Folsom Wrongful Death Attorneys

Understanding California Wrongful Death Laws

The primary statute governing these claims is California Code of Civil Procedure § 377.60. This code specifies who is eligible to file a claim and the damages that can be recovered.

A wrongful death claim is a civil action. Unlike a criminal case, which punishes the defendant with jail time, a civil claim seeks financial compensation for the survivors. This distinction is crucial because you can often file a wrongful death claim even if the responsible party was not convicted of a crime.

Wrongful Death vs. Accidental Death

Distinguishing between a tragic accident and a “wrongful” death comes down to intent and negligence. Did the responsible party act recklessly or fail to exercise reasonable care?

Consider this hypothetical example:

• Accidental Death: A worker is struck by lightning on a construction site where all safety protocols were followed. This is a tragedy, but likely not a wrongful death because the event was unforeseeable.
• Wrongful Death: A worker falls from scaffolding that was improperly constructed to save time. Evidence shows that safety regulations were ignored, indicating negligence. Because this failure directly contributed to the death, the family likely has grounds for a claim.

Who Can File a Wrongful Death Claim in Folsom?

California law follows a strict hierarchy regarding who has the right to sue.

Priority Claimants:

• Surviving Spouse or Domestic Partner: You typically have the primary right to file.
• Children: Biological and adopted children of the deceased.
• Grandchildren: If the deceased’s children have already passed away.

Secondary Claimants: If none of the above exist, other dependents may file if they can prove financial reliance on the deceased, including:

• Putative Spouses: Individuals who believed in good faith that they were married to the deceased.
• Stepchildren: If they were dependent on the deceased for at least 50% of their support.
• Parents: If financially dependent on the deceased child.

The “One Action Rule” (Multiple Claims)

It is crucial to understand that under California law, multiple wrongful death claims cannot be filed for the same death. All eligible heirs must collectively file a single, consolidated lawsuit known as the “One Action Rule”.

This makes choosing the right attorney critical. We help families coordinate this complex process to ensure no eligible heir is left out of the settlement.

Common Causes of Wrongful Death in Folsom

While wrongful death can result from countless circumstances, our Folsom personal injury attorneys frequently handle cases arising from local hazards:

• Vehicle Collisions: Any accidents involving bicycles, motorcycles, trucks, motorcycles, and bikes, particularly on high-speed corridors like Highway 50.
• Pedestrian Accidents: Fatalities occurring in crosswalks or near retail centers.
• Workplace & Industrial Accidents: Deaths resulting from unsafe working conditions, heavy machinery failure, or job-related illnesses.
• Premises Liability: Deaths due to slips, falls, or other safety failures on someone’s property.

Damages: Economic vs. Non-Economic

Families can recover two categories of compensation according to California law: economic and non-economic. We work with financial experts to calculate the actual value of these losses.

Economic Damages (Financial Injury)

These are losses with a specific dollar value attached. We fight to recover:

• Medical Expenses: All bills incurred to treat the deceased before their passing.
• Loss of Support: The future income and benefits (like health insurance) that the deceased would have provided.
• Final Expenses: Reasonable funeral and burial costs.

Non-Economic Damages (Intangible Loss)

These damages do not have concrete dollar values but are often the most significant part of a claim. Our skilled attorneys assess the value of the loss of:

• Companionship and comfort
• Love, affection, and moral support
• Protection and household assistance supplied by the deceased

Is There a Deadline to File? (Statute of Limitations)

Yes. In most California wrongful death cases, you have two years from the date of the death to file a lawsuit.

Crucial Exception: If the death was caused by a government entity (e.g., a collision with a City of Folsom vehicle or a hazard on public property), you typically have only six months to file an initial administrative claim. Missing these deadlines can permanently bar you from seeking justice.

Local Grief Support for Folsom

We encourage our clients to seek emotional support during this time. Folsom offers several reputable resources:

• Sutter Health Bereavement Program: Sutter offers free grief support to people of all ages, throughout the Sacramento area.
• Folsom Senior Center: Located at 48 Natoma Street, the center facilitates support groups for spouses and family members who have lost a loved one. For more information, call (916) 500-0471.

Choosing the Right Representation

Our attorneys are proud members of the Capitol City Trial Lawyers Association (CCTLA) and the State Bar of California. We approach each client with compassion, but litigate aggressively when insurance companies try to devalue a life.

No Upfront Fees for Wrongful Death Claims

Our wrongful death attorneys work on a contingency fee basis. You pay nothing up front to hire us. We receive a legal fee only if we successfully secure a settlement or verdict for your family.

Contact a Folsom Wrongful Death Lawyer

If you believe your loved one’s death was preventable, do not face the insurance companies alone. We will do everything in our power to protect your rights so that you can focus on healing.

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