Davis Wrongful Death Attorneys

Wrongful Death Laws in California

California’s primary statute that governs wrongful death claims and actions is Code of Civil Procedure § 377.60. This statute explains who can and cannot file a claim, as well as the types of damages that may be pursued.

The basic idea behind wrongful death laws is accountability; that is, if someone causes another person’s death, whether through negligence, recklessness, or intentional misconduct, certain surviving family members can pursue a wrongful death claim and receive compensation.

Types of Compensation in Wrongful Death Damages

In a wrongful death involving an adult or child, there are two types of compensation: economic and non-economic.

• Economic damages: Damages that have specific amounts attached to them would be categorized as economic. Medical bills, funerals, burials, and end-of-life costs, if any, would be examples of economic damages. If the deceased person provided ongoing financial support to others before death, this amount would also be included as part of economic damages.
• Non-economic damages: Non-economic damages take somewhat more analysis to attach a dollar amount to, and consequently, are harder to prove. This is where a highly competent wrongful death attorney is vital, to make sure a fair value is placed on loss of companionship, comfort, love, care, assistance, protection, and other types of emotional and spiritual support. Additionally, loss of moral guidance may be part of non-economic damages.

Types of Wrongful Death Accidents

Almost any type of accident can be classified as wrongful death if someone’s intentional or negligent behavior caused another person’s death. Here is just a sampling of circumstances that can result in a wrongful death claim.

• Vehicle Accidents: Car, truck, motorcycle, and pedestrian accidents caused by negligent drivers.
• Medical Malpractice: Errors by doctors, nurses, or other healthcare professionals.
• Workplace Accidents: Fatalities resulting from unsafe working conditions.
• Product Liability: Deaths caused by defective or dangerous products.
• Premises Liability: Deaths caused by unsafe conditions on a property.

Wrongful Death vs. Accidental Death: Know the Difference

Wrongful death and accidental death are distinctly different in terms of filing a legal claim for damages.

An accidental death is one caused by unexpected or unintended circumstances, without negligence or misconduct by another person. Some examples of wrongful death include fatalities suffered in a natural disaster (weather-related) or choking when alone.

A wrongful death happens when a person dies directly due to another person or party’s negligence or intentional misconduct. An example would be a worker at a construction site who dies after falling from a ladder because it was proven that the employer had full knowledge of the faulty equipment and failed to provide a ladder that meets safety regulations as required by labor laws.

Hiring an Experienced Wrongful Death Attorney Serving the Davis Region

When it comes to filing a claim of any kind, it is almost always advantageous to hire an attorney with extensive experience in the area where the claim is being filed, for several reasons. A local attorney will have detailed knowledge of specific state and municipal laws, court procedures, and filing deadlines.

Next, an attorney with local experience will have established relationships and a wealth of resources to call upon, such as expert witnesses, accident reconstruction experts, and private investigators.

Finally, an attorney who knows the area where the accident occurred may have a deeper understanding of local judges and opposing counsel, which may help greatly when building a claim that has a high likelihood of going to court.

Wrongful Death Support Groups

If you know someone or if you have experienced the sudden loss of a loved one, regardless of the reason, resources exist that can help.

NAMI Yolo County offers bereavement counseling as well as drop-in adult support groups, including via Zoom, to Yolo County residents.

Sutter Health – Sutter Care at Home Bereavement Program provides free individual and group support to people of all ages, including children. For more information, call (916) 946-1404.

Schedule a Free Consultation with a Davis Wrongful Death Attorney

The Davis wrongful death attorneys at Eason & Tambornini have been providing compassionate and expert legal support to the area’s residents for over thirty years. Consultations are free, and there is no obligation to file a claim. You can ask questions and get a clear understanding of your options. If we do take your case and assist in filing a claim, you pay nothing until your case is settled. If you don’t win, you don’t pay.

Call Eason & Tambornini at (916) 438-1819 to schedule your free consultation.