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Roseville Wrongful Death Lawyer
One of the most challenging things a person can experience is suddenly losing a loved one in a tragic accident. The grief is often compounded by anger and frustration, especially if the accident was preventable. Taking legal action on behalf of a lost family member can be challenging as insurance, legal, and medical issues must be addressed while dealing with financial concerns. Fortunately, this is where an experienced and compassionate attorney comes in.
If you lost a loved one in an accident caused by negligence, your family might benefit from retaining a wrongful death lawyer in Roseville. An attorney will ensure you receive justice and compensation for your loss. To learn more, call (916) 921-6400 or (800) 404-5400 for free, friendly case advice now.
At our law firm, we believe surviving family members deserve the time to grieve the loss of their loved one without dealing with financial hardship or complex insurance companies. Our wrongful death attorneys are prepared to help grieving families seek justice for their loss. We have the experience, skills, and resources necessary to build and present a strong case for fair compensation. If you have lost a close relative because of another person or entity's negligent actions, please contact our legal team to schedule a free case evaluation with one of our attorneys.
How is a Homicide Case Different from a Wrongful Death Lawsuit?A person who intentionally or recklessly causes another person's death may be prosecuted in a criminal case for a homicide offense. This is a distinct and separate proceeding from a wrongful death suit. Whereas the criminal claim is filed by a local prosecutor and can result in the imposition of fines and/or incarceration, the wrongful death lawsuit is civil in nature, is brought by the surviving family members of the decedent and can result in compensation being ordered to be paid to the family of the decedent. A criminal case doesn't need to be filed to file a wrongful death suit, and a lawsuit may still be successful even if the criminal case is dismissed or the alleged wrongdoer is found innocent of the charges.
In some cases, it may be beneficial for surviving family members to let a criminal case be decided before pursuing a wrongful death claim. A defendant (alleged wrongdoer) convicted of a homicide crime and found to have caused the decedent's death is almost always found responsible in a subsequent wrongful death case. The criminal court's decision can be used to resolve the wrongful death suit without needing a second trial. Speak with your Roseville wrongful death lawyer about whether it is in your and your family's best interest to wait to file your lawsuit.
What Can Cause a Wrongful Death?Wrongful death is any death one person causes because of their own conduct, regardless of whether death resulted from carelessness or intentional conduct. Wrongful death can be brought about as a result of several circumstances, including:
- Slip and fall
- Medical malpractice/medical negligence
- Car crashes, truck accidents, motorcycle crashes, bicycle accidents, and pedestrian collisions
- Intentional acts/attacks
Wrongful death cases can be difficult, time-consuming, and emotionally taxing to investigate. However, knowing all the people and/or entities responsible for causing death can be challenging without a proper investigation. This is where a Roseville wrongful death attorney can benefit surviving family members. While the family is grieving and putting the decedent's affairs in order, the attorney can perform this investigation on the family's behalf and take appropriate actions to safeguard the family's rights.
Intestate Succession Law and Wrongful Death ClaimsWhat if a decedent does not have a surviving spouse, surviving children, or a surviving domestic partner? In this case, the law allows anyone entitled to receive the decedent's property through succession – including the decedent's parents and siblings – to bring a wrongful death suit. Parents, stepchildren, and "putative spouses" of the decedent may also bring a lawsuit on behalf of a decedent if they can show that they were financially dependent on the decedent.
If you lost a loved one in a fatal accident and have questions about your eligibility for a potential claim, contact the best wrongful death attorney in Roseville today for a free consultation.
Why You Need an Attorney for a Wrongful Death CaseYou should consult a knowledgeable attorney before filing a wrongful death case in Placer County to ensure that you can file such a lawsuit under the California Code of Civil Procedure Section 377.60. Otherwise, you may find that your case is dismissed before it is heard because you lack legal standing.
Watch the video below for more information on bringing a wrongful death suit to California.
Roseville Wrongful Death FAQWhat is recoverable through a wrongful death claim?
Surviving family members can recover a wide variety of damages and expenses through a lawsuit. The types of damages available include economic and non-economic damages. Economic damages cover those expenses and losses that can be determined with certainty as objective and demonstrable losses. These damages in a wrongful death settlement generally include medical expenses, funeral and burial costs, lost wages, pain and suffering.
Determining and documenting damages is a crucial but often under-emphasized part of preparing a lawsuit for trial. An experienced wrongful death attorney in Roseville will be able to guide you in assembling the bills and documentation necessary to prove your economic losses. Your lawyer can similarly advise you on how to determine non-economic damages in your wrongful death case.
Which family member can bring a wrongful death lawsuit in California?
The law does not allow anyone to file a lawsuit on behalf of the decedent. Only specific individuals can pursue a wrongful death claim, including the decedent’s surviving spouse, the decedent’s domestic partner, and the decedent’s surviving children.
How long do I have to file a wrongful death suit?
California has a specific statute of limitations that clearly indicates how long surviving family members have to file a wrongful death claim following their loved one's death. If surviving family members fail to adhere to this deadline, they will not file a lawsuit. In almost every circumstance, the time begins running against survivors on the date of the decedent’s death. Surviving family members have two years from the date of the decedent’s death to file a wrongful death lawsuit in civil court. This is by the California Code of Civil Procedure Section 335.1.
This may seem like an extended period but recall that the decedent is to be buried during this time, their affairs wound up, and the circumstances of their death investigated. Time can quickly slip away. In some cases, where the death is caused by a public entity, there are much shorter periods to file suit. For more information, contact a wrongful death lawyer in Roseville.
Call Our Roseville Wrongful Death LawyersIf you lost a loved one in an accident because of someone else's negligent actions, a wrongful death lawyer serving Roseville, CA, can help your family seek justice and financial compensation. Call (916) 921-6400 or (800) 404-5400 for free, friendly advice on your potential legal options for recovery today.
We are members of the Million Dollar Advocates Forum and the National Association of Distinguished Counsel.
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Editor’s Note: This page has been updated for accuracy and relevancy [cha 11.8.22]
Photo by pixabay [cs 1262]
