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Roseville Wrongful Death Lawyer

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Roseville Wrongful Death Lawyer

Roseville Wrongful Death Attorney

When someone causes an injury to another party due to recklessness, carelessness, or inattention, they become liable for personal injury and are responsible for the victim’s damages. When negligence results in another person’s death, the at-fault party becomes liable for wrongful death. A wrongful death effectively replaces a personal injury claim a victim could have filed if they had survived. While there are many procedural similarities between personal injury and wrongful death claims, there are also several important differences you should know if you intend to file a wrongful death claim in Roseville, CA.

Losing a loved one is never easy.And when a loved one’s death is the result of another party’s negligence, this factor can add stress, frustration, and uncertainty to an already difficult and tragic situation. The Kreeger Law Firm can provide the compassionate and meticulous legal counsel you need in this situation. Our team has years of experience helping clients navigate deeply troubling and legally challenging wrongful death claims throughout the Roseville, CA area, and we are ready to leverage our experience on your behalf.

Why You Need a Roseville Wrongful Death Lawyer

Attempting to handle any civil claim on your own without an attorney is incredibly difficult. The additional emotional stress a wrongful death is likely to cause for the victim’s family will make this situation even more challenging. If you recently lost a loved one due to the negligence of another party, you likely have many pressing family issues, financial concerns, and important questions about your situation. Instead of trying to navigate your legal proceedings alone while processing your grief, have an experienced Roseville wrongful death attorney handle your legal proceedings on your behalf.

The team at the Kreeger Law Firm can provide a comprehensive overview of your legal situation, helping you and your family understand the difficult proceedings you face. While a wrongful death can be incredibly difficult to process, you can approach this emotionally stressful situation with confidence and peace of mind when you know you have an experienced Roseville wrongful death attorney handling your case.

You are more likely to succeed with your wrongful death claim and hold the at-fault party accountable with the help of an attorney.Additionally, you are also more likely to maximize your family’s recovery when an experienced legal team handles your claim. The Kreeger Law Firm will help you calculate the full scope of your claimable damages. Money cannot replace your lost loved one, but a maximized recovery can help you and your family manage the economic impact of the death more easily.

What Qualifies as a Wrongful Death in California?

A “wrongful death” is any death caused by negligence or an intentional act of harm. For example, some wrongful death claims result from violent crimes that end in death. Others stem from incidents caused by carelessness or inattention. If your loved one was the victim of an armed robbery and the perpetrator killed them during the act, they would be criminally prosecuted for armed robbery and homicide, and you and your family would also have grounds to file a wrongful death claim against them. If your loved one died in a car accident caused by a distracted driver, they could face criminal penalties for their inattention alongside your wrongful death claim.

If you are unsure whether your loved one’s recent death qualifies as a wrongful death and grounds for civil action, consult an experienced Roseville wrongful death lawyer as soon as possible. California allows a two-year statute of limitations on wrongful death claims, beginning on the date a death occurs. This may seem like plenty of time to file your claim, but the reality is that many issues may complicate your case and it may take time to realize that your loved one’s death qualifies as a wrongful death. The sooner you secure legal counsel, the better your chances are of holding the at-fault party accountable.

Proving Fault for a Wrongful Death Case

Proving fault for a wrongful death is very similar to proving negligence in a personal injury claim. The plaintiff must prove that the death in question resulted solely from the defendant’s actions and not some other cause. Additionally, the plaintiff and their attorney must provide the court with a complete and accurate list of all the damages resulting from the death.They must also prove those damages would not have occurred if not for the defendant’s actions. Some of the most commonly cited causes of wrongful deaths in California include:
  • Motor vehicle accidents, which can lead to difficult insurance issues and complex civil proceedings, depending on where and how such accidents occur.
  • Defective products, which implicate manufacturers as responsible under California’s product liability statutes.
  • Construction accidents, which can lead to challenging workers’ compensation claims for death benefits and additional legal challenges for surviving family members.
  • Interpersonal violence — incidents that often lead to emotionally stressful criminal proceedings as well as wrongful death cases.
  • Medical malpractice, which are cases that are often very difficult to navigate without the help of an attorney experienced in malpractice cases.
Your Roseville wrongful death attorney can help you gather the evidence you may need to prove fault for your loved one’s death.This may include physical evidence, eyewitness accounts, and testimony from experts who can clarify details of the case.

Compensation From Wrongful Death Claims Vs. Survival Actions

Calculating the full extent of the damages claimable in a wrongful death case can be challenging. It’s important to note that a wrongful death claim seeks compensation for the surviving family’s losses, not for losses sustained by the estate of the deceased. It’s possible for the family to file a survival action to seek compensation for such damages. These can include treatment costs for the deceased’s final illness or injury, lost income between the date of injury and the date of death, and pain and suffering the deceased experienced from the injury, prior to their death.

Wrongful death claims provide compensation for the family’s losses, which can include funeral and burial costs, lost financial support provided by the deceased, lost value of household services, and compensation for loss of affection, guidance, care, and moral support provided by the deceased.

Wrongful Death FAQs

It’s normal to have lots of questions about your legal options when your family has experienced a wrongful death from any cause. The Kreeger Law Firm aims to help our clients and prospective clients in the Roseville, CA area understand their legal options as clearly as possible in these difficult and emotionally stressful situations. The following are some of the most common questions we hear about wrongful death claims in California.

Q: How Much Is My Wrongful Death Case Worth?
A:
Your Roseville wrongful death lawyer will help you calculate the total scope of damages you can include with your wrongful death claim. In the event that your loved one did not die immediately from their final injury or illness, your family likely has grounds for a survival action. You could file this alongside your wrongful death claim, enhancing your family’s overall recovery.

Q: Will the Person Responsible for a Wrongful Death Go to Jail?
A:
A wrongful death claim seeks compensation for the victim’s family, but it does not pertain to criminal charges. However, it is possible for the party responsible for a wrongful death to face criminal prosecution as well, depending on how the death occurred. If they caused the death through a criminal act, such as an act of intentional violence or drunk driving, they would likely face incarceration as part of their sentence. If they caused the death through negligence, inattention, or carelessness, jail time is a less likely possibility, but they could still face separate prosecution.

Q: Will My Wrongful Death Claim Go to Trial?
A:
The majority of civil claims filed in the U.S. settle outside of court. Private settlement is beneficial to all parties involved and can resolve a case much more quickly than litigation. However, if the party responsible for your loved one’s death refuses to accept fault for the death or contests the damages you and your family seek in the claim, the case may need to go to trial.

Q: What Type of Case Is a Wrongful Death Claim?
A:
A wrongful death claim is a type of civil action. While very similar to a personal injury claim in several ways, a wrongful death claim is a distinct type of civil claim and there are specific laws and statutes in place that differentiate wrongful death claims from other civil claims.

How Your Roseville Wrongful Death Attorney Can Help Your Case

You likely have many more questions regarding your wrongful death claim in Roseville, and an experienced lawyer is the best resource to consult in this difficult situation. The right Roseville wrongful death lawyer can be instrumental in holding the party responsible for your loved one’s death accountable for their actions. They will also help to secure the compensation you and your family need to economically recover from the untimely death.

The Kreeger Law Firm has extensive experience handling wrongful death claims on behalf of our clients in the Roseville, CA area. We understand the common issues, questions, and concerns grieving family members have in these situations. If you are ready to discuss your options for legal recourse after someone has negligently caused the death of a loved one, contact the Kreeger Law Firm today to schedule a consultation with a compassionate Roseville wrongful death lawyer.