Cameron Park Wrongful Death Lawyers
Why Bring an Action for Wrongful Death?
We recognize, as do the judges, juries and insurance companies, money cannot replace or truly compensate for the premature death of a loved one. The heirs, however, are not in a position to recover their loss in any other way. Sometimes individuals are reluctant to seek monetary damages for the loss of a loved one because they feel it is not right to profit from the loss. When the heirs decline to bring an action, the only party that profits is the insurance company for the defendant who is responsible for the loss.
If you have recently experienced the death of a family member and you believe the death was, at least in part, a result of someone else’s wrongful or negligent act, you can recover monetary damages from the person or entity at fault. Damages are based upon “wrongful death” of the family member and are separate and distinct from the damages that may be recoverable for that family member’s medical expenses or pain and suffering.
“Mr. Cunningham has a great team of people working with him and he was able to make a very good settlement for me with the other person’s insurance company.”Actual Car Accident Client
Who May Recover: The California Probate Code sets forth the classes of relatives entitled to pursue a claim for wrongful death. Depending on who survives the deceased, relatives such the deceased person’s parents, spouse, children and other family members in the line of succession may be entitled to seek damages. Each survivor has a separate cause of action, but every heir intending to recover must take action to be included in the single recovery available by reason of the death. This does not mean you must have an agreement of all potential heirs to proceed, but only that without action on the part of the non-participating heirs, such heirs may be excluded from recovering damages. Exactly who is entitled to bring an action for wrongful death is quite complicated and you should obtain the expert opinion of a California attorney as to what your particular rights are.
What Type of Damages are Recoverable: Once the group of individuals entitled to recover has been determined, the loss suffered because of the death of the family member is determined. While damages must be reasonable, they are not limited in amount by California statutes; the only limitation is they must be “just”. California case law has defined wrongful death damages to include future contributions the heirs would have received from the deceased family member, including the value of any personal service, advice or training, and the loss of love, companionship, comfort, affection, society, solace, moral support, monetary support, enjoyment of sexual relations and the loss of physical assistance in the home. Heirs may also be awarded interest on amounts they expend in funeral or related expenses and certain other recoverable damages.
Punitive Damages: In limited circumstances, damages (punitive damages) are awarded to punish the wrongdoer.
If You Witnessed the Accident: If the heir witnessed the accident they may have additional rights to recover for emotional distress in addition to recovery for the wrongful death.
Contact A Cameron Park Wrongful Death Attorney
If you have lost a loved one due to the negligent actions of another person, contact an attorney at the wrongful death law firm. At Cunningham Law Group, A.P.C., we offer free case consultations, and there is no fee to pay up front. We work on a contingency fee basis and do not get paid until we are successful in recovering compensation for you. The locations we serve include: Cameron Park, Roseville, Auburn, Citrus Heights, Folsom, El Dorado Hills, Placerville, Rancho Cordova and Elk Grove.