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Roseville Wrongful Death Lawyer

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December 05, 2017
Edward Smith


Roseville Wrongful Death Lawyer

I’m Ed Smith, a Roseville wrongful death attorney. While it’s natural to take a bit of time to grieve after you lose a loved one, it’s important to remember that if you think the person died due to the negligent or intentional wrongdoing of another person, you may need to hire a wrongful death lawyer right away. After all, strong lawsuits often depend on the timely investigation of the facts surrounding the person’s death and the preservation of all remaining evidence.

What Types of Events Most Often Lead to Wrongful Death Lawsuits?

In general, our office usually meets clients whose family member recently died due to (1) a serious traffic accident; (2) medical errors so serious that they constitute malpractice; (3) some type of nursing home abuse; (4) a workplace accident involving employer negligence; or (5) harm suffered due to the deceased’s exposure (or use) of some type of defective product.

Once you schedule an appointment with our office, we’ll ask you to describe the events leading up to the death that indicate that something beyond a minor accident took place. If we accept your case, we’ll carefully review all the pertinent evidence and records, so we can aggressively negotiate with the defendant’s insurance company. We’ll seek to obtain full compensation for you for all the many losses you and your family may have incurred.

What Are the Specific Types of Losses That May Justify Compensation?

Courts generally recognize both economic and non-economic losses. Economic losses can include recovery for the following expenses or financial interests.

  • Financial support lost since the deceased family member can no longer work and provide the family with his or her earnings;
  • Household services that the party who died would likely have provided to the family had the accident or other harm not occurred. These might include providing home-cooked meals to the family, keeping the house clean and handling basic family activities like weekly grocery shopping;
  • The full costs of the deceased’s last medical and hospital bills incurred due to the accident or injury;
  • All funeral and burial costs.

The non-economic losses justifying compensation may include all or most of the following ones listed below.

  • When a spouse or adult partner has died, the loss of sexual relations and companionship previously offered by that person;
  • When a child, sibling or other close family dies, immediate family members may seek compensation for the losses tied to no longer enjoying the love, comfort, and moral support once provided by that person;
  • When a parent has died, the lost care and guidance that often uniquely helps a child develop a sense of identity, basic life interests and moral character.

Who Can Bring a Wrongful Death Lawsuit in California?

Those who most commonly seek compensation through the filing of a wrongful death lawsuit include the deceased’s surviving spouse or domestic partner, children of the deceased, any “putative spouse” (person with some lawful basis for believing a valid marriage existed at the time of the death with the deceased), children of the putative spouse, stepchildren of the deceased person or the parents of the party who died. Your Roseville wrongful death attorney can explain further about what facts must be specifically shared regarding each of these people and when it may be best to also file a survivorship claim. (See: California Code of Civil Procedure, Sections 377.60-377.62 for further details).

How Soon Should You Contact a Roseville Wrongful Death Lawyer?

California’s statute of limitations addressing wrongful death cases states that they must be filed within two years of the time when the deceased was injured or died of that injury. (CCP 335.1). However, like most legal actions, it’s always wise to request our legal help as early as possible. When you delay, the defendant’s representatives will be working hard to limit any recovery (by using the passage of time to their advantage) available to you and other survivors.

Related articles by Roseville Wrongful Death Lawyer ~ Ed Smith

Experienced Wrongful Death Lawyer in Roseville

I’m Ed Smith, a Roseville wrongful death attorney. Having a loved one suffer fatal injuries due to another person’s negligence is devastating to the surviving family members and friends. If you have lost someone you love in this way, please call me for free, compassionate and friendly legal advice at (916) 921-6400 or (800) 404-5400.

I have helped my community for over 30 years with wrongful death and personal injury cases. If you need an experienced personal injury lawyer, why not read through my reviews written by former clients on Avvo, Google, and Yelp?

You may want to review some of my verdicts and settlements here.

My name is listed as a trial lawyer belonging to the Million Dollar Advocates Forum. This forum is reserved for personal injury lawyers who have obtained verdicts in excess of $1 Million.

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