Wrongful Death Lawsuits in Rancho Cordova Explained
I’m Ed Smith, a Rancho Cordova wrongful death lawyer. A wrongful death is one that happens due to another person’s negligence or wrongdoing. This can be caused by swimming pool electrocutions due to faulty maintenance and wiring to a car accident that occurred because of a drunk driver. While the death of someone you love is extremely difficult emotionally, it is made all the worse if the person’s demise is due to another’s negligence. A wrongful death lawsuit can bring a measure of closure and financial compensation to which those left behind are entitled.
Types of Wrongful Death Cases
Wrongful death is an umbrella term that includes death due to different types of accidents. Some of the more common types are:
- Car accidents: Motor vehicle accidents often end in death caused by negligence. This can be due to violating traffic laws such as maintaining a prudent speed or obeying traffic signals. Drunk drivers caused an estimated 10,700 deaths in 2017.
- Motorcycle accidents: Motorcycle accidents end in death for bikers at a rate of 30 times more than what it is in car accidents. This is largely due to the lack of protection available to a biker. However, it is also caused by motorists that are oblivious to the presence of motorcycles on the road, despite the fact that motorcycles share the road with other motorists.
- Commercial vehicles/truck accidents: Due to the size and weight of a large truck or bus, occupants of smaller vehicles are killed frequently. When negligence by a trucker or commercial driver caused the accident, they and/or the company that owns the vehicle can be included in a wrongful death claim.
- Medical malpractice: Death due to negligence by a doctor or other medical care providers, including pharmacists and hospital staff occurs frequently. The family of someone who died due to this lack of care is entitled to file a wrongful death claim to recover compensation for the loss of a loved one.
- Product-related deaths: When products are manufactured negligently, warnings are not issued or the item’s design is faulty, people can die. In such cases, the family of the deceased can file a claim against the company or retailers. In California, anyone in the production chain can be added to a wrongful death lawsuit.
- Nursing Home Negligence: Negligence and abuse in nursing homes can lead to the death of residents. This can range from inadequate medical care to physical abuse.
- Slip and fall accidents: This can occur in commercial, residential or government buildings. Head injuries are a common result of falling due to negligence.
- Dog bites: Dog bites commonly end in fatalities, particularly in children and elderly people.
Who Is Able to File a Wrongful Death Lawsuit?
There are some restrictions on who can file a wrongful death lawsuit in California. Primary plaintiffs include the decedent’s spouse, domestic partner or children. If the deceased has no one in their direct line of decent, those who are eligible for inheriting if the person dies without a will may file a wrongful death claim. This includes the decedent’s parents or brothers and sisters. Also, after proving they were dependent on the decedent for financial help, the putative spouse and his or her children can file.
Compensation in a Wrongful Death Lawsuit
Some primary damages included in a wrongful death lawsuit include:
- End of life medical care
- Funeral costs
- Burial expenses
- Lost income, including the amount the person would have earned in the future
- The cost of household services the person provided while alive
- Loss of love and support
- Loss of inheritance
Length of Time to File a Wrongful Death Claim
Wrongful death claims must be filed within a specific time after which they are no longer eligible. This is called the statute of limitation. In the state of California, an individual/family has two years to file. It is important to meet this obligation. An experienced attorney makes sure that all documents are filed according to plan.
Rancho Cordova Wrongful Death Lawyer
I’m Ed Smith, a Rancho Cordova wrongful death lawyer. If someone in your family has died, you are experiencing overwhelming grief. If they died due to negligence, the grief might be compounded by anger and frustration. Call me at (916) 921-6400 or (800) 404-5400 to learn what your options are while receiving friendly, compassionate advice that is free of charge. You can reach out to me online also.
I’ve helped numerous residents of Rancho Cordova recover compensation for all types of accidents, including those involving wrongful death for over 36 years.
When you need to retain a lawyer, it is a good idea to learn about their practice. Read about how clients and peers feel about mine on the following pages:
You can see how I resolved prior cases at settlements and verdicts. I am a California member of the Million Dollar Advocates. This forum is open to trial lawyers who have won settlements and verdicts in excess of $1 million for a client.
Photo Attribution: https://www.pexels.com/photo/girl-jeans-kid-loneliness-236215/
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