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Who Can File
At Teal Montgomery & Henderson in Sacramento and Santa Rosa, we understand that you and your family are going through an agonizing time trying to cope with the loss of a loved one. We are here to offer legal help in dealing with your loss.
Wrongful Death Explained
The law defines a death as wrongful, and thus subject to legal action, where the death is caused by another person or entity through illegal or careless conduct. Examples include death caused by motor vehicle accidents, medical malpractice, unsafe working conditions, defective products sold to consumers, dangerous conditions of property, and acts of violence.
As an example, if someone is killed when they fall asleep and drive off the road, this would certainly be a tragic accidental death. But it would almost certainly not be a wrongful death because no other person or company caused this to happen through some illegal or careless act. If, on the other hand, a defectively made tire blows out, causing the driver to loose control and drive off the road, a resulting death would likely be found to be wrongful under the law. In such a situation, the victim’s family would be entitled to sue for damages caused by the death.
It's important to remember that in a wrongful death lawsuit, the victim's family must prove that the death was caused by negligence or misconduct. Having the representation of a law firm that handles wrongful death cases and lawsuits will give you the best opportunity to win compensatory damages for your loss through a civil lawsuit.
Who Can File the Lawsuit?
In the state of California, family members such as the surviving spouse, children, and sometimes parents of the deceased may file a lawsuit. If a child is a minor, a guardian will need to be appointed to represent the child.
What Compensation is Required When There is a Wrongful Death?
The law requires the person or company who has caused a wrongful death to compensate the family for both economical and non-economical losses.
Economic losses include such things as the loss of future income that would have been earned by the decedent. Non-economic losses, which are 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 has died in California from a wrongful death at the hands of another person or company, you should contact an experienced wrongful death lawyer represent you and your family. The loss you have experienced can never be fully addressed by a legal judgment, but the law requires the person or company that is responsible to do what can be done to mitigate your loss.
At Teal Montgomery & Henderson, 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, contact Teal Montgomery & Henderson toll-free at 866-878-5267, or submit any inquiries through our quick contact web form.
