Santa Rosa Wrongful Death Attorney
If you lost a loved one in an accident that was someone else’s fault in the Santa Rosa area, you should contact a Santa Rosa wrongful death attorney as soon as possible. No matter the type of accident, when another individual’s carelessness, recklessness, or intentional misconduct caused your spouse, child, or parent’s death, then you may be entitled to file a wrongful death claim against that individual. Through this claim, you may be entitled to compensation for your financial and emotional injuries. However, moving forward with a wrongful death claim can be a tough decision. Speaking with attorney Greg Brod can help you learn more about this type of legal claim and whether it is right for you and your family.California Wrongful Death Law
California Code of Civil Procedure §377.60, states that only certain individuals are entitled to bring and benefit from a wrongful death claim. These family members include a deceased person’s surviving:
- Domestic partner,
- Children, and
- Grandchildren or the surviving spouse or domestic partner of deceased children.
Additionally, putative spouse, putative children of the putative spouse, stepchildren, and parents may also be able to benefit from a wrongful death claim if they can prove that they were dependent on the deceased person. A putative spouse means a surviving former spouse from a void or voidable marriage who the court finds believed in good faith to be married to the decedent.
If you unsure of whether you are entitled to file a wrongful death claim or receive compensation from one, contact a wrongful death attorney in Santa Rosa.Compensation in a Wrongful Death Claim
There are many damages you can pursue through a wrongful death claim for yourself and your other family members, including:
- Medical expenses
- Funeral and burial expenses
- Loss of the decedent’s future earnings
- Loss of the decedent’s benefits, like health insurance
- Loss of household services
- Loss of companionship
- Loss of care, protection, assistance, society, and moral support
- Loss of enjoyment of sexual relations
It may also be possible to ask for punitive damages. While all of the type of compensation above are known as compensatory damages, which are meant to compensate you for your economic and non-economic injuries, punitive damages are different. They are intended to punish the wrongdoer.
There are some damages you are not entitled to recover. You cannot seek compensation for the pain, suffering, or disfigurement your loved one suffered prior to their death.
Calculating the amount of damages you and your family should be owed can be difficult. The economic damages like medical expenses may be relatively easy. However, you may need help determining the value of the loss of your loved one’s benefits or the value of the loss of their companionship. For help with calculating the damages to which you are entitled under the law, contact a Santa Rosa wrongful death lawyer right away.How an Attorney Can Help
An experienced and compassionate lawyer from Willoughby Brod, LLP can help you in numerous ways following a sudden and tragic loss of a parent, spouse, or child. Attorney Greg Brod can help you determine if you have the right to bring a wrongful death claim, including whether your loved one’s death was likely the result of another person’s negligence and whether you are a family member entitled to move forward with this type of claim under the law. Next, Mr. Brod can advise you on whether there is an appropriate insurer to file a claim with or whether filing a wrongful death lawsuit is the next best move, which must be done within two years of your loved one’s death. Finally, Mr. Brod can advise you on the value of your claim and ensure you do not accept a settlement offer that is far below what you deserve under the law.
To learn more about your rights and legal options after a family tragedy, contact a wrongful death lawyer who practices in Santa Rosa. You can reach Willoughby Brod, LLP at (800) 427-7020 to schedule a free case evaluation.