Santa Rosa Wrongful Death Lawyer
Compassionate Wrongful Death Attorneys in Santa Rosa
When a person dies due to the negligence of another, their surviving family members may be able to bring a wrongful death lawsuit against the negligent party. In California, the statute of limitations to bring a wrongful death claim is two years from the date of the person’s death. Therefore, it is important for the family to contact an experienced Santa Rosa personal injury lawyer as soon as possible to ensure their rights are protected.
At Setareh Law, our experienced team of attorneys can help you and your family navigate the complexities of a wrongful death case. We understand the pain and grief you are feeling and are here to help you seek justice on your loved one’s behalf. Our goal is to provide you with comprehensive guidance through every step of the process and to ensure you receive the compensation you deserve.
What Types of Wrongful Death Claims Are There?
While no amount of money can ever make up for the loss of a loved one, wrongful death claims are a way to ensure that families are compensated for the physical, emotional, and financial losses they have suffered as a result of someone else’s negligence. Depending on the facts of the case, wrongful death claims can be based on several legal theories, including, but not limited to:
Motor Vehicle Accidents
As drivers, we all have the responsibility of exercising reasonable care when operating our vehicles. When a driver’s negligence or recklessness causes a fatal accident, the victim’s family may be able to bring a wrongful death claim against the at-fault driver or another liable party. Examples of negligence include improper maintenance of vehicles, driving under the influence, texting while driving, or speeding.
When a product is defective or dangerous and causes a person’s death, the victim’s family may be able to bring a wrongful death claim against the manufacturer, distributor, or retailer of the product. Examples of product liability cases include defective car parts, dangerous medications, and unsafe toys.
Property owners are obligated to keep their premises reasonably safe for visitors. When a property owner’s negligence results in a person’s death, the victim’s family may be able to bring a wrongful death claim against the property owner. Examples of premises liability cases include slip and falls, fires, and electrocutions.
When a person dies due to an unsafe work environment or an employer’s negligence, the victim’s family may be able to bring a wrongful death claim against the employer. Examples of workplace accidents include construction accidents, exposure to hazardous substances, and industrial accidents.
If a person dies during the commission of an illegal act, regardless of whether the death was intentional or accidental, the victim’s family may be able to bring a wrongful death claim against the person responsible. Examples of criminal acts include assault and battery, homicide, and death resulting from unsecured firearms.
Who Is Eligible to File a Wrongful Death Claim in California?
California law states that a wrongful death claim can be brought by certain family members and dependents of the deceased. These include the deceased’s spouse, domestic partner, and children. If the deceased did not have any of these relationships, the claim can be brought by the deceased’s parents or siblings. In some cases, the victim’s stepchildren, grandchildren, and other relatives may also be eligible to bring a wrongful death claim.
However, under some circumstances, a non-relative may be able to bring the claim, as long as that person has an interest in the inheritance of the deceased. Additionally, the administrator or executor of the deceased’s estate may be able to bring a wrongful death claim on behalf of the estate.
What Types of Damages Can Be Recovered in a Wrongful Death Claim?
Damages are monetary awards that are granted to the surviving family members to compensate them for their losses. In a wrongful death claim, damages may be awarded for both economic and non-economic losses, including:
Medical & Funeral Expenses
If the deceased was uninsured or insurance did not fully cover medical expenses related to the death, the family may be able to recover these costs. The plaintiff will need to show proof of the expenses in order to recover them so
If the deceased was the primary breadwinner in the family, the family may be able to recover lost wages, benefits, and other income that they would have received if the deceased had not died.
Pain and Suffering
Family members may be able to recover damages for mental anguish, emotional distress, and other non-economic losses. These damages may also include other factors such as loss of consortium, loss of guidance, and loss of household services, among others.
Seek Justice and Closure with Setareh Law’s Santa Rosa Wrongful Death Attorneys
The loss of a loved one is an experience that no one should have to go through, especially when the death was caused by someone else’s negligence. If you have suffered the loss of a loved one due to negligence, you may be entitled to file a wrongful death lawsuit to seek justice and closure. Setareh Law is here to help.
At Setareh Law, we know that no amount of money can make up for the loss of a loved one. However, we are here to help you seek the justice and closure you deserve and to ensure that those responsible are held accountable. Don’t suffer through this painful and exhaustive process alone. Contact us online or call us at (310) 659-1826 today to schedule a free consultation and learn more about your legal options.