Losing a loved one is never easy. Learning that their death was preventable only adds to the heartache. Under California law, you may have the right to pursue a wrongful death claim against those responsible for your loved one’s passing. The Elk Grove wrongful death lawyers at Demas Law Group can help you assert your rights, pursue justice, and demand compensation for what you endured.
For over 25 years, our firm has worked tirelessly to help California families like yours. Put our legal team’s fierce and compassionate experience to work for you. You need time and space to heal, not a legal battle. We’ll do the fighting for you. Contact us today for a free consultation with an Elk Grove wrongful death attorney.
What is a Wrongful Death Claim?
A wrongful death occurs when a person dies due to the wrongful acts or omissions of another party. Often, these cases involve deaths due to someone else’s negligence, recklessness, or intentional acts.
Wrongful death claims allow surviving family members to recover compensation for financial and personal losses caused by their loved one’s death.
Common examples of wrongful acts that may give rise to a wrongful death claim include:
- Motor vehicle accidents
- Premises liability accidents
- Product liability accidents (e.g., defective airbags or power tools)
- Medical malpractice
- Child abuse
- Elder abuse or neglect
Legal Rights for Surviving Family Members
If your family member died due to another party’s wrongful conduct, you could qualify to seek compensation in two ways. The first is a wrongful death lawsuit. These cases provide compensation to family members for the losses they suffer due to their relative’s death.
Families can also pursue compensation in a separate action called a survival action. Whereas wrongful death claims compensate surviving family members for the losses they incur due to their loved one’s death, a survival action allows the victim’s estate to seek compensation for the injuries the victim suffered. In other words, a survival action represents the personal injury claim the victim could have filed if they survived.
Financial compensation available in wrongful death claims includes:
- Financial support the victim would have provided to their family during their lifetime
- Loss of inheritances, gifts, or benefits that heirs would have received
- Funeral and burial expenses
- The reasonable value of household services the victim performed, such as home repairs, housekeeping, or childcare
- The victim’s love, companionship, care, comfort, assistance, protection, affection, society, and moral support
- A spouse’s loss of a decedent’s intimacy and companionship
Compensation available in a survival action includes:
- Loss of income between the victim’s date of injury and death
- Medical expenses before their death
- Pain and suffering (up until Jan. 1, 2026, unless the California legislature decides otherwise)
- Property damage related to the victim’s injuries
Additionally, punitive damages may be recoverable if the at-fault party’s actions were especially reckless or egregious.
Navigating the Wrongful Death Legal Process
In California, specific family members have the right to file a wrongful death lawsuit, including:
- A spouse or domestic partner
- The victim’s children (or grandchildren if their children have died)
- Minor children (such as stepchildren) who were dependent on the victim for at least 50 percent of their financial support
- Any family member entitled to inherit from the victim under California’s intestacy laws
The process of pursuing a wrongful death case involves several stages, including:
- Investigating the circumstances of a loved one’s death to gather evidence and build a legal case against the at-fault party(s)
- Documenting financial losses incurred by the victim and their family after the death
- Identifying liable parties and evaluating avenues for recovering compensation
- Filing insurance and legal claims, including demand letters
- Negotiating a settlement with liable parties and insurers
- Filing a lawsuit before the statute of limitations expires
The California statute of limitations for wrongful death claims gives your family two years from the date of your loved one’s death to file a lawsuit. Families must bring survival actions within two years of the wrongful act or six months after the victim’s death, whichever is later. In some cases, combining a wrongful death suit and a survival action into one lawsuit is possible. It is critical to contact an Elk Grove personal injury law firm as soon as possible to ensure you file by the correct deadline.
Wrongful death cases can involve complex factual and legal issues. Hiring legal counsel to advocate for your family’s right to financial recovery and accountability can give you the best chance at securing a favorable outcome to your wrongful death case.
Why Choose Demas Law Group?
Your family deserves justice, and your loved one’s memory should be honored. Hiring experienced, dedicated legal counsel to handle your wrongful death case can help you enforce your rights while getting the space you need to grieve and heal.
A wrongful death lawyer from Demas Law Group will provide sympathetic and uncompromising legal service during this difficult time. We have:
- Experience – Our firm has over 25 years of experience advocating for families in wrongful death claims, holding those responsible for their loss accountable for their wrongdoing.
- Proven results – Our Elk Grove personal injury attorneys have secured record-breaking settlements and verdicts for our clients. Insurers and defense firms recognize our tenacity and willingness to go the distance to secure the best possible results for our clients at the negotiating table and in court.
- Quality client service – When you contact Demas Law Group, you will meet with a knowledgeable Elk Grove wrongful death attorney who will give you an honest, straightforward assessment of your claim. You will work with the same attorney from start to finish. Our team members are always available when you need them.
Contact Our Elk Grove Wrongful Death Law Firm Today
You deserve justice if your family lost a loved one due to another party’s negligent or wrongful acts. You’ll find the legal help you need at Demas Law Group. Call or contact us today for a free consultation with our Elk Grove wrongful death attorneys.
