Filing for Wrongful Death in Citrus Heights
A wrongful death in the family is one of the most devastating experiences. In addition, an untimely loss of a loved one may cause serious financial repercussions. When this happens, the family can struggle to pay bills and end-of-life expenses.
What Is Wrongful Death?
Wrongful death in California is defined as the death of an individual due to negligence by another person or entity. In other words, that person or entity must be responsible for the person’s death or have been a substantive reason for the death. This may be due to one of the following circumstances:
- Motor vehicle accidents, truck accidents, motorcycle accidents, pedestrian accidents, or those caused by accidents involving another form of transportation
- Medical malpractice or other form of medical negligence
- Product liability involving products that were dangerous or defective
- Work accidents are due to negligence by another person or the company that employed the decedent.
Watch our Youtube Video ~ What is a Wrongful Death Claim? By wrongful death attorney Ed Smith.
Statistics for Citrus Heights and Sacramento County
The California Office of Traffic Safety reports that 420 individuals were killed or injured because of traffic collisions in the city in 2014. Alcohol consumption was a precipitating factor in 59 fatalities or injuries. Excessive speed contributed to 116 of those injuries or deaths. Hit-and-run accidents comprised 37 of the traffic injuries and deaths. The numbers throughout the country were much higher. Sacramento County showed a total injury and fatality rate of 9,747. Alcohol consumption was involved in 1,123 accident deaths and injuries. Speed-related injuries and deaths were involved in 2,376. Hit and runs totaled 681.
Motor Vehicle Fatalities
Nationwide, the National Safety Council estimates up to 400,000 deaths from motor vehicle accidents in 2016. This is a 6-percent increase over the previous year. The National Highway Traffic Safety Administration reported that speeding, use of alcohol, and lack of seat restraints were contributing factors.
Who May File for Wrongful Death?
The California Code of Civil Procedure 377.60 states that the following persons may pursue financial compensation for wrongful death.
- Spouse or domestic partner
- Children of the decedent
- Other dependents, such as stepchildren or other minors financially dependent on the decedent. The minors must have lived in the household and been 50 percent supported financially by the decedent for at least 180 days.
- The personal representative of the decedent
Proving Damages in a Wrongful Death
The following actions by a defendant must be proved in a wrongful death action:
- The individual who caused the death must be shown to have acted negligently.
- That negligence was responsible or heavily contributed to the person’s death.
- Other individuals were dependent on or benefitted from the decedent’s financial support.
- Financial damage occurred as a result of the defendant’s negligent actions.
Citrus Heights Wrongful Death Lawyer
I’m Ed Smith, a Citrus Heights wrongful death lawyer. A wrongful death can leave a family financially devastated. If this has happened to you, call (800) 404-5400 for my advice, which is always friendly and free.
During my 35 years as an injury lawyer, I have helped numerous people to obtain just compensation in their traumatic injury cases and wrongful death losses.
Reviews by clients are found at:
More information on previous cases is found in Verdicts and Settlements.
As a member of the Million Dollar Advocates, I show that I belong to a group of trial lawyers with settlements or case verdicts of $1 million.
Photo Attribution: https://pixabay.com/en/funeral-adios-bye-memory-death-2511124/
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