Wrongful Death Attorneys in Santa Rosa, CA

Losing a loved one is never easy. It can be even more difficult if that loved one dies under suspicious circumstances. The death of a person is labeled as suspicious when they die unexpectedly, during an unlawful act, or the death cannot be explained by a medical expert, like a coroner.

In the event of a death caused by the negligence of another, specific individuals have statutory rights to pursue a wrongful death claim seeking damages against the responsible parties. For example, if a loved one dies unexpectedly due to a pacemaker that fails to function as designed, certain persons have the right to pursue a damages claim against the pacemaker manufacturer and perhaps others.

At Smith Dollar, our capable attorneys are well versed in what does and does not make for a wrongful death claim or lawsuit. We understand California law and how it can be applied to your circumstances. Our team can create and file the necessary paperwork, negotiate with at-fault parties and their insurers, and aggressively represent your best interests during court hearings.

You want a team of experienced lawyers to help you assemble the strongest case possible. Our firm has a proven track history of doing so.

Schedule a free initial consultation with a Santa Rosa wrongful death lawyer by contacting us at (707) 405-7391. 

Who Can Pursue Wrongful Death Claims in California? 

In California, the right to pursue a wrongful death claim is typically granted to close family members of the deceased. This commonly includes the surviving spouse or domestic partner and children. 

Parents of the deceased can also file a wrongful death claim if there is no surviving spouse or children. In certain situations, anyone who was financially dependent on the deceased, such as putative spouses and children of the putative spouse or stepchildren, can also file a claim.

What Types of Incidents Can Cause Wrongful Deaths? 

Any accident or incident in which a party is responsible for the death of another can lead to a wrongful death claim.

Examples include: 

• Motor vehicle accidents - including cars, motorcycles, trucks, bicycles, and pedestrians
• Medical malpractice - such as surgical errors, misdiagnosis, or birth injuries
• Workplace accidents - in sectors such as construction, manufacturing, or agriculture
• Product liability - faulty or dangerous consumer products causing injury or death
• Premises liability - accidents on someone else's property due to negligence or unsafe conditions
• Elder abuse or neglect - particularly in nursing homes or long-term care facilities
• Violence - including assault and homicide
• Accidents involving public transportation - such as buses, trains, or airplanes
• Boating accidents - due to operator negligence or product defects.

Wrongful Death vs. Criminal Charges

Wrongful death claims and criminal charges are distinct but can arise from the same incident. While the state brings a criminal case, which can result in penalties like imprisonment or fines, a wrongful death claim is a civil lawsuit brought by the family or dependents of the deceased, seeking compensation for their loss. Both can occur concurrently, with the wrongful death lawsuit often following the conclusion of the criminal trial.

Standard of Proof

The "standard of proof" is the level of certainty required to establish a fact or facts in a legal proceeding. In a wrongful death claim, the standard of proof is lower than in a criminal case. For a wrongful death claim, the plaintiff must prove by a "preponderance of the evidence" that the defendant's negligent or intentional act caused the death. In contrast, a criminal case requires proof "beyond a reasonable doubt," a much higher standard, to convict the accused.

Potential Compensation in Wrongful Death Claims

Compensation in a wrongful death claim can include both economic and non-economic damages. Economic damages compensate for financial losses, such as medical and funeral expenses, loss of income, and loss of future earnings the deceased would have provided. 

Non-economic damages aim to compensate for less quantifiable losses. These can include emotional loss for family members due to the death, such as loss of love, companionship, comfort, care, assistance, protection, affection, society, and moral support. The exact types of compensation and amounts can vary significantly depending on the case’s specifics.

Why You Need a Lawyer for a California Wrongful Death Claim

Engaging a competent lawyer for a wrongful death claim is crucial for several reasons. First and foremost, wrongful death claims involve complex legal procedures and require a deep understanding of the law. 

An experienced lawyer can help navigate these complexities and ensure all legal requirements are met. Moreover, our wrongful death attorneys possess the skills to collect and analyze evidence, rigorously evaluate the claim's worth, and negotiate with insurance companies or opposing counsel, maximizing the potential compensation. 

We can provide much-needed support during a difficult and stressful time, allowing you and your family to focus on healing while we manage all aspects of your case. 

Contact Smith Dollar online or at (707) 405-7391 for legal representation today.