Yuba City Wrongful Death Attorneys

Who Can File a Wrongful Death Claim in California

If someone’s negligence, recklessness, or intentional misconduct causes another person’s death, the surviving family members can seek compensation. Depending on the circumstances, the following individuals may file a wrongful death claim:

• Surviving spouse or registered domestic partner
• The deceased’s legal spouse or registered domestic partner has priority in filing a claim
• Biological and adopted children of the deceased
• Grandchildren of the deceased if he or she had no living children
• Non-biologically related dependent minors living in the deceased’s household at the time of death and for at least 180 days prior, and were dependent on the deceased for at least 50% of their support
• Putative spouse and their children, if financial dependence can be proven
• Stepchildren who were financially dependent on the deceased
• Parents who were economically dependent on the deceased
• Other heirs by intestate succession: If no surviving spouse, domestic partner, or children exist, other relatives or those who would inherit under California’s intestacy laws may have a right to file

Multiple Wrongful Death Claims

In California, multiple wrongful death claims cannot be filed for the same death. Instead, eligible heirs pursuing a wrongful death action must join to file a single, consolidated lawsuit under California’s “one action rule.”

California Wrongful Death Laws and Statutes

California Code of Civil Procedure § 377.60 is California’s primary statute governing wrongful death actions. It outlines who can file a claim and the types of damages that can be recovered.

Types of Wrongful Death Cases

Wrongful death can result from a multitude of circumstances, including:

Vehicle accidents (truck, motorcycle, bicycle, etc.) and pedestrian accidents caused by negligent drivers

• Workplace accidents, including deaths, resulting from unsafe working conditions or job-related illnesses
• Product liability (defective or dangerous products)
• Premises liability (conditions on real property)
• Economic vs. Non-Economic Wrongful Death Damages

Wrongful death damages are divided into two main categories of compensation: economic and non-economic.

Economic damages, also known as financial injuries, are wrongful death damages assigned a dollar value. These are measurable monetary losses suffered by surviving family members of the decedent, such as medical expenses and loss of financial support (e.g., monthly income or insurance benefits). Other financial injuries include funeral and burial expenses.

Non-economic damages are more challenging to prove and calculate. A skilled attorney will consider the decedent’s level of contribution to companionship, comfort, love, care, assistance, protection, and other types of emotional and spiritual support given to the surviving family members. Loss of moral guidance for children and sexual relationships for spouses may also be considered non-economic damages.

Understanding the Difference Between Wrongful and Accidental Death

The details of the situation surrounding a person’s death are what determine how it is classified. A critical element is the presence (or absence) of intent and whether the person being held responsible acted recklessly (with negligence) to purposely cause harm or death.

As an example, if an intoxicated person operating a boat causes an accident that results in someone’s death, it would likely be considered wrongful death. If a rogue wave hits a boat operated by someone following all maritime laws, and someone falls overboard and drowns, the death is accidental.

Grief Support Groups

Grief counseling and support groups in Yuba City that could potentially help families and individuals who have experienced a wrongful death include the Sutter Health at Home Bereavement Program. This valuable resource offers free grief support services in Yuba City for children, teens, adults, and families, including evening support groups for children and adolescents and maternal-child health support services.

Experienced Yuba City Wrongful Death Attorneys Who Fight

Our wrongful death attorneys serving Yuba City will fight tirelessly to secure the maximum settlement possible. We will take the lead on all communication with insurance companies, settlement negotiations, filing deadlines, and any other details that affect the outcome. If the case goes to trial, we will build a strategy with the best chances of securing a successful settlement for you.

Free Consultation and No Upfront Fees with a Yuba City Attorney

If you have suffered the loss of a loved one due to another person’s negligence or an intentional act of violence, the Yuba City wrongful death attorneys at Eason & Tambornini are here to help. We offer free consultations and work on a contingency basis: you pay nothing if you don’t win.

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