Did you lose someone you love at the hands of another person’s negligence? At Omega Law Group Injury & Accident Attorneys, we know that wrongful death cases are heartbreaking, and they put a lot of families through more than they should ever have to endure.
In addition to the emotional pain inflicted by such a devastating experience, the families of those who have died often face unexpected financial burdens. From medical bills to funeral costs, expenses can quickly add up, but a Santa Rosa personal injury lawyer can help.
When you hire a Santa Rosa wrongful death lawyer from our law firm, you can trust us to seek justice for your loved one and advocate for your rights as their surviving family members. With decades of combined experience, we can help you receive financial compensation.
The Definition of a Wrongful Death Claim
A wrongful death claim is a type of legal action that is brought by surviving family members against the person or entity responsible for their loved one’s death. These claims aim to provide financial compensation for the losses suffered by the surviving family.
Compensation often covers both emotional and financial damages. Wrongful death claims arise from a number of incidents, including—but not limited to—the following:
- Car accidents: Reckless, distracted, or impaired driving can lead to fatal crashes.
- Truck accidents: Large commercial trucks might cause catastrophic collisions.
- Motorcycle accidents: Motorcyclists are especially vulnerable to fatal injuries.
- Bicycle and pedestrian accidents: Drivers who fail to yield can cause deadly collisions.
- Slip and fall accidents: Dangerous property conditions could lead to fatal injuries.
- Medical malpractice: Negligent doctors, nurses, or hospitals may result in otherwise preventable deaths.
- Defective products: Faulty vehicles, machinery, or consumer products can be deadly.
- Workplace accidents: Construction and industrial sites pose serious risks to workers.
- Criminal acts: Assault, homicide, or other intentional harm can result in a wrongful death claim.
If you have lost a loved one in any of these situations, we recommend meeting with a wrongful death attorney in Santa Rosa. Your lawyer can help you explore your legal options and take the route that offers favorable results in your case.
Who Can File a Wrongful Death Claim in California?
Under California law, the following individuals may be eligible to file a wrongful death lawsuit:
- Spouse or domestic partner: The surviving spouse or registered domestic partner usually has first priority.
- Children: Biological and legally adopted children of the deceased might be able to file a claim on behalf of their deceased parent.
- Parents or siblings: If the deceased did not have a surviving spouse or any children, the parents or siblings of the person who died may be eligible to file a lawsuit.
- Financial dependents: Stepchildren or other dependents who relied on the deceased for financial support are another party who could seek justice via a wrongful death lawsuit.
Damages Available in a Wrongful Death Lawsuit
Wrongful death claims seek compensation for both economic and non-economic losses suffered by surviving family members.
Economic Damages
These are examples of financial losses that you can pursue compensation for:
- Costs of emergency treatment, hospitalization, or end-of-life care
- Expenses associated with funeral home services, burial, or cremation
- Money to compensate for the deceased’s lost earnings and financial contributions
- Loss of retirement funds, health insurance, or other benefits
Non-Economic Damages
Here are a few emotional losses you can seek financial compensation for:
- Loss of companionship
- Loss of guidance
- Pain and suffering
In some cases, punitive damages might be awarded to the at-fault party if the deceased person’s death was caused by gross negligence or intentional harm. However, these damages do not financially compensate the loved ones of the victim.
Instead, they are imposed upon the party—or parties—responsible for causing the death in the first place. Punitive damages are designed to punish the liable party while simultaneously preventing similar actions from taking place in the future.
Statute of Limitations for Wrongful Death Claims in California
Under California law, families have two years from the date of their loved one’s death to file a wrongful death lawsuit. This 24-month statute of limitations could be shortened or extended depending on the circumstances of the situation.
It’s important to contact a wrongful death law firm in Santa Rosa for specifics regarding the timeline that applies to your case. Your lawyer can help you make sure you don’t miss any deadlines.
Otherwise, you could lose your right to pursue compensation altogether.
Contact a Santa Rosa Wrongful Death Law Firm For Legal Representation Today
Losing a loved one due to someone else’s negligence is a devastating experience. It’s a situation that often leaves families grappling with emotional trauma and unexpected financial burdens.
While no amount of compensation can replace your loss, filing a wrongful death claim can provide you with financial assistance and give you an opportunity to hold the responsible party accountable. If your family is facing this painful situation, reach out to Omega Law Group.
We will investigate the accident, determine the liable party or parties, and advocate for your right to pursue full compensation. While you focus on grieving and healing, our firm will fight for the justice you and your loved one deserve.