Roseville Wrongful Death Attorney

In California, a wrongful death lawsuit can only be filed if it meets all three of the following qualifications:

1. A person’s death was caused by a third party
2. The death was the result of the at-fault party’s negligence or harmful intent
3. There was a financial loss to the decedent’s estate and family as a result of the death

A death caused by someone’s negligence can occur in a number of ways. For example, a driver who is texting and runs a red light, causing a fatal crash, could be held liable for wrongful death. Murder also constitutes as an intentional wrongful death. A few circumstances that may lead to a wrongful death lawsuit include:

• Commission of a crime
• Exposure to occupational hazards or substances
• Medical malpractice
• Auto, motorcycle, or truck accident
• Animal attack
• Safety hazards

Damages in a wrongful death lawsuit are typically divided into two main categories: economic and non-economic damages.

Economic damages are intended to compensate the family for the financial losses resulting from the death of their loved one. Common types of economic damages include:

• Lost Financial Support: Compensation for the financial support the deceased would have provided to the family, including future earnings and benefits like health insurance or pensions.
• Funeral and Burial Expenses: Costs associated with the funeral, burial, or cremation of the deceased.
• Loss of Gifts or Benefits: The value of any gifts or benefits the survivors would have expected to receive from the deceased in the future.
• Household Services: The value of services the deceased provided, such as childcare, housekeeping, or other domestic contributions that now must be replaced.

On the other hand, non-economic damages are meant to compensate for the emotional and intangible losses suffered by the surviving family members. Common types of non-economic damages include:

• Loss of Companionship and Society: Compensation for the loss of love, companionship, comfort, care, assistance, protection, affection, and moral support the deceased provided.
• Loss of Consortium: For a surviving spouse or partner, this refers to the loss of the deceased's companionship, emotional support, and intimate relationship.
• Emotional Distress: While California does not allow recovery for grief and sorrow, survivors may be compensated for the emotional pain and suffering caused by the loss of the relationship with the deceased.

Punitive damages are often a consideration as well, especially when the death results from someone’s malicious intent. The court may award punitive damages as a way to punish the defendant for the action that led to your loved one’s death. While punitive damages can be substantial, you need the advice of a wrongful death lawyer in Roseville to calculate the type and amount of damages to request.