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Wrongful Death Lawyer

Wrongful Death

The sudden and unexpected death of a loved one can be especially painful for the entire family. As experienced wrongful death lawyers we understand how difficult this is on you and your family. We know this is an incredibly trying time and we want extend our sympathies to you and your loved ones.

Wrongful Death Attorneys

As you now look to find answers and potentially hold a business or person responsible for the death of your family member, the attorneys at Curtis Legal Group are here to help. Our lawyers are experienced in wrongful death litigation, and know how to build the strongest case possible so you and your family can obtain justice and compensation for the wrongful death victim. And while we know this is a painful and confusing time, our experienced wrongful death attorneys have assisted many families in pursuing litigation for the wrongful death of a loved one.

Table of Contents

What is a Wrongful Death and should I hire a Wrongful Death Lawyer?

Wrongful Death Lawsuit

Wrongful Death FAQs

Locations

 

What is a Wrongful Death and Should I Hire a Wrongful Death Lawyer?

In order for a wrongful death case to proceed in California courts, there must be evidence of a negligent or intentional act. It is considered negligence when a person, business, or organization carelessly caused an accident that resulted in the death of another person.  In some cases, the at fault party may have failed to do something that would have prevented a deadly accident from occurring. Scenarios leading to wrongful death can often occur at work, but also include car accidents, pedestrian accidents, fires, slips and falls, and other fatal accidents that were caused by negligent behavior.

Negligence can also be found in medical malpractice cases, production of defective products, or dangerous prolonged exposure to toxic chemicals. An intentionally harmful act happens when a person knowingly hurts another, including murder, arson, and assault.

Wrongful Death Lawsuit

Wrongful Death Litigation in California: Civil vs Criminal

Depending on the cause of death, criminal charges could be filed against the responsible parties, but those legal proceedings are conducted independently of a civil wrongful death case. A favorable result in a wrongful death civil lawsuit results in financial compensation to the victim’s survivors and cannot not send a responsible party to jail for their actions. A criminal case would be initiated by a government entity and only that type of case could involve criminal penalties.

Wrongful Death Damages

For a wrongful death case to be valid, your lawyers must present evidence of the losses that resulted from your loved one’s passing. Financial loss is most commonly used in court because it is the easiest to quantify. If the deceased provided income to the household, losing that income can be a huge loss for a family. Additionally, the medical bills for any care received before your loved one died, as well as any funeral expenses, can be a drain on family resources. As your wrongful death lawyer, we will fight to get all available financial damages from the responsible parties.

In California, wrongful death damages can be awarded to the decedent’s survivors to pay for expenses including but not limited to:

As the wrongful death lawyer for you and your family, we will fight to get the surviving family members financial compensation for your loved one’s tragic passing. Our lawyers will work to prove that your family’s monetary losses, as well as emotional, caregiving, and other losses, are all significant and justified.

Wrongful Death Claim

By law, California only allows certain individuals to file a wrongful death claim. These individuals include surviving spouses, qualified domestic partners, children, and grandchildren. Parents can also sue for the wrongful death of an adult child if they were financially supported by them and in other circumstances.

Finding a trustworthy and caring wrongful death lawyer to guide your family through filing a wrongful death claim or lawsuit is essential to making the process go smoothly while you are grieving. As your wrongful death lawyer, we will thoroughly investigate the events surrounding the death of your loved one, find all responsible parties and determine the best course of action to pursue your wrongful death lawsuit.

Wrongful Death Attorney Frequently Asked Questions

What qualifies as wrongful death?

Wrongful death occurs when someone is killed due to the misconduct or negligence of a person or entity. It is different from murder or manslaughter, both of which are criminal charges, because wrongful death is a cause of action under civil law. When someone files a wrongful death lawsuit, they are seeking to collect financial compensation for the loss of their loved one.

What are the most common causes of wrongful death?

Some common causes of wrongful death include car accidents, medical malpractice, airplane accidents, workplace accidents, nursing home abuse or neglect, and products liability. Any situation where a death occurs due to someone else’s bad acts or negligence could potentially be pursued as a wrongful death case.

How long do wrongful death cases take?

The length of time required to resolve a wrongful death case varies greatly depending on the details of the case. Some death claims can be finalized in a matter of months, but many wrongful death cases take from one to four years. You have two years from the date of the death to file a wrongful death lawsuit.

How do you prove wrongful death?

In order to be able to bring a wrongful death case, the plaintiff needs to prove that the defendant had a duty to act in a way that would have prevented the death. For example, drivers have a duty to obey traffic laws and drive safely. Doctors have a duty to provide appropriate medical care to patients. The case hinges on the ability of the survivors to prove the at fault party or parties’ negligence or misconduct caused their loved one’s death.

Who gets the money in a wrongful death lawsuit in California?

Any compensation awarded in a wrongful death lawsuit in the state of California is awarded in the following order:

  1. The surviving spouse or domestic partner.
  2. The surviving children.
  3. The surviving grandchildren.
  4. Whoever is next in line to inherit.

In the death of a minor, the compensation goes to the parents. In addition, parents who are being financially supported by an adult child can also potentially recover financial compensation for their loss.

Where are you located?

We are conveniently located in Sacramento, CA but have three other locations in Northern California.

Wrongful Death Attorney Sacramento

601 University Ave. # 181, Sacramento, CA 95825

Modesto Wrongful Death Attorney 1300 K Street, Suite B, Modesto, CA 95354

Fresno Wrongful Death Attorneys 1444 Fulton Street, Ste 208, Fresno CA

Stockton Wrongful Death Lawyer 5250 Claremont Ave. Ste. 126, Stockton, CA 95207

Contact a Wrongful Death Lawyer at Curtis Legal Group and Start Your Case Investigation Today

Even if the at fault party in your wrongful death case is a company, you will likely be dealing with their insurance provider and its attorneys. We have extensive experience standing up to corporate insurance companies and have successfully helped families obtain the financial compensation they’re owed.  Insurance companies do not have your best interests at heart and do not want to provide your family with maximum, if any, compensation. We are familiar with their tactics and will work to ensure your family is taken care of. Wrongful death cases will often settle out of court; however, if a settlement cannot be reached, we are prepared to fight for your family in court.

Our caring and experienced wrongful death lawyers understand that our work cannot heal the wounds caused by the unexpected and often preventable death of your loved one, but we can help bring you some semblance of closure by holding the responsible party or parties accountable and providing financial compensation to give your family a stronger financial foundation with which to move forward. If you believe someone else’s actions were the cause of your loved one’s death, contact Curtis Legal Group today at 1-800-LAW-3080 or send us a message below and we will reach out to you shortly.