Fairfield Wrongful Death Lawyers
We Partner with You to Achieve the Best Results.
The sudden death of a loved one is a devastating blow. When the loss results from the negligence or recklessness of another person, an overwhelming sense of injustice compounds the pain you feel.
While no amount of money could ever replace the loss of someone so cherished, pursuing a wrongful death lawsuit can give surviving family members the support they need in the aftermath of an unfathomable loss.
Wrongful death lawsuits offer a path toward accountability and some measure of financial recovery during this challenging time. A Fairfield wrongful death lawyer helps get you and your family on the road to healing.
What Is Wrongful Death and When Can a Lawsuit Be Filed?
California law defines wrongful death as a death caused by “the wrongful act or neglect of another.” If someone’s carelessness, recklessness, or intentional act directly leads to the death of another person, a wrongful death lawsuit may be an option for compensatory relief. Here are some common examples of situations that can lead to a wrongful death lawsuit:
- Car accidents—drunk driving, distracted driving, speeding, or mechanical failure caused by a manufacturer’s negligence;
- Medical malpractice—doctor or hospital errors during surgery, misdiagnosis, or medication mistakes;
- Workplace accidents—unsafe working conditions or failure to provide proper safety equipment;
- Product liability—defective products that cause death; and
- Wrongful death caused by crime—assault, homicide, or DUI accidents.
Even if the circumstances of your loved one’s death do not fit in the above categories, speak with a Fairfield wrongful death lawyer to learn how they can help you.
Who Can Bring a Wrongful Death Action in California?
In California, only specific individuals can file a wrongful death lawsuit. These include:
- Spouses or domestic partners—a surviving spouse or domestic partner has the first right to file a wrongful death lawsuit;
- Children—if a spouse or domestic partner does not survive the deceased, then their children can file a lawsuit; and
- Dependent parents—if there is no surviving spouse or children, parents financially dependent on the deceased can file a lawsuit.
If you have questions about whether you can file a claim, contact a Fairfield wrongful death attorney to discuss your options.
Statute of Limitations for Wrongful Death Claims in California
Every lawsuit has a time limit known as the statute of limitations. This deadline dictates how long a person has to file a lawsuit after the cause of action arises. In California, the statute of limitations for wrongful death lawsuits is generally two years from the date of death. These deadlines are strict, and missing them may bar you from ever filing a lawsuit, regardless of the merits of your case.
There are, however, some exceptions to this statute of limitations:
- Minor—if the person entitled to file the lawsuit is a minor under 18, the statute of limitations tolls, or pauses, until they reach the age of majority;
- Fraudulent concealment—if the defendant fraudulently concealed the cause of death, the statute of limitations may not begin to run until discovery of the truth; and
- Out-of-state death—if the wrongful death occurred outside of California, the statute of limitations of the state where the death occurred may apply.
Understanding whether an exception may apply to your filing requirements requires the help of a wrongful death attorney. Don’t miss your opportunity to hold the proper party responsible by missing a procedural deadline.
What Compensation Can Be Recovered in a Wrongful Death Lawsuit?
Wrongful death lawsuits allow surviving family members to recover damages for the losses they have suffered as a result of their loved one’s death. The law categorizes these damages into economic and noneconomic.
Economic damages are concrete financial losses that can be calculated and documented. Examples of economic damages recoverable in a wrongful death lawsuit include:
- Medical expenses—medical expenses include costs associated with the deceased’s final illness or injury, including ambulance rides, hospital stays, medications, and surgeries;
- Funeral and burial expenses—these costs are associated with laying the deceased to rest;
- Lost wages—the income that the deceased would have earned had they not been wrongfully killed, including future earnings and benefits; and
- Loss of household services—the value of the services the deceased provided around the home, such as childcare, housekeeping, and yard work.
Documentary evidence supports your claim for economic damages, so keep all receipts, invoices, pay stubs, and other similar evidence to give to your Fairfield wrongful death lawyer.
Noneconomic damages are intangible losses that are more difficult to quantify. Examples of noneconomic damages recoverable in a wrongful death lawsuit include:
- Loss of love, companionship, and support—the emotional pain and suffering of surviving family members due to the loss of their loved one’s companionship, care, and guidance is a recoverable loss;
- Loss of consortium—loss of consortium includes the loss of the marital relationship, including intimacy and sexual relations;
- Loss of guidance and mentorship—for children who have lost a parent, these damages amount to the loss of parental guidance and advice; and
- Mental anguish—the emotional distress caused by wrongful death, including depression, anxiety, and PTSD, is a compensable loss.
Testimony from friends and family helps support claims for noneconomic damages. Though more challenging to prove than economic damages, your attorney knows what evidence is needed to support your demand so you and your family get the total value of your claim.
Finding the Right Wrongful Death Lawyer in Fairfield, California
The aftermath of a loved one’s death is a highly emotional time. While navigating the legal complexities of a wrongful death lawsuit seems daunting, securing the services of a skilled wrongful death attorney in Fairfield, California, makes a significant difference.
An experienced attorney investigates the circumstances surrounding your loved one’s death, gathers evidence of negligence, negotiates with the at-fault party’s insurance company, and, if necessary, represents you aggressively in court. Here are some essential qualities to look for in a wrongful death lawyer:
- Experience. Choose a lawyer with a proven track record of successfully handling wrongful death cases. Look for an attorney with experience in cases similar to yours, whether it involves car accidents, medical malpractice, or another cause of death.
- Compassion. You need an attorney who understands your emotional state during a highly sensitive time. Look for someone empathetic and understanding but also assertive when required.
- Communication. Effective communication is crucial. Choose an attorney who will keep you informed about the progress of your case, answer your questions promptly, and explain legal concepts in a way you can understand.
- Resources. Wrongful death cases can be complex and require extensive investigation. To build a strong case, look for an attorney with access to the resources needed, such as investigators, accident reconstruction experts, and medical professionals.
Finding the right one for you may take a few interviews with different attorneys. Referrals are also a great resource to find a potential attorney to represent you in your wrongful death claim.
Taking the First Step Towards Justice
The decision to pursue a wrongful death lawsuit is a personal one. While no amount of money can truly replace the loss of a loved one, a wrongful death lawsuit can help hold the responsible party accountable and provide some financial security during a difficult time.
If you have lost a loved one due to someone else’s negligence in Fairfield, California, schedule consultations with several qualified wrongful death attorneys. Discuss your case thoroughly during these consultations and ask questions to determine which lawyer best fits you. Remember, the right attorney can guide you through the legal process, fight for the compensation you deserve, and help you achieve justice for your loved one.
Contact Us
At Wells Call, our team is committed to helping accident victims protect their rights to recover the compensation they deserve. If you or a loved one has been hurt in an accident caused by someone else, you can count on our attorneys to hold the at-fault parties accountable for their actions.
For over 40 years, we have recovered hundreds of millions of dollars for our clients in settlements and judgments. While we can never guarantee a particular outcome, we work tirelessly to get the best possible outcome in your case. Contact the attorneys at Wells Call today by phone or email for a free consultation and learn more about how we can help you.
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Additional Practice Areas We Handle
In addition to wrongful death cases, our experienced team also handles other personal injury cases in Fairfield. If you’ve been injured and need legal guidance, explore our other services:
