovery of Financial Compensation

When someone you love is killed in a preventable accident, you may understandably feel anger and hatred towards the at-fault individual. You may want them to be punished or locked away for the rest of their life. Such emotions are expected, but the purpose of a wrongful death lawsuit is not to fill the void left by the departed, but rather to help make life easier for you and your family. Nevertheless, it may be possible for an at-fault individual to be held responsible both in a civil wrongful death lawsuit and in a criminal case with charges brought by the government.

No Universal Set of Laws Govern Wrongful Death Claims

There are important distinctions and differences among the states when it comes to wrongful death law. This is why it is critical to determine which state is most appropriate to file a claim in, since some states have very restrictive statutes concerning the financial recovery available in a wrongful death lawsuit. There are also different statutes of limitations unique to each state that you need to be aware of. This is why it makes sense to speak to an attorney well-versed in wrongful death law to discuss your legal rights.

You Can File a Wrongful Death Action Even if the Decedent was Never Gainfully Employed

It is possible to file a wrongful death lawsuit, if the deceased victim never held a full-time job. Compensatory damages may still be recoverable because the decedent may have contributed to your household in other ways. For example, the decedent may have been a stay-at-home parent who ran the household and raised the children. Losing this individual is a tremendous loss to the well-being of your family and can serve as the basis for a financial recovery.

Recoverable Compensation After a Wrongful Death

The following categories of damages, including economic damages and non-economic damages, are recoverable in a wrongful death claim:

  • Accrued medical bills from treatment after an accident. This is especially relevant in situations where a loved one was involved in a car wreck but remained alive and was treated at a hospital prior to their untimely death. In some circumstances, the decedent may have undergone surgery and wound up in a coma. The medical expenses associated with treatment are recoverable.
  • Costs associated with your loved one's funeral, including their burial.
  • Loss of financial or household support. This is highly relevant when the decedent supported their family financially through a full-time job.
  • Pain, suffering, emotional trauma, anxiety, etc.
Loomis Wrongful Death Lawyer

The loss of a loved one in a preventable accident is a gut-wrenching experience far too many people have to endure. My name is Ed Smith and I am a Loomis wrongful death attorney who has devoted his career to helping people during difficult times.

If someone you love has passed away due to the negligent or careless actions of another, please call me at (530) 392-9400 or toll free at (800) 404-5400 for free, friendly and compassionate advice.

You can also reach me online anytime.

Reviews and comments from my former clients are available on YelpAvvo, and Google Plus.

Take a minute to look at my Verdicts and Settlements page to see some of my results.

I am a proud member of the Million Dollar Forum, a select group of top injury lawyers with million-dollar verdicts and settlements.

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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!
    Sincerely, 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. ★★★★★