Have you lost a loved one due to someone else’s negligence? It’s already difficult enough to cope with the loss, but it makes the grieving process even harder when you find out that their death could have been prevented. Unfortunately, this scenario is a reality for many grieving families in the Elk Grove community. If you have a loved one who has been killed in an accident that was not their fault, you may be wondering what your next steps are. It’s essential to learn about the legal options available to you, and a skilled Elk Grove wrongful death attorney can help.
Representing Elk Grove’s Residents With Wrongful Death Legal Services
At The Ward Firm, a personal injury law firm, we have provided legal services to the Elk Grove community for many years. We really understand how devastating an accident can be, and we know that you may have many questions about the legal process involved in filing a personal injury claim. Our wrongful death attorneys will provide legal counsel, and we’ll answer all of your questions—big or small. Our firm is dedicated to the wrongful death claims of our clients, and we’ll do everything possible to help you get the compensation that is owed to your family.
What Is a Wrongful Death Accident Claim?
A wrongful death claim is a civil action brought by the family of a victim who has died due to someone else’s negligence.People who are considering filing a wrongful death claim may be wondering what qualifies as negligent behavior. Negligence can occur in many different scenarios, and it can even be caused by someone’s carelessness that does not rise to the level of intent. Some examples of negligent behavior include:
Driving while intoxicated: Unfortunately, drinking and driving is one of the leading causes of accidents and fatalities in the United States. When a driver is intoxicated, they are more likely to make poor decisions behind the wheel, which can lead to a car accident. This can result in the death of another driver or their passenger.
Defective products: Products that are defective can cause serious injuries or death. If a product is found to be defective and it causes an accident that results in someone’s death, the family may be able to file a wrongful death claim.
Medical malpractice: This is another common type of wrongful death claim. If a doctor or other medical professional makes a mistake that results in their patient’s death, the family may be able to file a claim against them.
Workplace accidents: Many industries are considered high risk, and unfortunately, accidents do happen. If an employee is killed in a workplace accident that was not their fault, the family may be able to file a wrongful death claim.
Intentional violence: Finally, violence can also be considered a wrongful death. If someone is killed as a result of an intentional crime—such as murder or manslaughter—the victim’s family may be able to file a wrongful death claim.
This list is not exhaustive but highlights the breadth of possibilities that could lead to a wrongful death claim. If you have experienced the loss of a loved one due to someone else’s negligence, you need to speak with an experienced Elk Grove wrongful death attorney.
What Can a Family Receive Compensation for in a Wrongful Death Claim?
When a wrongful death occurs, the victim’s family can file a claim for compensation. The following types of damages can be sought through a wrongful death claim:
Medical expenses: This includes both the cost of medical treatment provided before the victim’s death and any future medical expenses incurred due to the accident.
Funeral and burial expenses: The family may incur costs for funeral and burial services, which can be covered through the wrongful death claim.
Lost income: If the victim was a breadwinner for their family, losing this income can be devastating and dramatically affect the family’s quality of life. It is within reason for a family to seek compensation to provide for their continued financial stability.
Loss of companionship: This type of claim is relevant if the victim was married or had dependent children. The family can seek damages for the loss of companionship that they have suffered from their loved one’s death.
Pain and suffering: The family may also be able to seek compensation for the pain and suffering that they have endured because of their loved one’s death.
Loss of affection and guidance: This type of claim may be relevant if the victim was a parent or guardian that their family relied upon for guidance. The loss of affection and guidance is a form of compensation that is relevant in many wrongful death claims, especially when children are involved who relied on the deceased for emotional support and guidance.
The family of a wrongful death victim can seek damages for many different types of losses. If you have lost a loved one as a result of someone else’s negligence, you must speak with an experienced Elk Grove personal injury attorney. They will advise you on the best course of action and help you seek the compensation you deserve.
What Is the Value of an Elk Grove Wrongful Death Attorney?
When someone suffers a wrongful death, the family left behind can experience emotional and financial devastation. A skilled Elk Grove wrongful death attorney can help the family recover damages and secure some semblance of justice. Elk Grove wrongful death lawyers offer families of victims their:
Expert knowledge of personal injury case laws: An Elk Grove wrongful death attorney understands the intricacies of personal injury law, especially when filing a claim for damages.
Expertise in dealing with insurance claims: An Elk Grove wrongful death attorney will often have a long history of negotiating with insurance companies on behalf of their clients. They understand the best way to approach an insurance company to maximize their client’s settlement.
Emotional support: Surviving family members of a wrongful death victim often needs support when dealing with emotional trauma. An Elk Grove wrongful death attorney can offer the family legal guidance and emotional support to help them through this difficult time.
Closure and justice: An Elk Grove wrongful death attorney can help the family move on with their lives by helping them attain closure and justice. They will work tirelessly to ensure their client’s wrongful death claim is successful.
