Roseville Wrongful Death Attorney

Compassionate Legal Representation for Wrongful Death Claims in California 

Any death is difficult to accept, but when it should have never happened, it can almost feel impossible to move on. Emotions often run high, and families typically do not know where to turn for help after a wrongful death. It is in these trying times that you need an experienced wrongful death attorney in Roseville on your side to represent your family’s best wishes. 

If you have lost a loved one due to the negligence of another person or entity, contact our Roseville wrongful death lawyers at the Law Offices of Larry S. Buckley immediately. We can help you understand how the laws in California apply to your wrongful death case and help you feel comfortable as you embark on a complicated legal process. Let us fight for you and your loved ones. Understanding your rights and navigating the legal complexities are crucial steps, and having a compassionate wrongful death lawyer near you can make a significant difference in your journey.

Have you lost a loved one due to someone else's negligence? Call (916) 318-3988 or contact us online for a FREE consultation regarding your wrongful death claim!

What is Wrongful Death?

In California, a wrongful death lawsuit can only be filed if it meets all three of the following qualifications:

1. A third party caused a person’s death
2. The death was the result of the at-fault party’s negligence or harmful intent
3. There was a financial loss to the decedent’s estate and family as a result of the death

A death caused by someone’s negligence can occur in several ways. For example, a driver who is texting and running a red light, causing a fatal crash, could be held liable for wrongful death. Murder also constitutes an intentional wrongful death. A few circumstances that may lead to a wrongful death lawsuit include:

• Commission of a crime
• Exposure to occupational hazards or substances
• Medical malpractice
• Auto, motorcycle, or truck accident
• Animal attack
• Safety hazards

These instances often result in significant emotional and financial stress for the surviving family members, underscoring the importance of seeking legal counsel. Experienced wrongful death attorneys can guide the legal maze, helping secure the compensation necessary for rebuilding lives. It's not just about seeking justice but also about ensuring future safety by holding responsible parties accountable.

Understanding Roseville-Specific Wrongful Death Laws

Roseville, CA, like the rest of California, follows specific statutes regarding wrongful death cases. Being aware of these local laws ensures that families make informed decisions about pursuing legal action. Given the variability in laws across states, understanding California's unique aspects can significantly influence the strategy of any legal procedure. For instance, the statute of limitations in California for filing wrongful death suits is generally two years from the date of death. However, certain circumstances might affect this timeline, such as discovering new evidence or specific nuances related to governmental entities being involved.

Additionally, California adopts the doctrine of comparative negligence, which means that if the deceased was partially at fault, the compensation might be reduced proportionately. This makes it vital to conduct a detailed investigation to establish all parties' fault degrees. The Law Offices of Larry S. Buckley can guide you through these intricate legal waters, ensuring your family understands the potential challenges and rights specific to the Roseville area.

Who Can File a Wrongful Death Lawsuit?

In California, a wrongful death lawsuit can be filed by specific individuals who have a close relationship with the deceased. The California Code of Civil Procedure Section 377.60 outlines who is eligible to bring a wrongful death claim:

• Surviving Spouse or Domestic Partner: The deceased person's surviving spouse or registered domestic partner has the primary right to file a wrongful death claim.
• Surviving Children: If the deceased person has surviving children, they are also eligible to file a wrongful death lawsuit.
• Other Heirs: If the deceased person has no surviving spouse, domestic partner, or children, other heirs can file the lawsuit. This includes the deceased's parents, siblings, or others entitled to inherit the estate under California's intestacy laws.
• Putative Spouse and Stepchildren: A "putative spouse," or someone who genuinely believed they were married to the deceased, can file a wrongful death claim. Additionally, stepchildren who were financially dependent on the deceased may also file.
• Financial Dependents: Other individuals who were financially dependent on the deceased, such as a minor who lived with and was dependent on the deceased, may also be eligible to file a wrongful death lawsuit.

Understanding who is eligible to file is essential, as it determines the legal standing and potential recovery in a wrongful death suit. Family structures can be complex, and each case requires a thorough review to protect all eligible parties' rights. Legal guidance can help clarify these dynamics and assist in coordinating a unified approach to the lawsuit.

What Types of Compensation are Available for Wrongful Death?

Damages in a wrongful death lawsuit are typically divided into two main categories: economic and non-economic damages.

Economic damages are intended to compensate the family for the financial losses resulting from the death of their loved one. Common types of economic damages include:

• Lost Financial Support: Compensation for the deceased's financial support would have been provided to the family, including future earnings and benefits like health insurance or pensions.
• Funeral and Burial Expenses: Costs associated with the deceased's funeral, burial, or cremation.
• Loss of Gifts or Benefits: The value of any gifts or benefits the survivors would have expected to receive from the deceased in the future.
• Household Services: The value of services the deceased provided, such as childcare, housekeeping, or other domestic contributions that now must be replaced.

