Wrongful Death Frequently Asked Questions

For most human beings, to describe any death, particularly a premature death, as “wrongful” would probably be considered an understatement.  However, in legal terms, the phrase “wrongful death” is applied as a description of the most tragic of deaths – those caused by someone else’s negligent actions, which, if not for those actions, could easily have been prevented.  To lose a loved one is always difficult; to lose someone to wrongful death is simply inexcusable.  This is why the law provides recourse to the families of wrongful death victims.  Below you will find answers to some of the questions most commonly asked by the wrongful death clients of Drivon, Turner & Waters.  For answers to your specific questions, please contact our compassionate wrongful death attorneys, serving Sacramento, San Joaquin County, Stockton, and other California communities, today.

• What is wrongful death?
• What types of accidents can form the basis of a wrongful death case?
• Who can file a wrongful death lawsuit?
• What types of compensation can I expect from my wrongful death lawsuit?

What is wrongful death?

Under the law, a wrongful death is any death that occurs due to someone else’s negligent or deliberately harmful actions.  The phrase can also be used to describe a death that occurred because a person failed to act as a reasonable person would under similar circumstances.  In order for a death to be considered legally wrongful, the plaintiff’s attorneys must be able to demonstrate a clear link between the defendant’s actions and the resulting death.

What types of accidents can form the basis of a wrongful death case?

A wrongful death case can be developed on the foundation of any catastrophic accident in which the deceased victim was not at fault.  Wrongful death actions often arise out of medical malpractice, auto accident, motorcycle accident, slip-and-fall, construction accident, and other cases.

It is important to note that not all deaths in which the victim was not at fault can necessarily be proven to be wrongful.  For example, if someone dies while under the care of a doctor, it must be demonstrated that the doctor failed to provide care of an acceptable standard and that this failure directly contributed to the death in order for it to be classified as wrongful.  Most wrongful death cases are highly complex and require exceptional skill to prove.  Our wrongful death attorneys in Stockton, California, have the experience and talent to handle even the most challenging cases.

Who can file a wrongful death lawsuit?

In most cases, only those related by blood or law to the deceased are eligible to file a wrongful death suit; the exceptions are rare and must be evaluated on a case-by-case basis.  In the state of California, the right to file a wrongful death suit is determined by legal hierarchy: the spouse has the first right of refusal, followed by children, grandchildren, parents, and siblings, generally in that order.

What types of compensation can I expect from my wrongful death lawsuit?

Depending on the nature of the relation between you and your loved one, you may be eligible to collect compensation for lost past and future wages, past medical expenses, funereal expenses, pain and suffering (both yours and the victim’s), anguish, loss of consortium, loss of support, and other losses and expenses.  A qualified wrongful death attorney will be able to identify those losses and expenses that may extend into the future and, in their pursuit, present a compelling case against the responsible party.

Contact Our Wrongful Death Attorneys in Stockton, California – Serving Sacramento and San Joaquin County

If you have lost a precious member of your family due to someone else’s negligent and careless actions, please first accept our heartfelt condolences.  At Drivon, Turner & Waters, we would be pleased and honored to represent you and your family in your pursuit of justice against those responsible for your loss.  To schedule an evaluation of your case, please contact our wrongful death attorneys in Stockton, California, serving Sacramento, San Joaquin County, Lodi, Manteca, Tracy, Modesto, Turlock, and surrounding communities.