Losing a loved one is like losing a piece of yourself. It takes time to grieve and heal from a tragic loss, but the healing process can be more complicated when a loved one’s death was caused by the careless actions of another. Legal action may feel impossible right now, but a compassionate attorney can help you seek fair compensation and provide support during this difficult time.
At Demas Law Group, our Folsom wrongful death lawyers provide comprehensive legal representation to mourning families. We want to be the rock you lean on, guiding you as you pursue justice, rebuild your life, and regain financial stability. With over 30 years of representing California families, our team has the experience, track record, and resources to help you demand accountability.
Contact our California wrongful death lawyers today to arrange a private, free consultation with a member of our firm.
What Is Wrongful Death Under California Law?
California law says that a wrongful death occurs when a person dies due to another party’s wrongful act or neglect. When someone else’s careless actions — either unintentionally or on purpose — cause a death, surviving family members can pursue compensation on behalf of their loved one.
Wrongful death lawsuits function similarly to personal injury cases. The main difference is who brings the claim. Because the victim cannot file it themselves, an eligible family member or representative can file the claim on their behalf.
Why You Need Our Folsom Wrongful Death Attorneys
Losing a loved one in an unexpected accident is a traumatic experience. Unfortunately, a sudden loss can also have drastic financial consequences, especially if the deceased was the family’s breadwinner.
A successful wrongful death claim in California can ease the financial strain and provide a sense of closure so that you can move forward. Involving a Folsom wrongful death attorney as soon as possible can get the legal process underway with as few disruptions to your life as possible.
At Demas Law Group, our legal team makes you the priority. Pursuing a wrongful death case isn’t about revenge, retribution, or money. It is about justice and helping your family cope with the emotional and financial hardships of losing a caring and productive family member.
Our firm has a successful record of providing California families with meaningful compensation in wrongful death cases, including:
- $9.75 million verdict in the case of an infant killed in a car accident involving a Sacramento police officer
- $5 million settlement for the family of a man killed in a tractor-trailer crash in San Joaquin County
- $3 million wrongful death settlement for the parents of a motorcyclist fatally struck in Oakland
While past results do not guarantee similar outcomes, they do reflect our firm’s commitment to pursuing compensation that makes a difference and brings comfort to our clients’ lives.
Who Can File a Wrongful Death Claim in California?
Only qualifying family members can file a wrongful death lawsuit in California. When they file the claim, all other heirs entitled to compensation must be added as plaintiffs.
Under California’s wrongful death statute, those entitled to compensation after the death of a family member may include:
- The surviving spouse or domestic partner
- Surviving children
- Grandchildren (if the deceased’s child has already passed away)
- Other financially dependent individuals, such as stepchildren
- Putative spouse or children of the putative spouse (in some cases)
In addition to family members, the personal representative of a deceased person’s estate may also file a California wrongful death lawsuit on behalf of the victim’s family.
Types of Compensation Available
For most California wrongful death cases, two types of compensation are available: economic and non-economic damages.
- Economic damages – Compensation for measurable losses such as loss of financial support, funeral and burial expenses, reasonable dollar value of household services they would have provided, and medical bills
- Non-economic damages – Money for loss of companionship, guidance, moral support, and intimacy
In rare cases, punitive damage may also apply if the at-fault individual’s behavior was reckless or malicious. Punitive damages are financial penalties imposed by the court to deter people from engaging in similar behavior in the future. A skilled attorney can explain the types of wrongful death compensation you may be entitled to after reviewing your case.
Legal Process for Filing a Wrongful Death Claim
The first step in the legal process is discussing your case with an experienced Folsom wrongful death attorney who can outline your options for pursuing compensation and help you understand your rights.
Generally, the steps of a wrongful death case may include:
- Investigation – Finding out what happened and who is liable for the victim’s death
- Evidence gathering – Collecting vital documentation to prove your case
- Demand letter – Presenting your claim to the at-fault party’s insurer and requesting full and fair compensation
- Settlement negotiations – Arguing with an insurer for maximum compensation
- Lawsuit – Filing a wrongful death suit if the insurance company won’t settle
- Discovery phase – Exchanging evidence with the opposing side to prepare for trial
- Trial – Presenting the case for a judge or jury to decide
An attorney can walk you through each step of the process and provide updates on the status of your case so you always know what to expect.
Common Causes of Wrongful Death
Many situations can trigger a wrongful death action. Many cases, such as motor vehicle accidents, slip-and-fall accidents, and medical malpractice, are due to negligence. However, intentional misconduct like criminal violence can also lead to a wrongful death claim.
Contact a Folsom Wrongful Death Attorney Today
If you lost someone you love because of someone else’s recklessness, the Folsom wrongful death lawyers at Demas Law Group are standing by to help. While no amount of money can make up for a life lost, obtaining just compensation can provide vital financial support in a time of need.
We aim to deliver legal services professionally and with a personal touch. But don’t just take our word for it. Here’s what past client Chetney S. says about working with our firm:
“Demas Law Group takes care of their clients. I would recommend Demas’ group to anyone who needs to be heard and represented. They go above and beyond to make sure their clients have peace of mind with their case.”
Come tell us your story. Contact Demas Law Group today to arrange a free initial consultation.
