Dixon Wrongful Death Attorneys

Wrongful Death vs. Accidental Death

The specific circumstances of your loved one’s death determine how it is classified – wrongful death or accidental death. A primary criterion is the presence of intent (e.g., if someone acted recklessly or with negligence to inflict harm or cause death on purpose).

As a hypothetical example, suppose the driver of a car on the Dixon-Davis Bike Route, a known roadway shared by cyclists and vehicles, loses control due to distracted driving, such as texting. If that driver veers off the roadway, striking and killing a cyclist, it could be considered negligence and therefore warrant a wrongful death claim. Now, if a driver suffered a heart attack while driving, veered off the same roadway, and caused a cyclist’s death, the cause of death would likely be categorized as accidental.

How are settlement amounts calculated in wrongful death claims?

Several factors contribute to the settlement amount, including the deceased’s age, income, future earning capacity, and health at the time of the accident. The value of the deceased person’s lost benefits for their dependents would also be factored in, including pension, social security, health insurance, etc.

How Do Wrongful Death Cases Occur?

Wrongful death claims may result from a variety of situations and scenarios, including vehicle accidents, workplace accidents, product liability accidents, and premises liability accidents.

What are California’s Wrongful Death Laws and Statutes?

California Code of Civil Procedure § 377.60: As the primary statute governing wrongful death actions in California, this civil code determines when a claim can be filed and which type of damages may be recoverable.

Key Principles Present in Wrongful Death Cases: When someone’s negligence, recklessness, or intentional misconduct results in the death of another, certain surviving family members can seek compensation under Civil Procedure § 377.60.

What is the difference between economic vs. non-economic damages in wrongful death cases?

Economic damages are financial injuries associated with a dollar amount. They may include the cost of funerals, burials, or other financial injuries. Economic damages would also include financial support provided by the deceased person, calculated based on past earnings and contributions to the household. Lawyers depend on expert witnesses, such as accountants or financial planners, to determine these damages.

Non-economic damages are those that are not associated with a dollar amount and, as a result, are more complicated to calculate and prove. Considerations include: loss of emotional support such as love and companionship; loss of physical support and protection; loss of spiritual or moral guidance; and for spouses, loss of sexual relationships.

Who Can File a Wrongful Death Claim in California

As a way to hold responsible parties accountable for their actions, specific family members may pursue wrongful death claims under California law. Those family members include:

• Spouse or domestic partner of the deceased
• Surviving children of the deceased
• Other: Under certain conditions, a parent or sibling may file a wrongful death claim if the deceased had no immediate family members.

Dixon Wrongful Death Attorneys Who Provide Comprehensive Legal Support

Our wrongful death attorneys serving the Dixon community will absorb the duties of communication and negotiations with the responsible party’s insurance company and lawyers. This protects you from saying something that will jeopardize your claim.

In the event of a trial, our Dixon attorney will represent you in court, make sure all paperwork is filed accurately and on time, and aggressively pursue a successful outcome utilizing our firm’s combined one hundred years of experience.

Support for Loved Ones Left Behind Following a Wrongful Death

Anyone in need of grief counseling and help, including those who have suffered a loss through a wrongful death situation, has options for support.

GriefShare is a national network of grief support groups, with local chapters, including in the Dixon area. GriefShare offers group support meetings, video seminars, and one-on-one support.

Center for Loss & Hope, part of YoloCares, offers professional support to people of all ages. Programs for teens, children, and adults range from specialized grief support groups to general meetings and are held in person and via Zoom. Additionally, specific groups for LGBTQ+ and Spanish-speaking community are offered.

Wrongful Death Attorneys Serving Dixon Are Available with No Upfront Fees

If you have suffered the loss of a loved one due to the negligence of another, the wrongful death attorneys at Eason & Tambornini are here to help. Our attorneys serving the Dixon area have helped countless people secure fair settlements in our more than three decades practicing law in California.

There is no reason not to call and get the answers you need. Consultations are free, and if we take your claim, you pay nothing unless and until you win a settlement. If you decide not to move forward with a claim, you owe nothing for the consultation. Our contingency fee structure makes it possible for anyone who needs legal assistance to get it, and we are dedicated to making the wrongful death claim process as streamlined and comfortable for surviving loved ones as we possibly can.

Call Eason & Tambornini at (916) 418-1819 to schedule your free consultation.