Losing a loved one is always difficult. When your loss results from another party’s negligence or wrongdoing, the grief and anger can feel overwhelming.
If you lost a family member due to someone else’s fault in Santa Maria or the surrounding areas, you may have the right to file a wrongful death claim and recover significant compensation. At Rodriguez & Associates, our Santa Maria wrongful death attorneys are here to stand by your side, protect your rights, and pursue the full justice your family deserves.
Call us today at (661) 777-7575 or visit our contact page to schedule a free consultation. There is no cost and no obligation to speak with our team.
The Rodriguez & Associates Advantage
- Over 100 years of combined personal injury experience.
- A proven track record of recovering maximum compensation for our clients.
- No upfront costs.
- Genuine compassion and concern for our clients.
What Is A Santa Maria Wrongful Death Claim?
If someone dies due to the negligent or wrongful actions of another, their survivors have the right to seek compensation for damages sustained due to their death. A wrongful death claim arises when the survivors file a civil lawsuit against the party responsible for their loved one’s death.
A wrongful death claim is entirely separate and distinct from any criminal charges that may or may not be filed against the party responsible for the death.
To succeed in a wrongful death claim based on negligence, you must prove four elements:
- The defendant owed your loved one a duty of care.
- The defendant breached that duty through negligence, recklessness, or intentional wrongdoing.
- The defendant’s breach of duty was the cause of your loved one’s death.
- You suffered damages as a result of the death.
Wrongful death claims arise from a wide variety of circumstances, including car accidents, commercial truck accidents, motorcycle accidents, pedestrian accidents, workplace accidents, medical malpractice, defective products, and premises liability incidents.
Who Can File a Wrongful Death Claim in California?
California’s wrongful death statute, outlined in California Code of Civil Procedure §377.60, specifies who has the legal right to file a wrongful death lawsuit. The following individuals are generally eligible to bring a wrongful death claim:
- The deceased person’s surviving spouse or domestic partner
- The deceased person’s surviving children
- Surviving grandchildren, if the deceased person’s child has also died
- Any other person who was financially dependent on the deceased, such as a putative spouse, a stepchild, or a parent
If none of the above parties exist, then individuals who would be entitled to the deceased person’s property under California’s intestate succession laws, such as a parent or sibling, may have the right to file.
It is important to note that only one wrongful death lawsuit may be filed per deceased individual. In many cases, the surviving spouse files the action on behalf of all eligible family members, though the specific circumstances of your family may affect who takes the lead. Our Santa Maria wrongful death attorneys can advise you on your standing and help ensure the claim is filed correctly from the start.
What Compensation Is Available in a Wrongful Death Claim in California?
In a successful California wrongful death claim, you may be able to recover economic damages and non-economic damages.
Economic damages include the financial support the deceased person would have provided you, the loss of financial benefits you would have received from your loved one, medical and hospital expenses before the decedent’s death, funeral and burial expenses, and the value of household services and other contributions the deceased would have provided.
Non-economic damages you may be able to recover include loss of companionship, comfort and care, loss of moral guidance and training, loss of consortium, and other intangible losses incurred due to your loved one’s death.
At Rodriguez & Associates, our Santa Maria wrongful death attorneys will aggressively pursue all available damages to maximize your compensation.
Why Do I Need a Santa Maria Wrongful Death Lawyer?
Unfortunately, insurance companies and defense attorneys will try to deny liability so they can settle your claim for as little as possible. They may even attempt to shift blame to your deceased loved one. You need an experienced Santa Maria wrongful death lawyer to carefully investigate the accident or incident that caused the death of your family member, identify all contributing factors, establish causation and liability, and build your strongest case.
Your Santa Marie personal injury attorney can help prove the existence and accurate value of all your damages and work to recover maximum compensation for you as quickly as possible.
Schedule a Free Consultation Today
If you have lost a loved one due to another party’s negligence or wrongdoing, you may be entitled to recover compensation for your damages. At Rodriguez & Associates, we understand that no amount of money can compensate for your loss. However, we know that recovering compensation can help ease some of the financial burdens caused by your loved one’s death. Our Santa Maria car accident attorneys will work tirelessly to protect your rights and help you recover maximum compensation.
Call (661) 777-7575 or visit our contact page and schedule a free consultation.