Providing legal services to those who have lost a loved one due to the actions of another in Folsom, Sacramento, Granite Bay, Tahoe, and throughout California
Losing a loved one due to the negligence or wrongful actions of another party is a devastating experience that no family should have to endure. A wrongful death claim occurs when an individual dies as a result of the negligence, recklessness, or intentional misconduct of another person or entity. This can include a wide range of incidents, including Car Accidents, Motorcycle Accidents, Truck Accidents , Bicycle Accidents , Wrongful Death, Dog Bites, Premises Liability / Slip & Fall, Uber / Lyft Accidents, Brain Injuries (TBI), and Pedestrian Accidents. Wrongful death claims are civil lawsuits brought by the surviving family members or estate representatives of the deceased, seeking compensation for their losses and holding the at-fault party accountable for their actions. These cases can run alongside criminal cases, and can continue even in situations where the criminal charges against the potentially at-fault party are dropped.
Who Can Make A Wrongful Death Claim?
Under California Code of Civil Procedure section 377.60, the following parties may make a wrongful death claim for the loss of a loved one:
- The deceased’s surviving spouse if they were married at the time of the death
- The deceased’s surviving children
- The deceased’s surviving domestic partner
- Parties entitled to the deceased’s property in the event the deceased didn’t have a will
- A surviving minor that resided with the deceased for 180 prior to the death and was dependent on the deceased for at least half of the minor’s support
- A personal representative of the deceased
If you have lost a loved one due to the negligence of another, please don’t hesitate to contact Shaaban Law. We would be honored to help you seek the compensation you and your family are entitled to.
Types Of Damages Recoverable For Wrongful Death
There are generally two types of damages that can be pursued in connection with wrongful death claims. According to California Civil Jury Instructions section 3921, these are “economic” and “non-econmic” damages. Economic damages include:
- Financial support that would have been contributed had the accident and death not occurred;
- The value of gifts or benefits expected during the life expectancy of the deceased;
- Funeral and burial expenses:
- The reasonable value of household services that could have bene provided.
Non-economic damages include:
- Loss of consortium, which includes the loss of love, companionship, comfort, care, assistance, protection, affection, society, moral support, and sexual relations;
- Grief, anxiety, loss of affection;
- Emotional distress;
- Pain and suffering;
- Loss of guidance.