Santa Rosa Wrongful Death Lawyers

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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 Santa Rosa wrongful death lawyers can create and file the necessary paperwork, negotiate with at-fault parties and their insurers, and aggressively represent your best interests during court hearings.

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

What is Wrongful Death?

A wrongful death lawsuit is a legal claim brought when someone dies due to the negligence, recklessness, or intentional actions of another person or entity. These lawsuits are typically filed by close family members or the estate of the deceased and seek compensation for losses such as funeral expenses, lost income, emotional suffering, and loss of companionship. The goal is to hold the responsible party accountable and provide financial support to those affected by the untimely death.

Who Can File a Wrongful Death Claim 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.

Common Causes of Wrongful Death

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.

Understanding 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.

What Is "Standard of Proof" in Wrongful Death Claims?

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.

Types of Compensation Available 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.

FAQs About Wrongful Death in Santa Rosa, CA

What is the statute of limitations for filing a wrongful death claim in California?

Generally, wrongful death claims in California must be filed within two years from the date of the person's death. However, there are exceptions. For instance, if the death resulted from medical malpractice, the claim may need to be filed within one year. Additionally, if the claim is against a government entity, a claim must typically be filed within six months. Failing to meet these deadlines can result in the loss of the right to pursue compensation

What is the process for pursuing a wrongful death lawsuit in Santa Rosa?

The process typically begins with consulting an experienced wrongful death attorney who can assess the merits of the case. The attorney will then conduct a thorough investigation, gather evidence, and identify liable parties. A claim is filed, and the parties may engage in settlement negotiations. If a settlement isn't reached, the case proceeds to trial, where a judge or jury determines liability and damages. Throughout this process, our Santa Rosa wrongful death attorney advocates on behalf of the family to achieve a fair outcome.

What happens if the deceased was partly at fault for the incident?

California follows a “pure comparative negligence” rule, which means that if the deceased was partially responsible for their own death, the compensation awarded can be reduced by their percentage of fault. For example, if the court finds the deceased 30% responsible for a fatal car accident, the total damages awarded to the family may be reduced by that amount. Even if the deceased was mostly at fault, a partial recovery is still possible, which makes legal consultation important in such cases.

Can wrongful death claims include pain and suffering the deceased experienced before dying?

Yes, but this is handled through a “survival action,” which is often filed alongside a wrongful death claim. While the wrongful death suit compensates surviving family members for their loss, a survival action seeks damages the deceased could have claimed if they had survived—such as pain, suffering, and medical expenses incurred between the injury and death. These actions must be filed by the personal representative of the deceased's estate and are subject to separate legal rules.

Are wrongful death settlements taxable in California?

Generally, wrongful death settlements are not subject to federal or state income tax when they are compensating for physical injury or emotional suffering due to the loss of a loved one. However, any part of the settlement that covers lost wages or interest on the awarded amount could be taxable. It’s wise to consult with a tax advisor or your attorney to understand how the settlement will be treated in your specific situation.

Why Hire Our Santa Rosa Wrongful Death Lawyer?

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. 

We 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. 

Our team 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 or at (707) 405-7391 for legal representation today.