Marysville Wrongful Death Attorneys

Understanding Wrongful Death vs. Accidental Death

In legal terms, a wrongful death results from proven negligence, intentional harm, or another cause. Wrongful death laws hold the responsible party accountable.

Workplace accidents, vehicle accidents, nursing home neglect, and criminal acts are just some of the circumstances that can result in a wrongful death claim. California’s wrongful death laws make it possible for eligible family members to pursue compensation for both economic and non-economic (emotional) losses.

An accidental death, as opposed to a wrongful death, is one that occurs without another person’s action contributing in any way. For example, if a hiker were struck by a rock and killed due to a landslide, the death would be ruled accidental. No other individuals had any hand in the death.

The most common unintentional wrongful death scenario in Marysville is the same as the rest of the state and the U.S: vehicle accidents. In Marysville, most fatal accidents happen on the freeways that crisscross the area, such as State Highway 99, Highway 20, and Interstate 5.

Other common wrongful death scenarios include:

• Dog bites and attacks: Typically, the property owner and sometimes the landlord are guilty of negligence.
• Construction and other worksite accidents: Employer negligence can lead to worksite deaths if equipment is not adequately maintained or safety training is not in place.
• Defective products: The U.S. Consumer Product Safety Commission (CPSC) estimates that defective or incorrectly labeled consumer products cause over 22,000 deaths yearly in the United States.
• Violence: Family members of victims of intentional acts of violence may file a wrongful death claim in addition to the criminal charges brought by the state.
• Premises liability: In 2022, approximately 45,000 fatal slip, trip, and fall accidents were reported in the U.S., according to the Centers for Disease Control. This is the second leading cause of unintentional injury-related fatalities in the country each year.

Who Is Eligible to File a Wrongful Death Claim

In California, the following individuals may be eligible to file a wrongful death claim: spouse or registered domestic partner; surviving children; dependent stepchildren or minors living in the decedent’s household; parents and siblings (if other relatives do not exist).

Can multiple people file a wrongful death claim for the same death?

Multiple, separate wrongful death claims cannot be filed for the same death in California. Instead, a collective wrongful death claim under California’s “one-action rule” can be filed.

If successful, claimants may split up the settlement on their own, or the court may decide distribution.

Compensation in Wrongful Death Claims

Wrongful death laws and settlements are designed to provide damages for tangible and intangible losses, such as:

• Funeral expenses
• Medical bills associated with the fatal injury or illness
• Loss of income and benefits (to those they supported)
• Loss of companionship, guidance, and emotional support
• Pain and suffering experienced by loved ones

The Wrongful Death Claim Process

Like any claim, wrongful death claims typically begin with fact-finding in the form of a thorough investigation to determine liability and gather evidence. Using a fatal fall on a staircase in disrepair as an example, here is a basic overview of what the wrongful death attorney must prove:

• Duty of care: The responsible party, such as a property owner or landlord, owed a duty of care to the deceased to maintain safe premises. For instance, a landlord must legally ensure that stairways are secure and maintained adequately for tenants and visitors.
• Breach of duty: That duty was breached through negligence or failure to act. In this example, the landlord had repeatedly been notified about the hazardous condition of the stairs, including loose or missing steps, but failed to make necessary repairs.
• Causation: The breach of duty directly resulted in the fatal accident. Here, the unsafe stairs caused the victim to slip, fall, and suffer fatal injuries.
• Damages: The surviving family members experienced economic losses, including medical and funeral expenses, as well as non-economic losses like pain and suffering and the loss of companionship and support from their loved one.

No Upfront Fees: Contingency Fee Structure for Wrongful Death Cases

One of the most common reasons people do not consult an attorney following the unintentional death of a loved one is that they assume they cannot afford one. However, contingency fee structures, like those offered at Eason & Tambornini, make it possible for anyone needing an attorney to hire one, regardless of finances.

Our firm’s contingency fee structure means no upfront fees; we only get paid if and when we win your case. This allows grieving families to hold the responsible parties accountable and get relief from the expenses associated with their loved one’s death.

Schedule Your Free Consultation with a Wrongful Death Attorney

If you need to speak to an attorney about possibly pursuing a wrongful death claim, Eason & Tambornini can help. With thirty years of experience and a reputation for aggressive legal strategies, our attorneys are ready to listen to the details of your situation.

Call us today at (916) 438-1819 to schedule your free, no-risk consultation and take the first step toward justice and healing.