El Dorado Hills Wrongful Death Lawyer

The loss of a cherished family member is never easy. When you learn that their death was preventable or caused by the intentional malice of another, you may be ready to hold the liable party accountable to the fullest extent of the law. Fortunately, with help from a compassionate El Dorado Hills wrongful death lawyer at Triumph Law, you can get justice for your loved one.

When you need an El Dorado Hills personal injury attorney you can count on, look no further than the legal advocates at Triumph Law. Our team is ready to help make the responsible parties pay. Contact our office for a free consultation today to learn more about whether you have the authority to pursue a wrongful death action and what to expect as we guide you through the claims process.

Top Causes of Fatal Injuries in El Dorado Hills

Wrongful deaths can happen in virtually any type of accident, incident, or devastating event. However, some types of accidents have been known to cause fatalities more often than others. These include:

• Car accidents
• Slip and fall accidents
• Motorcycle accidents
• Drownings and swimming pool accidents
• Truck accidents
• Medical malpractice
• Assault and battery
• Homicide
• Construction accidents
• Electrocutions
• Nursing home abuse and neglect
• Bicycle accidents
• Bus accidents
• Dog bites and attacks
• Rideshare accidents
• Pedestrian accidents
• Premises liabilities
• Defective product lawsuits

This is by no means an exhaustive list of the accidents and incidents that have the potential to cause wrongful death. If your loved one was killed in another type of accident, do not lose hope. Contact a reputable wrongful death lawyer in El Dorado Hills, CA at Triumph Law to further explore your options for justice.

Requirements for Filing an El Dorado Hills Wrongful Death Claim

Are you ready to pursue legal action against the at-fault party? There are specific requirements that need to be met to file a wrongful death claim. These often include filing your claim before the statute of limitations deadline and having the authority to file the claim.

The Authority to File a Wrongful Death Lawsuit

You need to make sure you have the right to bring forward a wrongful death lawsuit. According to the California wrongful death statute, the decedent’s surviving domestic partner or spouse, adult children, or adult grandchildren can legally file a wrongful death claim. The decedent’s surviving parents, siblings, nieces, nephews, or even personal representatives do not have the authority to file the claim.

It may not always be clear whether you have the authority to pursue a wrongful death claim. When you are unsure what legal options are available to you, if any, connect with a wrongful death lawyer. We can evaluate the details of your case and your relationship with the decedent to determine whether you can move forward with your case or identify the parties who can pursue the claim.

File Your Claim Before the Statute of Limitations Expires

It is crucial to ensure your wrongful death claim is filed before the California statute of limitations deadline passes. Like personal injury claims, according to California Civil Procedure Code §335.1, a wrongful death lawsuit must be filed within two years of the decedent’s passing. Unfortunately, if your claim is not filed before this date, the civil court system will prohibit you from pursuing your case further.

Surviving Family Members Deserve Maximum Financial Compensation

Regardless of who files the wrongful death claim, anyone who is considered an heir of the deceased may be entitled to damages awarded under California Civil Procedure Code §377.60. Here, anyone who would legally be allowed to inherit the deceased property if they passed away without a will could recover damages. However, damages will first be awarded to the decedent’s surviving spouse, domestic partner, adult children, or adult grandchildren. 

If there are no such surviving family members, the decedent’s siblings, parents, and other relevant heirs can collect the wrongful death settlement payout. Anyone who was financially dependent on the decedent may also be entitled to compensation. Some of these parties could include the decedent’s stepchildren, legal guardians, adopted children, or putative spouses.

Types of Recoverable Wrongful Death Damages 

If your wrongful death claim is successful, according to the Judicial Council of California Civil Jury Instructions (CACI) Number 3921 wrongful death statute, surviving family members have the right to be repaid for every way they have been affected by the loss of their loved one. Compensatory damages are categorized as economic or non-economic. Economic damages include financially based losses, whereas non-economic damages will account for every other loss, with some examples of potentially recoverable economic and non-economic damages including:

• The decedent’s burial and funeral expenses
• Loss of benefits or gifts the decedent was expected to provide to other family members
• The decedent’s financial contributions to the family, including loss of income, inheritance, future potential earnings, retirement savings, salary increases, and employee benefits
• Compensation for the household services the deceased would have been responsible for as part of the family
• Any medical expenses related to the decedent’s fatal injuries and medical treatment prior to their death
• Loss of the decedent’s moral support, companionship, guidance, love, protection, care, assistance, society, comfort, and affection
• Loss of a close relationship with the decedent, including loss of an intimate spousal relationship

It should be noted that punitive damages could also be awarded in your California wrongful death claim. There is no limit to the amount of compensation your family could recover unless your loved one was a victim of medical malpractice. In that case, there may be a cap of $500,000 for non-economic damages, which will be increased by $50,000 every year until 2034, when it will continue to be increased by 2% annually to account for inflation.

Get Help from a Wrongful Death Attorney in El Dorado Hills, CA Today

After everything you have been through, you should not have to navigate a complex wrongful death action on your own. Get a powerful legal professional on your side. Connect with a dedicated El Dorado Hills wrongful death attorney at Triumph Law and advocate for the justice your family deserves.

Our firm is proud to offer surviving family members 100% free consultations. We serve El Dorado Hills, Folsom, Sacramento, and surrounding communities. Claim yours by completing our quick contact form or calling our office today.