Securing financial compensation: An Elk Grove wrongful death attorney can help their client secure financial compensation for expenses such as funeral costs, lost wages, and medical bills.
The decision to invest in a wrongful death attorney will always outweigh the risks of proceeding without one. Ensuring that your family receives justice and financial compensation following a wrongful death requires the skill of an experienced Elk Grove wrongful death attorney to make that happen.
What is Needed to Prove Negligence for a Wrongful Death Personal Injury Case ?
Four elements must be proven to win a wrongful death claim: negligent act, causation, proximate cause, and damages.
Negligent ActViolates Duty of Care
A negligent act is a behavior or action that violates the duty of care. There are three types of negligence, these include:
Ordinary negligence is the most common type of negligence and refers to a failure to use reasonable care while performing an everyday task.
Gross negligence: This is a much higher standard of care that refers to an action or behavior that falls below the acceptable standards.
Willful and wanton negligence: This is the most egregious type of negligence and refers to an intentional act that disregards the safety of others.
The Defendant Caused the Wrongful Death
The plaintiff must show that the negligent act was the direct and proximate cause of the wrongful death to prove causation. This means that the defendant’s actions were a substantial factor in causing the death.
Plaintiff Must Prove Proximate Cause
A wrongful death claim is only successful if the plaintiff can prove a direct link between the negligent act and their damages. The plaintiff must prove that the negligent act directly caused their damages and was not a result of any intervening circumstances.
Damages Directly Linked to Wrongful Death
For a wrongful death claim to be successful, the plaintiff must prove that they have experienced damages due to their loved one’s death. These can include economic and non-economic damages.
Economic damages: These are quantifiable losses that can be easily calculated, such as medical bills, funeral costs, and lost wages.
Non-economic damages: These are intangible losses that are not easily quantifiable, such as pain and suffering, loss of companionship, and loss of parental guidance.
Being able to prove all these steps is very difficult without the assistance of an experienced Elk Grove wrongful death attorney. Many people who have lost their loved ones due to the negligence of another were able to prove their cases with the help of a wrongful death attorney.
What Qualities Should I Seek in My Wrongful Death Attorney?
When seeking the best wrongful death attorney, there are several qualities you should look for to ensure you hire the best of the best in the field. This includes:
Experience: The more experience your wrongful death attorney has, the better they will be able to represent you and ensure that you get what is owed to you. Ask how many cases they have won and how often they take on wrongful death cases.
Resources: A good wrongful death attorney will have the necessary resources to take on even the most significant cases. This includes investigators, medical experts, and other professionals who can help build your case.
The right attitude: An essential quality to look for in a wrongful death attorney is how they treat you and your situation. If the attorney doesn’t seem interested in helping you with your case, it is time to look for a new attorney. Consult with a potential attorney and do a gut check to determine if they will handle your case with the care and attention it deserves.
Compassion and empathy: A wrongful death attorney should understand what you are going through and be compassionate toward your situation. They should also have the empathy to navigate your emotions and ensure that you are comfortable making the process and decisions.
Time: Another important quality to look for in a wrongful death attorney is how much time they are willing to dedicate to your case. You want an attorney who will take the time to get to know you and your loved one’s situation, as well as listen to all of your concerns.
What Are the Risks of Not Hiring a Wrongful Death Attorney?
There is a ton of risk to not hiring a wrongful death attorney. One of the most significant risks is not earning as much compensation as possible from the wrongful death claim as you would earn with the help of a lawyer. Attorneys understand the laws, regulations, and procedures involved in a wrongful death claim and will exhaust all legal options to ensure that every dollar you deserve from experiencing your loved one’s death is available to you.
Another risk of not hiring a wrongful death attorney is losing your case. Without the proper knowledge and experience, it can be challenging to fight for what you deserve from a wrongful death claim without legal representation. However, there is a reason that an attorney represents almost all wrongful death claims, and that is because the odds are stacked against the claimant when going up against a negligent party without representation.
Contact Us for Elk Grove Wrongful Death Personal Injury Cases
If you are looking for a dedicated and seasoned wrongful death attorney in Elk Grove, contact the lawyers at The Ward Firm today. We have years of experience helping families fight to get the compensation they deserve for their loved ones’ deaths. We understand what you are going through and will work tirelessly to get you the needed results. Connect with us today to discuss your case and learn more about how a wrongful death lawyer can help.
Schedule a Free Consultation
At your free initial consultation, you will meet directly with Justin, and he will explain how he can best help you with your case. If you decide to work with us, we will immediately get started on creating a strategy that protects your interests.
To get more information, call our office at 916-443-2474 or send us an email using our contact form. We are available by phone 24 hours a day. Se habla español.
The Ward Firm is open and actively assisting clients with personal injury, criminal, and employment related matters, and we do not anticipate any interruption in representation. However, please understand that all appointments will be telephonic as we observe the CDC's recommended social distancing.