Folsom Wrongful Death Claim
Folsom Wrongful Death Claim – A Folsom wrongful death claim involves the series of events that lead to a family tragedy. Nothing prepares us for the profound grief and loss we experience when a loved one dies. In addition to their absence, families face the burden of losing the support the decedent provided and the cost of end-of-life expenses. If the person’s death involved negligence by another, the family has the right to file a wrongful death claim.
Types of Negligence Leading to a Folsom Wrongful Death Claim
Many forms of negligence can lead to wrongful death. Some of the most common are:
- Motor vehicle accidents: This is a major contributor to wrongful death. Whether a reckless act such as speeding or the actions of a drunk driver caused the accident, the end result is that a loved one died.
- Medical malpractice: Forms of medical negligence include mistakes made by hospitals, doctors, nurses, and pharmacists.
- Fire: Fatal burn injuries can be the result of a property owner’s lack of care for renters or the negligence of a utility company.
- Nursing home negligence: Lack of care or abuse in nursing homes can lead to a resident’s demise. This can be due to a failure to provide proper medical attention, hydration or nutrition. Other causes can involve prevention of falls or wandering off the site by a resident.
- Defective products: In this consumer society, we rely on the safety of the products we purchase. When a product is unsafe and causes a fatal accident, it is possible to file a wrongful death claim.
- Drowning: This can involve failure to maintain swimming facilities, lack of lifeguards, electrocution injuries or providing adequate safety on rental boats.
- Premises liability: Property owners are obligated to keep a property safe for people who enter it. Failure to do this can result in a Folsom wrongful death claim.
- Dog bites: Allowing an animal to roam freely or not providing a suitable enclosure on the property can end in a fatal accident.
- Criminal acts: When someone dies after a criminal act, the person who caused it to happen can be targeted in a civil wrongful death claim. If the person was convicted of the crime, this could be used as evidence in the proceeding.
Damages Associated With a Wrongful Death Claim
Some of the damages associated with a wrongful death claim are:
- Funeral and burial costs
- Services the decedent provided
- Lost support the decedent provided
- Lost inheritance
- Lost benefits
- Loss of companionship
- End-of-life medical expenses
- Lost potential income in the future
- Loss of guidance and moral support
Who Can File a Folsom Wrongful Death Claim
The following can file a wrongful death claim in California:
- The decedent’s domestic partner or spouse
- Surviving children of the decedent
- If no one in the deceased individual’s line of descent is alive, the people who qualify to inherit by intestate succession can file a wrongful death claim. This would include the decedent’s brothers and sisters.
- Others who are financially dependent on the decedent can file a claim. These persons include a putative spouse and the spouse’s children and the decedent’s stepchildren.
- Parents who are supported by the decedent can qualify to file a wrongful death claim.
How Long Do You Have to File a Folsom Wrongful Death Claim?
Residents of California have up to two years to file a wrongful death claim. If they do not file within this period, the chance of having their claim heard in court will be eliminated.
Folsom Wrongful Death Lawyer
I’m Ed Smith, a Folsom wrongful death lawyer. When your family has experienced the loss of a loved one due to negligence, you can file a claim against the negligent party. Call me at (916) 921-6400 in the area and (800) 404-5400 nationwide for free and friendly advice. You can also reach out to me by using our convenient contact us page online.
I’ve assisted residents of Folsom to obtain the compensation they deserve in cases of car accidents, pedestrian and motorcycle crashes, and traumatic brain injuries.
I am a long-standing California member of the Million Dollar Forum, a nationwide group of trial lawyers who have won more than $1 million for a client.
If you would like to know more about my practice, you can read reviews by my prior clients and some of my peers as well as look at how I resolved former cases on the following pages:
Photo Attribution: https://pixabay.com/en/death-funeral-coffin-mourning-2421820/
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