Filing Wrongful Death Suits

Filing Wrongful Death Suits
Filing Wrongful Death Suits

I’m Ed Smith, a Fairfield wrongful death lawyer. Statistics from the National Highway Traffic Safety Administration (NHTSA) show that auto accident deaths are on the rise and increased by 2.2 percent in 2016 alone, resulting in an auto accident fatality rate of around 1.18 fatalities per every 100 vehicle miles traveled.

NHTSA research shows that distracted and drowsy driving fatalities may be declining, but deaths related to other types of negligence including DUI, driving over the speed limit, and neglecting to wear seat belts are increasing.

What if a Negligent Driver Causes the Death of my Loved One?

When someone you love is involved in a fatal auto accident, the family, legal beneficiaries, and dependents of the deceased are often able to file wrongful death lawsuits. To find out more about wrongful death lawsuits, you can watch this helpful video:

Wrongful Death Criteria

In the U.S., every state has their own statute regarding wrongful death. However, generally, wrongful death claims must meet these criteria:

  • Ability to provide proof of your relationship to the deceased. A spouse, child, dependent, or legal beneficiary all may be able to file suit. However, these parties will need to be able to provide proof of the relationship. This proof can be things such as birth certificates, wills, insurance policies, or other documents that may be relevant.
  • Ability to provide proof showing that the loss of the deceased will result in monetary loss. The individual filing the suit needs to be able to prove that the loss of the deceased will put them under a financial burden. A good example of this kind of proof is providing proof of the deceased’s previous income as well as the amount they could have been expected to make throughout the course of their life.
  • The ability to prove that another party is at fault. With auto accidents caused by negligent drivers, an individual filing a wrongful death suit must be able to provide proof that the driver was found to be at fault for the collision. If the crash was not caused by a driver but by a pothole, dangerous road, or unmarked construction zone, the city or state where the collision occurred may be the at-fault party. For more information about accident fault, you should contact an experienced lawyer.

Recoverable Damages

Loss of income isn’t the only type of financial loss that those with wrongful death cases are able to recover. California law allows for those who have lost loved ones to recover from many different types of damage including loss of companionship, loss of parental guidance, loss of inheritance, and much more. To learn more about what kinds of damages are recoverable, call me for free, friendly advice. 

More Articles from Fairfield Wrongful Death Lawyer, Ed Smith:

Fairfield Wrongful Death Lawyer

I’m Ed Smith, a Fairfield wrongful death lawyer. Losing somebody is a tragedy and a difficult thing to deal with. If you know someone who has died because of a negligent party, call me at (707) 564-1900 or (800) 404-5400 for free, friendly advice. I am also available at

For over 35 years, my law firm has assisted Fairfield area families with wrongful death and personal injury claims in order to ensure that they are able to claim just repayments.

Read my client ratings and reviews at:

I’m a member of a forum that restricts membership to trial lawyers with past case verdicts or settlements worth over $1 million called the Million Dollar Advocates Forum.

My Previous Verdicts and Settlements are listed here. is the leader in news and information on vehicle accidents and traumatic injuries in Northern California.

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