On the other hand, non-economic damages are meant to compensate for the emotional and intangible losses suffered by the surviving family members. Common types of non-economic damages include:

• Loss of Companionship and Society: Compensation for the loss of love, companionship, comfort, care, assistance, protection, affection, and moral support the deceased provided.
• Loss of Consortium: For a surviving spouse or partner, this refers to losing the deceased's companionship, emotional support, and intimate relationship.
• Emotional Distress: While California does not allow recovery for grief and sorrow, survivors may be compensated for the emotional pain and suffering caused by the loss of the relationship with the deceased.

Punitive damages are often a consideration as well, mainly when the death results from someone’s malicious intent. The court may award punitive damages as a way to punish the defendant for the action that led to your loved one’s death. While punitive damages can be substantial, you need the advice of a wrongful death attorney in Roseville to calculate the type and amount of damages to request. These damages not only represent compensation but also act as a deterrent against future negligence or malicious actions. Understanding how these components interplay in a wrongful death suit is essential, as each plays a critical role in the collective pursuit of justice and financial recovery.

Steps to Take Immediately Following a Wrongful Death in Roseville

In the tragic event of a wrongful death, families in Roseville may feel overwhelmed and unsure about their next steps. Taking immediate and correct actions can be crucial for the situation's emotional and legal landscape. First and foremost, securing a certified copy of the death certificate is paramount and is necessary for all legal proceedings. Families should also document any pertinent details surrounding the incident, such as witness contact information, photographs of the scene, and any relevant medical documentation.

Seeking legal counsel early can be incredibly beneficial. An attorney can help preserve evidence, communicate with insurance providers, and advise on potential litigation. It’s also recommended to avoid giving statements to insurance adjusters without legal representation, as initial statements can impact the course of future claims. The Law Offices of Larry S. Buckley can help streamline these processes, providing support and guidance through each complex step.

Get Help from Our Roseville Wrongful Death Lawyers Today

If you have lost a loved one due to the carelessness of another, contact the Law Offices of Larry S. Buckley. We can fully advise you of your right to recover under California law and work to ensure that you receive fair compensation for your losses. Each case requires meticulous attention to detail, from filing the necessary paperwork correctly to gathering compelling evidence that underscores the need for compensation. We strive to provide a supportive experience while advocating fiercely on your behalf, ensuring that your pursuit of justice is sound and practical.

If you have lost a loved one because of someone else's negligence or reckless actions, we're here to help you obtain justice. Call (916) 318-3988 or contact us online to discuss your options!

Wrongful Death FAQ

How Long Do I Have to File a Wrongful Death Lawsuit in California?

In California, the statute of limitations for filing a wrongful death lawsuit is generally two years from the date of death. This timeframe is crucial because if you miss it, you may forfeit your right to seek compensation in civil court. However, there are exceptions, such as when the death results from a government entity's negligence, which typically requires filing a claim within six months, meaning swift action is imperative. Consult a wrongful death attorney immediately to evaluate your situation and preserve your legal rights.

What is the Role of an Insurance Company in a Wrongful Death Claim?

Insurance companies often play a significant role in wrongful death claims, as they are frequently the entities responsible for disbursing compensation. However, it’s essential to understand that insurers aim to settle claims for the least amount possible. This often involves thorough investigations into the circumstances of the death, requiring detailed documentation and a clearly stated claim. Working with knowledgeable legal representation can ensure that you engage with insurance companies from a position of strength, advocating for a fair and comprehensive settlement rather than accepting a quick, possibly inadequate offer.

Why Would a Wrongful Death Claim Go to Trial?

While many wrongful death claims are settled out of court, there are instances where a trial becomes necessary. This might occur when the parties involved cannot agree on the extent of the damages or the assignment of fault. A trial is a more formal process where a judge or jury takes on the task of assessing evidence and delivering a verdict. The decision to go to trial also benefits from a strategic legal approach, as it involves risk and the understanding that trial outcomes can be unpredictable. Discussing the option of a trial with a wrongful death lawyer in Roseville is essential to making an informed choice that aligns with your family’s needs and case dynamics.

What Evidence is Vital in Proving a Wrongful Death Claim?

Establishing a wrongful death claim hinges on presenting comprehensive evidence that demonstrates negligence or intentional harm by the defendant. Essential evidence includes medical records, eyewitness statements, police reports, and expert testimony. If available, visual evidence, such as photographs of the accident scene or video footage, can also play a critical role. Collecting these pieces of evidence requires immediate action following the incident to ensure that nothing is overlooked or lost over time, emphasizing the importance of involving legal counsel early in the process.

Can Wrongful Death Lawsuits Be Settled Out of Court?

Yes, wrongful death lawsuits can often be settled out of court, which can expedite the resolution process and minimize the emotional strain on the bereaved family. An out-of-court settlement involves negotiations between the parties, often facilitated by legal representatives who present a strong argument for equitable compensation based on the evidence. These settlements can be advantageous as they avoid the unpredictability of a trial. However, they require expert negotiation skills to ensure that all of the family’s needs and losses are accurately accounted for in the agreed compensation.