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Rancho Cordova Wrongful Death Lawyer

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Rancho Cordova Wrongful Death Attorney

Every day, thousands of people throughout California suffer injuries and economic losses due to the negligent and intentionally harmful actions of others. Unfortunately, not every victim survives this experience. If you recently lost a loved one due to the actions of another party in Rancho Cordova, CA, you likely have grounds to file a wrongful death claim against that party.

Legal Representation for Rancho Cordova, CA, Wrongful Death Claims

While there are many similarities between wrongful death claims and personal injuries, there are also several key differences. Reliable legal counsel is crucial in this challenging situation, and Kreeger Law can provide the comprehensive legal counsel you need to successfully navigate a wrongful death claim in Rancho Cordova.

Why You Need a Rancho Cordova Wrongful Death Attorney

If another party is clearly to blame for the recent death in your family, it’s natural to wonder why you would need legal representation to hold them accountable. However, a wrongful death claim is a civil claim, and the civil claim process is much more complex than many people realize. Your case will require meeting strict filing deadlines with the Rancho Cordova court system, gathering substantial documentation and records related to the death in question, and navigating emotionally stressful and tedious legal proceedings. You would need to do all these things while also managing your grief and the effects of the wrongful death on your household.

Hiring an experienced Rancho Cordova wrongful death attorney will make it much easier for you and your family to navigate this difficult situation more effectively. Your legal team can handle the procedural requirements of your case and evidence gathering on your behalf so your family can have peace of mind during this challenging time.

Wrongful Death Versus Personal Injury

Wrongful death claims are functionally similar to personal injury claims in many ways. For example, success in both wrongful death claims and personal injury claims hinges on the plaintiff’s ability to identify the defendant responsible for the incident in question and prove their liability for the plaintiff’s claimed damages. However, there are specific rules pertaining to wrongful death claims in California, including what damages are available and who may file these claims.

California law upholds that the right to file a wrongful death claim follows the state’s law of intestate succession. The deceased’s surviving spouse typically has the primary right to file a wrongful death claim filed by any adult children of the deceased. Next in line to have the right to file a wrongful death action would be the deceased’s parents or siblings. If the deceased had no immediate family, the right to file a wrongful death claim would fall to anyone who can prove they were financially dependent on the deceased or any other beneficiaries as defined by California’s intestate succession law.

A personal injury claim seeks compensation for a private party’s losses. Wrongful death claims compensate the losses of the deceased’s surviving family members. They can secure compensation for loss of affection and guidance, loss of financial support, and funeral and burial costs. However, they cannot claim many of the damages typically sought in personal injury claims. This includes damages incurred by the deceased’s estate, such as the cost of their final medical treatment from the fatal incident in question. However, the family could file a survival action alongside their wrongful death claim. The wrongful death claim would cover the family’s damages, while the survival action covers damages incurred by the deceased’s estate.

Common Causes of Wrongful Deaths in Rancho Cordova

Wrongful deaths are unpredictable and tragic events that can arise from many different situations, including:

Motor vehicle accidents. Vehicle collisions are a leading cause of catastrophic injuries and deaths throughout the United States. If a negligent driver is responsible for causing the death of your loved one, you have the right to file a wrongful death claim against them. The at-fault driver’s auto insurance coverage may also provide some measure of compensation for your family’s losses depending on their coverage limits.
Product liability. Defective consumer products can easily cause devastating injuries, some of which are fatal. If a company releases an unreasonably dangerous or defective product that causes the death of an end-user, the victim’s family could file a wrongful death action against the company.
Premises liability. Property owners must address known safety issues on their properties in a timely fashion and warn lawful guests and visitors of all known hazards. For example, suppose your loved one died on someone else’s property due to a foreseeable safety issue the property owner should have addressed. In that case, you could hold the property owner accountable through a wrongful death claim.
Medical malpractice. Unfortunately, medical errors are a leading cause of accidental deaths in the US. If your family member died because of ineffective, improperly performed, or inappropriate medical treatment that failed to meet the standard of care for your loved one’s condition, you may have grounds for a wrongful death claim under California’s medical malpractice laws. Remember that medical malpractice claims entail unique statutes and restrictions compared to most other civil claims.

The main determining factor in whether you have grounds for a wrongful death claim is if the death occurred due to another party’s negligence or intentional misconduct. Depending on how the death occurred, the family can have grounds for a wrongful death claim and a survival action. A wrongful death claim filed in tandem with a survival action could yield substantial compensation for the deceased’s family. Navigating a wrongful death claim is much easier when you have reliable legal counsel on your side.

FAQs

Kreeger Law strives to provide prospective clients in the Rancho Cordova area with helpful information to help them navigate difficult legal situations more easily. These are a few of the most common questions our team hears from potential wrongful death claimants. Review these questions and our answers if you are unsure about your current legal options.

Q: How Do I Find the Right Attorney for a Wrongful Death Claim?
A: If you need legal representation for a wrongful death claim, it is essential to choose a Rancho Cordova wrongful death attorney with solid experience handling cases similar to yours. You can investigate reviews from past clients, ask friends and family for their recommendations, and take advantage of consultation offers to help you narrow down your options.

Q: How Do I Prove Wrongful Death?
A: Proving wrongful death follows a similar formula to proving personal injury liability. You must identify the party you believe to be responsible for the wrongful death in question, establish the duty of care they held in the situation in question, and prove they violated this duty of care in a way that directly resulted in your loved one’s death. Your Rancho Cordova wrongful death lawyer can help you gather any evidence you may require for establishing liability for the death of your loved one.

Q: How Long Does a Wrongful Death Claim Take to Conclude?
A: It’s possible for some wrongful death claims to take several months or even more than a year to conclude. The complexity of the case, the range of the damages claimed by the plaintiffs, and the defendant’s willingness to accept liability and negotiate a settlement are just a few of the factors that can determine the projected timetable for your wrongful death claim.

You likely have many other questions specific to the wrongful death you and your family recently experienced. The sooner you secure legal representation from an experienced Rancho Cordova wrongful death attorney, the sooner you can get the answers you need to your most important legal questions.

How Your Rancho Cordova Wrongful Death Lawyer Can Help

An experienced Rancho Cordova wrongful death attorney can provide valuable guidance through every phase of a wrongful death case. They can assist you with your initial case proceedings and court filings, help you gather evidence proving the scope of your claimable damages, and determine the best way to prove the defendant’s liability for the wrongful death in question.

Suppose your case involves highly technical or complex factors. In that case, you can rely on your attorney to provide detail-oriented legal counsel or even consult expert witnesses who may be able to provide useful guidance for navigating your claim. For example, suppose a defendant denies liability for a wrongful death. In that case, expert witnesses may be able to review the details of the situation and help the court understand precisely how the death occurred.

Ultimately, it is much easier to approach any wrongful death claim when you have legal counsel you can trust. The team at Kreeger Law understands the significant legal challenges and the emotional strain wrongful death claims pose to surviving family members. Our goal is to provide the compassionate and meticulous legal counsel you and your family need to successfully navigate your wrongful death claim. If you are ready to explore your legal options in response to a wrongful death in Rancho Cordova, CA, we can help. Contact Kreeger Law today to schedule your consultation with an experienced Rancho Cordova wrongful death lawyer.