(707) 636-3287Dedicated Wrongful Death Lawyers Serving Santa Rosa, CA
Losing a loved one in an accident is a devastating and painful experience. Family members left behind often feel anger and confusion, and may face significant financial challenges. With the assistance of an experienced Santa Rosa wrongful death attorney, filing a wrongful death claim can help secure the compensation needed to support yourself and your family during this difficult time.
What Is Wrongful Death?
Wrongful death refers to a legal claim made when someone dies due to the negligence, recklessness, or intentional misconduct of another party. This type of claim is typically brought forward by the deceased person’s surviving family members or, in some cases, by a representative of their estate.
The purpose of a wrongful death lawsuit is to seek financial compensation for losses resulting from the untimely death, which may include:
- Funeral and burial expenses
- Medical expenses related to the deceased’s final injury or illness
- Loss of income and financial support that the deceased would have provided
- Loss of companionship and emotional suffering endured by close family members
- Loss of guidance and nurturing for children
Wrongful death claims may arise in situations such as motor vehicle accidents, medical malpractice, workplace accidents, product defects, and criminal acts. To succeed in a wrongful death case, plaintiffs typically must prove that the defendant’s actions directly caused the death and that the survivors suffered specific damages as a result.
Who Can File a Wrongful Death Claim?
A wrongful death claim is a civil lawsuit that is brought on when a family member loses a loved one in an accident due to another person’s negligence. Each state’s statutes outline its definitions of who constitutes a family member. In California, a wrongful death claim can be filed by:
- The deceased’s surviving spouse or domestic partner
- The deceased’s surviving children
- A person who would be in the deceased’s line of decent if the deceased does not have a spouse or children – for example, the deceased’s parents or siblings
- Non-related family members who can prove they were dependent on the deceased – For example, stepchildren and putative spouses
For a wrongful death claim to succeed, the attorney must establish negligence. Negligence occurs when an individual fails to fulfill their duty to exercise reasonable care. For instance, if your loved one was killed by a drunk driver, that driver would be deemed negligent for operating a vehicle while under the influence, as this clearly violates the standard of reasonable care.
Wrongful death cases can arise from various circumstances, such as accidents on unsafe construction sites or medical errors during surgery due to a surgeon’s inexperience. As long as negligence is a factor, surviving family members may be entitled to compensation.
What Kind of Compensation May I Receive?
In a Santa Rosa wrongful death claim, damages are similar to those of a normal personal injury claim. Damages are divided into two categories, those that affect the estate and those that affect the family members:
Estate losses are damages that affect the deceased’s wealth. For example:
- Funeral and burial expenses
- Medical expenses stemming from the accident
- Lost income, including future income the deceased would have made had he or she survived
- Property damage from the accident (if applicable)
Losses that affect the family members include:
- The value that the deceased would have contributed in household services
- The loss of financial support in the future
- The loss of love, companionship, support, affection, and guidance
In certain cases, you may also be eligible to recover punitive damages. These damages are designed to punish the defendant for conduct that was so grossly negligent it approached malicious intent. As with all personal injury claims, wrongful death claims in California are subject to a two-year statute of limitations. This means you have two years from the date of your loved one’s death to file a claim.
Contact a Santa Rosa Wrongful Death Attorney Today
Contact the North Bay Legal group today to understand your rights after the loss of a loved one due to someone else’s negligence. We are based in Santa Rosa, but we serve Sonoma County and all other counties in the North Bay area.
Our Santa Rosa personal injury lawyers are experienced in several specialties of personal injury law, including wrongful death claims. We treat all of our clients with compassion and fight aggressively to get them the compensation they deserve. We take pride in being honest and proactive; we want you with us through every step of the process. Contact us today to see how we can help you.
