Folsom Wrongful Death Claim
Folsom Wrongful Death Claim – A Folsom wrongful death claim involves the series of events that lead to a family tragedy. Nothing prepares us for the profound grief and loss we experience when a loved one dies. In addition to their absence, families face the burden of losing the support the decedent provided and the cost of end-of-life expenses. If the person’s death involved negligence by another, the family has the right to file a wrongful death claim.
Types of Negligence Leading to a Folsom Wrongful Death Claim
Many forms of negligence can lead to wrongful death. Some of the most common are:
- Motor vehicle accidents: This is a major contributor to wrongful death. Whether a reckless act such as speeding or the actions of a drunk driver caused the accident, the end result is that a loved one died.
- Medical malpractice: Forms of medical negligence include mistakes made by hospitals, doctors, nurses, and pharmacists.
- Fire: Fatal burn injuries can be the result of a property owner’s lack of care for renters or the negligence of a utility company.
- Nursing home negligence: Lack of care or abuse in nursing homes can lead to a resident’s demise. This can be due to a failure to provide proper medical attention, hydration or nutrition. Other causes can involve prevention of falls or wandering off the site by a resident.
- Defective products: In this consumer society, we rely on the safety of the products we purchase. When a product is unsafe and causes a fatal accident, it is possible to file a wrongful death claim.
- Drowning: This can involve failure to maintain swimming facilities, lack of lifeguards, electrocution injuries or providing adequate safety on rental boats.
- Premises liability: Property owners are obligated to keep a property safe for people who enter it. Failure to do this can result in a Folsom wrongful death claim.
- Dog bites: Allowing an animal to roam freely or not providing a suitable enclosure on the property can end in a fatal accident.
- Criminal acts: When someone dies after a criminal act, the person who caused it to happen can be targeted in a civil wrongful death claim. If the person was convicted of the crime, this could be used as evidence in the proceeding.
Damages Associated With a Wrongful Death Claim
Some of the damages associated with a wrongful death claim are:
- Funeral and burial costs
- Services the decedent provided
- Lost support the decedent provided
- Lost inheritance
- Lost benefits
- Loss of companionship
- End-of-life medical expenses
- Lost potential income in the future
- Loss of guidance and moral support
Who Can File a Folsom Wrongful Death Claim
The following can file a wrongful death claim in California:
- The decedent’s domestic partner or spouse
- Surviving children of the decedent
- If no one in the deceased individual’s line of descent is alive, the people who qualify to inherit by intestate succession can file a wrongful death claim. This would include the decedent’s brothers and sisters.
- Others who are financially dependent on the decedent can file a claim. These persons include a putative spouse and the spouse’s children and the decedent’s stepchildren.
- Parents who are supported by the decedent can qualify to file a wrongful death claim.
How Long Do You Have to File a Folsom Wrongful Death Claim?
Residents of California have up to two years to file a wrongful death claim. If they do not file within this period, the chance of having their claim heard in court will be eliminated.
Folsom Wrongful Death Lawyer
I’m Ed Smith, a Folsom wrongful death lawyer. When your family has experienced the loss of a loved one due to negligence, you can file a claim against the negligent party. Call me at (916) 921-6400 in the area and (800) 404-5400 nationwide for free and friendly advice. You can also reach out to me by using our convenient contact us page online.
I am a long-standing California member of the Million Dollar Forum, a nationwide group of trial lawyers who have won more than $1 million for a client.
If you would like to know more about my practice, you can read reviews by my prior clients and some of my peers as well as look at how I resolved former cases on the following pages:
Photo Attribution: https://pixabay.com/en/death-funeral-coffin-mourning-2421820/
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