Losing a loved one unexpectedly is one of the most devastating experiences a family can face. When that loss was caused by another party’s negligence, recklessness, or wrongful actions, surviving family members may have the right to pursue compensation through a wrongful death claim.
At Frank Penney Injury Lawyers, our Roseville wrongful death lawyers understand that no lawsuit can replace your loved one. However, pursuing legal action can help provide financial stability, accountability, and justice during an incredibly painful time. Our firm recognizes that every wrongful death case represents a real family suffering through unimaginable grief and our attorneys handle every case with the utmost care and respect that it deserves.
Contact us today at 888-888-0566 or by filling out our online contact form to schedule your free consultation.
What Is Considered Wrongful Death in California?
Under California law, wrongful death occurs when a person dies because of another individual’s negligent, reckless, or intentional actions. A wrongful death claim is separate from any criminal case that may arise from the incident, because even if criminal charges are never filed, surviving family members may still pursue compensation through civil court.
Wrongful death cases commonly arise from accidents such as the following:
Motorcycle accidents
Pedestrian accidents
Bicycle accidents
Dangerous property conditions
Workplace accidents
Defective products
Medical malpractice
Fatal construction accidents
Common Causes of Wrongful Death in Roseville
While fatal accidents can happen for a variety of reasons and at any time, but in Roseville, there is a certain trend of fatalities in certain types of accidents. If you and your family have suffered a loss in any of the following accidents, you are not alone and should contact an attorney to get a better understanding of your situation.
Fatal Motorcycle Accidents
Motorcyclists are generally vulnerable to severe injuries and fatalities due to the limited amount of protections they have.
However on roadways like I-80 and Highway 65, drivers have a tendency to not check their blind spots or yield during lane changes. According to reports from the California Office of Traffic Safety motorcycle crashes tend to frequently become fatal in Roseville every year because of negligent driving practices.
Pedestrian Fatalities
The U.S. Census’ Roseville Population Report states Roseville’s growing population and increased traffic congestion have contributed to pedestrian accidents near shopping centers, intersections, and residential areas. Much like motorcycle fatalities, pedestrians have even less protections when a vehicle hits them and even moderate vehicle speed may be enough to cause a fatality.
Workplace Fatalities
Construction sites, warehouses, and industrial workplaces throughout Placer County can expose workers to deadly hazards involving falls, machinery accidents, electrocution, and unsafe working conditions.
If these workplaces do not properly implement safety standards or ensure secure working conditions, fatal accidents can occur with devastating results.
Dangerous Property Conditions
Fatal slip and falls, negligent security incidents, swimming pool accidents, and structural hazards can all lead to wrongful death liability under California premises liability laws.
As these accidents can happen anytime and anywhere, the chances of a fatal accident occurring is considerably high and determining liability in these cases tends to become heavily disputed.
Who Can File a Wrongful Death Claim in California?
California law limits who may file a wrongful death lawsuit, but under California Code of Civil Procedure 377.60 eligible parties generally include:
Surviving spouses
Domestic partners
Children
Stepchildren
Parents
Financial dependents
Determining who has legal standing can become complicated in blended families or disputes involving multiple surviving relatives. As such, an experienced attorney can help the legal process by determining eligibility and protecting your family’s interests.
Damages Available in a Roseville Wrongful Death Claim
While there is no amount of money that can bring back a life, wrongful death compensation is intended to help surviving family members recover both financial and emotional losses resulting from their loved one’s death. These damages are categorized as either economic and non-economic damages.
Economic Damages
Economic damages are defined as out-of-pocket expenses that have accrued as a result of the incident. These damages are designed to compensate the surviving family for any sudden expenses they have faced as a result of the incident in question.
For instance, funeral and burial expenses, leftover medical bills related to the fatal injury, loss of future income, and loss of benefits and retirement contributions are all calculable costs that can be recovered in a wrongful death case.
Non-Economic Damages
Non-economic damages are defined as the physical pain and emotional suffering the surviving family has experienced as a result of the incident in question. These damages are designed to compensate the surviving family for any subjective damages they have suffered.
For example, loss of companionship, emotional distress, loss of emotional support, loss of consortium, pain and suffering, and loss of enjoyment of life are subjective damages that heavily impact a family’s emotional state and affect their quality of life. Due to the subjective nature of non-economic damages, these costs will always vary on a case-by-case basis.
How Comparative Negligence Affects Wrongful Death Claims
California follows a pure comparative negligence system and this means compensation may still be available even if the deceased person was partially at fault for the accident. For example, if a jury determines the deceased was 20% responsible for a fatal crash, the total compensation awarded would generally be reduced by 20%. However, insurance companies frequently attempt to use the comparative negligence argument to reduce payouts and minimize the surviving family’s claim.
How Insurance Companies Often Undervalue Wrongful Death Cases
On top of trying to minimize wrongful death claims by allocating fault, insurance companies may attempt to settle wrongful death claims quickly before families fully understand the long-term impact of their losses. For instance, initial settlement offers often fail to account for future lost income, emotional damages, and the full scope of financial hardship.
With that in mind, it is vital to hire a skilled wrongful death lawyer in Roseville to ensure insurance companies do not take advantage of grieving families during vulnerable moments.
How Long Do You Have To File a Wrongful Death Lawsuit in California?
California generally imposes a two-year statute of limitations for wrongful death claims as per California Civil Code of Procedure 335.1. Missing this deadline can permanently bar families from recovering compensation, no matter how much evidence they have.
However, certain cases may involve shorter deadlines, particularly if a government agency is involved. For example, fatal accidents involving public transportation vehicles, dangerous road conditions, or government employees may require claims to be filed within six months as per California Government Code 911.2.
Additionally, filing a claim as early as possible is highly recommended for more practical reasons, because evidence can disappear quickly after a fatal accident. With that in mind, it is important to speak with a wrongful death attorney as soon as possible.
Contact a Roseville Wrongful Death Lawyer Today
If your family lost a loved one because of someone else’s negligence, you should not have to face the legal process alone. The experienced Roseville wrongful death attorneys at Frank Penney Injury Lawyers are prepared to fight for accountability and pursue the compensation your family deserves.
We understand the emotional weight these cases carry, and we are committed to helping families throughout Roseville seek justice during some of the most difficult moments of their lives.
Contact us today at 888-888-0566 or by filling out our online contact form to schedule your free consultation and learn how we can help you pursue the recovery you deserve.