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Carmichael Wrongful Death Lawyer

Seeking Justice for Wrongful Death in Carmichael

 

When a tragic death occurs due to negligence or intentional actions, it’s termed as “wrongful death.” Unfortunately, various circumstances contribute to these incidents. Car accidents alone claim nearly 40,000 lives annually, many of which result from negligent driving. Shockingly, medical errors rank as the third-leading cause of death in the U.S., responsible for over 250,000 fatalities each year. Additionally, workplace injuries and elder abuse in nursing homes also lead to numerous fatal incidents.

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Regardless of the cause, grieving families seek accountability for the responsible party’s negligent, reckless, or intentional behavior. They also deserve financial compensation to ease their financial and emotional burdens. In Carmichael, compassionate wrongful death lawyers from Kash Legal are dedicated to helping families pursue the compensation they deserve.

Causes of Wrongful Deaths

Common Causes of Wrongful Deaths in Carmichael

Wrongful deaths stem from various tragic circumstances, including:

  1. Motor vehicle accidents: Car, motorcycle, and truck crashes are significant contributors to wrongful death cases.
  2. ATV and off-road vehicle accidents: These incidents lead to over 600 deaths annually.
  3. Slip and fall accidents: Especially prevalent among senior citizens, these accidents can result in fatal injuries.
  4. Medical errors: Surgical, medical, and medication mistakes cause thousands of wrongful deaths every day.
  5. Defective products: Faulty products and machinery can lead to fatal injuries, prompting product liability lawsuits.
  6. Workplace accidents: While covered under worker’s compensation insurance, certain circumstances may warrant wrongful death claims against responsible parties.
  7. Intentional violent acts: Criminal attacks resulting in death, such as assault and battery or rape, can lead to wrongful death civil lawsuits brought by the victim’s family.

If your loved one suffered a fatal injury in any of these situations, contact a Carmichael wrongful death lawyer to assess your legal options and guide you through the process of filing a lawsuit.

Californias Wrongful Death Laws

California’s Wrongful Death in Carmichael

In Carmichael, California’s wrongful death laws outline the process and requirements for filing a lawsuit after the loss of a loved one. These laws cover who can file the lawsuit, the types of damages available, and other crucial aspects.

Who Can Initiate a Wrongful Death Lawsuit?

A Carmichael wrongful death attorney assists various parties in filing a lawsuit following the death of a family member, including:

  • Personal representatives designated before the deceased’s passing
  • Surviving spouses
  • Domestic partners
  • Children
  • Grandchildren (if the decedent’s children are deceased)
  • Minor children (e.g., stepchildren) who relied on the deceased for at least 50 percent of their financial support

Additionally, other individuals entitled to the deceased’s property under California’s laws of intestate succession may also file a lawsuit. If unsure about eligibility or seeking clarification on who can file on behalf of the deceased, it’s advisable to consult a Carmichael wrongful death lawyer promptly for guidance.

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Types of Damages in a Wrongful Death Lawsuit in Carmichael

In a Carmichael, wrongful death case, damages encompass the losses or hardships endured by the plaintiff due to the wrongful death. By asserting specific damages, plaintiffs aim to secure equitable compensation in their claim. Compensatory damages, designed to cover economic and non-economic losses, are typically sought.

Economic damages, which are quantifiable using verifiable figures, have no set limits and may include:

  • Lost financial support the deceased would have provided to the family over their lifetime
  • Forgone benefits or gifts heirs could have expected from the deceased
  • Funeral and burial expenses
  • The reasonable value of household services the deceased would have rendered, such as childcare, housekeeping, or cooking

Non-economic damages, while limitless, are more complex to assess. They lack a predetermined value and are awarded based on the evidence and jurors’ discretion. These damages may encompass:

  • Loss of society and companionship
  • Deprivation of training and guidance
  • Absence of protection and moral support
  • Reduction in affection and intimacy

In a wrongful death lawsuit, plaintiffs cannot claim pain and suffering or punitive damages, except in cases where a survival action is filed. However, punitive damages may be pursued if the decedent is a homicide victim. Unlike compensatory damages, punitive damages aim to penalize the defendant for intentional or reckless behavior, rather than compensating the plaintiff.

Understanding Survival Actions in Carmichael

In Carmichael, survival actions are often intertwined with wrongful death lawsuits as per California Code of Civil Procedure 377.30. This legal provision enables plaintiffs to pursue two distinct lawsuits: one for the loss of the deceased’s income and companionship and another for the underlying incident that led to the death, encompassing damages like pain and suffering and medical expenses.

A survival action empowers the heirs of the deceased to initiate a lawsuit on behalf of the estate. A Carmichael wrongful death attorney can provide guidance on initiating both a survival action and a wrongful death claim.

The estate of the deceased may seek compensation for either or both categories of losses in a survival action:

  1. Damages unrelated to the death, which the deceased could have pursued legal action for at the time of death.
  2. Damages arising from the injuries that caused the death, provided the deceased survived these injuries for a brief period.
Turn to a Compassionate Los Angeles Wrongful Death Attorney Today

Seek Support from a Compassionate Wrongful Death Attorney in Carmichael

If you’ve suffered the loss of a loved one due to someone else’s negligence, recklessness, or intentional actions, it’s crucial to reach out to a compassionate wrongful death attorney in Carmichael.

At Kash Legal, our attorneys will carefully assess the details surrounding your loved one’s passing, identify liable parties, and assist you in filing a wrongful death claim. Don’t hesitate to contact our law firm today by calling (888) 527-4128 or filling out our online contact form to schedule a case review and begin the process of seeking justice.

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Our Clients Love Us

Jonathan has been great in getting my accident case settled and for more than I expected. They took care of everything for me so I didn't have to deal with any insurance agencies. Highly recommended.

Cynthia R.San Francisco, CA

Kash Legal Group . Jonathan and his team are the best. Never have I delt with such a professional, caring group. They kept in touch and informed me the whole journey. Eileen was so comforting to me. And I would MOST DEFINITELY RECOMMEND THIS TEAM ..

Deanna S.Big Bear, CA

I am super satisfied with the job Kashani and his team had done for me after my car accident. They help me get all the attention I needed after accident plus got me a good compensation. They all are very pleasant and know what are doing, they are very professional and sharp . The group firm assisted me till make sure I was healed and make sure everything was paid by other insurance.

Felipe C.Riverside, CA

After my injury, I contacted Kash Legal in hopes of getting justice for what had happened to me. Kash Legal has helped me achieve that goal, and even during the COVID pandemic, they had always kept fighting and updating me on the case with extreme professionalism. Kash Legal changed my life for the better, and did a fantastic job doing so.

Justin J.Broken Arrow, OK

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