Rancho Cordova Wrongful Death Attorneys

First Things First: Is it Wrongful Death or Accidental Death?

Wrongful death involves negligence, reckless behavior, or the intention of harm. If another party’s negligent or intentional actions caused someone else’s death and can be proved, it would qualify as wrongful death.

Wrongful death claims may stem from vehicle or recreational vehicle accidents, workplace accidents, nursing home accidents or neglect, and intentional criminal acts. California’s wrongful death laws ensure that eligible family members can pursue compensation if they choose to do so. That compensation can be for economic or non-economic damages.

Accidental Death

Accidental death, on the other hand, is every bit as unfortunate, but at the same time, it stems from unintentional events; no one is to blame, in other words. Someone who falls while hiking, suffers head trauma, and dies instantly would be accidental. As would a driver who falls asleep at the wheel, leaves the roadway, strikes a tree, and dies. There are countless types of scenarios in which an accidental death can occur. These are just two illustrative examples of situations where no one else’s actions caused the death.

Common Wrongful Death Scenarios

 Wrongful death claims in the Rancho Cordova area include vehicle accidents on the busy freeways and highways that intersect the area, such as Highway 50 and Interstate 80. Additionally, the busy surface streets such as Sunrise Boulevard and Bradshaw Road have had their share of fatal traffic accidents through the years. Other scenarios include:

• Dog attacks: fatal dog bites on private property and in recreational areas along the American River bike trail
• Workplace accidents: deaths due to a lack of safety protocols and training, especially in the agriculture and manufacturing industries
• Defective products: Equipment failures due to design or manufacturing issues are not uncommon; pharmaceuticals that do not carry adequate warnings or instructions might also qualify as wrongful death if someone misuses a medication due to someone else’s negligence.
• Violence: intentional acts against someone
• Premises liability: fatal slip and fall incidents, drownings, etc.)

Who Can File a Wrongful Death Claim

Wrongful death laws specify who is eligible to file a claim. Typically, a spouse or registered domestic partner, surviving children, stepchildren, or minors living in the household of the deceased at the time of death, and parents and siblings (if other relatives do not exist) may file.

Multiple Wrongful Death Claims for the Same Death

In California, eligible individuals may bring a collective wrongful death claim against the responsible party. California’s “one-action rule” explains this.

If claimants are successful, they can divide up the settlement themselves or ask the court to do so as they deem appropriate.

Compensation in Wrongful Death Claims: Economic vs. Non-Economic Losses

Wrongful death laws and settlements are designed to provide damages for both economic and non-economic expenses. Economic expenses have a specific cost attached to them that is known.

• Funeral and burial expenses
• Medical bills related to the final injury or illness
• Loss of the deceased’s expected income and benefits (to those they supported)

Non-economic losses are a little tougher to calculate because they are based on intangible circumstances, such as loss of companionship, guidance, emotional support, and pain and suffering. In these cases, having an experienced wrongful death attorney who can ensure nothing is overlooked and an appropriate, fair number is attached to the losses is highly beneficial.

How the Wrongful Death Claims Process Works

Like any claim, gaining a clear understanding of the facts and collecting evidence are among the first steps a skilled wrongful death attorney will take. Using a fatal dog attack as an example, here is a basic overview of what the plaintiff’s attorney must prove:

• Duty of care: The owner of a dog, regardless of whether the owner was aware the dog could be aggressive, owed a duty of care to provide a secure yard enclosure for his property. In a tenant-landlord situation, if the landlord was legally responsible under the lease terms to provide a secure yard, they could also be named as having partial responsibility.
• Breach of duty: The duty of care was violated; the dog freely attacked a passerby because it was not contained in the yard.
• Causation: The breach in the duty of care held by the tenant and/or the landlord directly caused the death. In this example, the dog escaped and attacked a child walking on the sidewalk near the house where the dog lived.
• Damages: The survivors (the child’s parents) suffered economic losses, including medical bills and burial expenses, as well as non-economic losses (pain and suffering for siblings and parents and denial of the comfort of the relationship with the child).

Hire a Wrongful Death Attorney for No Money Upfront

One of the most common concerns our wrongful death attorneys encounter is the cost of legal representation. Our contingency fee structure enables you to get skilled, experienced, and aggressive representation with no upfront money. And if you don’t win, you don’t pay a dime.  

Schedule Your Free Consultation with a Rancho Cordova Wrongful Death Attorney

If you have lost a loved one due to someone else’s negligence and you have questions about recovering damages, the wrongful death team at Eason & Tambornini can help.

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