Elk Grove Wrongful Death Attorneys

The Difference Between Wrongful Death and Accidental Death

Under the law, wrongful death is defined as the death of someone that is caused by another person’s wrongful act or neglect. Therefore, deaths that result from negligence, recklessness, or intentional misconduct, such as a drunk driver who hits and kills a pedestrian, would fit the definition of wrongful death.

An accidental death is a fatality that results from an unexpected and unintended event or condition, without any negligence or misconduct by another person. For example, if a person home alone were to die by choking on food, the death would be accidental. On the other hand, if a car’s brakes failed and the driver was killed, an investigation may show that the brakes were defective. In this situation, a wrongful death claim would be possible.

California’s Wrongful Death Laws

The California Code of Civil Procedure is a group of state laws that include the rules and steps that preside over civil (non-criminal) cases. This includes wrongful death laws. In cases of wrongful death, eligible family members can file a wrongful death claim to recover damages. Eligible family members usually include the deceased person’s spouse, children, domestic partner, or sometimes, other dependents. The Civil Code of Procedure for wrongful death consists of a statute of limitations (two years) and states the type of damages that can be sought.

The Two Types of Wrongful Death Damages

California recognizes two types of wrongful death compensation: economic and non-economic.

Economic damages are measurable. Also known as financial injuries, these damages can be calculated exactly and are backed with proof such as bills, receipts, and other financial records. Funer expenses, future earnings based on the deceased’s income at the time of death, loss of inheritance, and health insurance benefits are all examples of economic damages.

Non-economic damages are not immediately measurable but must be assigned a dollar value during the wrongful death claims process. This is where having an experienced wrongful death attorney can make a huge difference. Non-economic damages refer to emotional and personal losses suffered by the deceased’s loved ones. Some examples are loss of companionship, loss of moral support, loss of consortium for spouses or domestic partners, and emotional distress, pain, and suffering.

Types of Wrongful Death Cases

Wrongful death claims can stem from almost any situation, but the most common involve the following:

Vehicle accidents: Car, truck, motorcycle, and pedestrian accidents caused by negligent operators are one of the most common wrongful death claim scenarios. Vehicle accidents represent the highest number of wrongful death claims each year in the U.S. In Elk Grove, fatal vehicle accidents are not uncommon, especially on the Highway 99 corridor and the many two-lane roads that crisscross the area.

Workplace accidents: Fatalities, including unsafe working conditions, can happen for various reasons. In the Elk Grove area, the trucking and transportation industries and agriculture see workplace fatalities yearly.

Product liability: Deaths caused by defective or dangerous products or products without adequate safety warnings would fall under product liability.

Premises liability: Deaths due to slips, trips, and falls, inadequate or negligent security, fires in buildings lacking safety equipment, such as smoke alarms, and fatal dog attacks could all be subject to a wrongful death claim.

Why An Experienced Wrongful Death Attorney Makes a Difference

Hiring a skilled wrongful death attorney with experience will help ensure maximum compensation for your loss. The wrongful death claims process is highly complicated, especially during a highly emotional time. A confident and seasoned attorney to lead the way significantly increases the chances of a desirable outcome.

Here are just a few arguments for the importance of hiring an experienced firm, Eason & Tambornini, if you are thinking of pursuing a wrongful death claim:

Wrongful death claims involve complex statutes and legal procedures, including deadlines that must be met.

A strong wrongful death case requires painstaking investigation, careful gathering of evidence such as official police reports, medical results, and eyewitness statements, and expert negotiation skills.

Insurance companies know how to wear claimants down or try to shift blame, both of which can jeopardize a claim. Experiencing in pushing back against insurance companies is key to a successful claim and winning the maximum amount of damages possible.

Our thirty years of experience representing those impacted by the wrongful death of a loved one ensures that your case will be presented strategically and effectively before a judge or jury if the claim goes to court.

Get Bereavement Support in Elk Grove

If you need grief support following the loss of a loved one, one of the following groups may be able to help.

GriefShare at Creekside Christian Church on E. Stockton Boulevard.

Kaiser Permanente offers ongoing grief support groups in Elk Grove and the Sacramento area, which are open to everyone (not just Kaiser members).

How to Get Help from an Elk Grove Wrongful Death Attorney

The Eason & Tambornini Elk Grove personal injury attorneys have helped countless families get the compensation and relief they deserve following the death of a loved one. Our consultations are free; if we take your case, you pay no fees upfront. You also pay only if you win your case.

If you’re ready to find out if a wrongful death claim is an option, call Eason & Tambornini at (916) 438-1819 to schedule your free consultation.