Losing a loved one due to someone else’s careless or intentional acts is heartbreaking. If this happened to you, you deserve the accountability, justice, and closure that comes with holding the negligent party responsible for their actions. In California, you could be eligible to seek compensation by filing a wrongful death claim for your loss. At Demas Law Group, we can support and advise you throughout the process by providing superior legal representation and compassionate client service.
Contact us today for a free consultation with a Roseville wrongful death lawyer.
What is Wrongful Death?
In California, wrongful death occurs when a person dies due to someone else’s negligence, recklessness, or intentional acts. Wrongful death does not require a crime to have happened. Instead, wrongful death claims can arise from accidents caused by ordinary negligence or recklessness.
Why Is It Important to Hire a Wrongful Death Lawyer in Roseville?
Seeking justice for a loved one’s passing in a wrongful death claim can involve complex factual and legal issues. When you hire a Roseville wrongful death attorney from Demas Law Group, you’ll benefit from an advocate and team who will thoroughly investigate your claim to build a compelling case for maximum compensation and accountability from the at-fault party. Your lawyer can handle all the details of your case so your family can mourn in peace.
The Legal Process for Wrongful Death Claims
Pursuing a wrongful death claim starts with an investigation of the accident or events that led to your family member’s death. The investigation focuses on obtaining evidence to prove the other party’s liability for the incident. After recovering evidence, your wrongful death attorney will prepare a formal insurance claim or demand letter to file with the liable party’s insurance company. After reviewing your claim, the insurer may negotiate with your lawyer for a settlement.
In some cases, families may need to file a wrongful death lawsuit to pursue their claims in court. After filing initial pleadings, the next stage of the litigation process involves discovery, where parties exchange evidence and depose witnesses to narrow down issues and disputes for trial. Parties may also file motions to dismiss claims or obtain summary judgment without going to trial.
If a settlement cannot be reached, a wrongful death lawsuit may go to trial. The parties can present witnesses and evidence to a judge or jury in court, who will issue a verdict resolving the outstanding claims in the case.
Wrongful death claims can be complicated. Having an experienced Roseville wrongful death lawyer on your side can improve your chance of securing full and fair compensation.
Types of Compensation in Wrongful Death Cases
In a wrongful death claim, your family may have the right to recover compensation for financial and personal losses you experience due to your loved one’s passing. Following the death of an adult, surviving family members may have the right to recover money for:
- Financial support the decedent would have contributed to the family
- The loss of gifts or benefits that family members expected to receive
- Funeral and burial expenses
- The reasonable value of household services the decedent would have provided
- Loss of the decedent’s love, companionship, comfort, care, assistance, protection, society, and moral support
- Loss of the decedent’s training and guidance
- A spouse’s loss of enjoyment of intimate relations with the decedent
Compensation that families can recover following the wrongful death of a minor child includes:
- The value of the financial support the minor would have contributed to the family during their life
- The loss of gifts or benefits family members could have expected to receive from the minor
- Funeral and burial costs
- The reasonable value of household services performed by the minor
- Loss of the minor’s love, companionship, comfort, care, assistance, affection, society, and moral support
Courts instruct juries deciding Roseville wrongful death legal cases to use their judgment to decide a reasonable compensation for non-economic losses, such as the decedent’s love, companionship, comfort, support, and guidance.
What is the Difference Between Wrongful Death Claims and Survival Actions?
People often know of the possibility of filing wrongful death lawsuits after a family member’s untimely passing. California law also allows for survival actions, which involve distinct legal issues compared to a wrongful death case.
A successful wrongful death claim provides surviving family members with compensation for the losses they suffer due to a loved one’s passing. However, a survival action in California represents the personal injury claim the victim could have filed if they lived. The estate sues for the losses the victim sustained. This money could include loss of income between the time of the victim’s final injury or illness and their death, final medical expenses, and conscious pain and suffering experienced by the victim before their passing.
If the victim died immediately at the scene of the incident, a survival action may not be a valid legal option. After reviewing the case, an experienced wrongful death attorney can advise on your legal options.
Why Choose Demas Law Group?
Families turn to the Roseville wrongful death lawyers at Demas Legal Group to guide them through the wrongful death claims process with compassion and care. Our firm has over 25 years of legal experience. Insurance companies know us as tough negotiators and smart litigators for wrongful death victims. We leave no stone unturned in pursuing maximum financial compensation for our clients. You can count on our personal injury attorneys to provide dedicated legal service and make ourselves available when you need us after your loved one’s death.
Are you worried about paying for a lawyer right now? Don’t be. The wrongful death attorneys at Demas Law Group take cases on a contingency fee basis. That means we handle all costs related to your case upfront. You only pay if we obtain a financial recovery at the conclusion of your case.
Contact a Wrongful Death Attorney in Roseville, CA Now
Legal assistance is just a phone call or click away. Call or contact Demas Law Group for a free consultation with an experienced wrongful death lawyer.
