Personal injury law encompasses more than premises liability, slip and fall cases, and even medical malpractice and negligence. Injuries can range from minor to severe and can even be deadly. If another person’s negligence or intentional act led to the wrongful death of a loved one, you may have grounds for a wrongful death lawsuit.
We understand the pain that you and your family are going through when trying to deal with the loss of a loved one. At Teal & Montgomery in Sacramento and Santa Rosa, we are here to offer legal help in dealing with your loss.
Wrongful Death Explained
If a person’s demise is caused by another person or entity through illegal or careless actions, the law defines this as wrongful death, and therefore subject to legal action. Some examples of wrongful death include the following:
- death caused by motor vehicle accidents
- medical malpractice
- unsafe working conditions
- defective products sold to consumers
- dangerous conditions of property
- acts of violence
What is Not Classified as Wrongful Death
If a person is killed because her or she fell asleep and drove off the road, this would absolutely be a tragic and accidental death, but it would not be classified as a wrongful death since no other person or company caused the death through an illegal or careless act. On the contrary, if a tire with a manufacturing defect blows out, causing the driver to lose control and drive off the road, a resulting death would legally be classified as wrongful. In these situations, the family of the victim is entitled to sue for damages caused by the death.
The Importance of Proving Negligence
It’s important to remember that in a wrongful death lawsuit, it’s up to the victim’s family to prove that the death was the direct result of negligence or misconduct. If you have a law firm representing you that has experience and expertise in wrongful death cases and lawsuits you will have a greater chance of winning compensation for the damages and losses you have experienced in the course of a civil lawsuit.
Who Can File the Lawsuit?
In the state of California, surviving family members such as the victim’s spouse, children, and in some cases parents of the deceased are permitted to file a lawsuit. If a child is a minor, the court requires a guardian to be appointed to represent the child.
What Compensation is Required When There is a Wrongful Death?
According to the law, the individual or company responsible for the wrongful death is required to provide compensation to the family to cover the following types of losses:
- Economical Losses – loss of future income that would have been earned by the decedent and financial costs incurred by medical bills, funeral costs, etc.
- Non-economical Losses – sometimes called “general damages,” are to compensate the family for the loss of the decedent’s companionship, love, affection, advice, comfort and society
If your loved one suffered a wrongful death in California as a direct result of another person or company’s illegal, negligent or intentional action, you should contact an experienced wrongful death lawyer to represent you and your family. You have experienced a loss that can never truly be addressed by a legal judgment, but the law dictates that the responsible person or company should do all that can be done to mitigate your loss.
Wrongful Death Attorney in Santa Rosa
At Teal & Montgomery, we represent the families of wrongful death victims recover the compensation the law requires. If you have lost a loved one due to a wrongful death that occurred in Sacramento, Santa Rosa, or anywhere else throughout California, call Teal & Montgomery Law Group at 707-525-1212, or submit any inquiries through our quick contact web form.