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Elk Grove Wrongful Death Lawyer

Negligence should not be the reason a family is grieving. The at-fault party should therefore be held liable for their negligent, reckless, or intentional actions. California's Code of Civil Procedure 377.60 allows surviving family members to sue for damages when their loved one dies from someone else's wrongful act. Be it negligence, omissions, recklessness, or an intentional act.

If you are grieving the loss of a loved one, you may have many questions about the legal process involved in filing a wrongful death claim. Seeking the help of an Elk Grove wrongful death attorney at Kash Legal to provide legal counsel may be the best first course of action toward fighting for compensation.

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What Is a “Wrongful Death”  in Elk Grove, California?

Wrongful death is any fatality due to someone else’s negligence or intentional misconduct. In the state of California, a wrongful death claim can be based on the following:

  • Recklessness
  • Negligence
  • Gross negligence
  • Intentional wrongful act

Negligence can take several forms. It can even be caused by someone’s carelessness and doesn’t rise to the level of intent. The most commonly reported causes of wrongful deaths in California include the following:

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Vehicle Accidents:
Road accidents, including those involving cars, motorcycles, bicycles, or trucks, are a leading cause of accidental deaths throughout the country. In Elk Grove, the at-fault driver can be charged with the victim's wrongful death.

Medical Malpractice:
If a medical professional makes a medical error that costs a patient their life, they can be held liable by a civil court. Medical malpractice also includes a defective medical device that might lead to injuries causing death.

Premises Liability:
If a property owner fails to address a foreseeable safety issue that led to a fatality, you can hold them accountable under California's premises liability laws. For example, if a box falls on a customer in a workplace, and they die, you can file a wrongful death lawsuit against the business.

Defective Products:
A manufacturer that releases a harmful or defective consumer product that results in the death of a consumer can be held accountable under California's product liability laws. For instance, a malfunctioning car part may be responsible for causing a car accident.
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Workplace Accidents:
Although workplace accidents are usually covered under employer-worker compensation insurance and include death benefits for the employee's family, if the death was preventable, the family may have grounds to pursue a wrongful death claim against liable parties.
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Violent Crime:
California records one of the highest rates of violent crime in the U.S. If you lose someone by an act of intentional criminal violence, the perpetrator can not only be charged with wrongful death, but should also face criminal prosecution.
Californias Wrongful Death Laws

Who Has the Right to Sue for  Wrongful Death  in Elk Grove?

California Code of Civil Procedure 377.60 permits only the following family members or their representatives to file a wrongful death lawsuit on behalf of the deceased:

  • Any surviving spouses of the deceased
  • A domestic partner of the deceased
  • Children of the victim
  • Grandchildren of the victim if the deceased person’s children are also deceased
  • Any other dependent of the late who relied on them for at least 50% of their financial support
  • Anyone else who is entitled to the deceased’s property as per California’s laws on intestate succession

Any people mentioned above related to the victim can seek the help of an Elk Grove wrongful death attorney at Kash Legal to be guided on how to go about the lawsuit.

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Which Damages Can Be Recovered in an Elk Grove Wrongful Death Claims Case?

After a wrongful death, the victim’s family can file a claim for compensation in the value of the support they reasonably expected to receive from the deceased if they lived. The damages sought through a wrongful death claim can include the following:

    • Medical expenses: Cost for both medical treatments provided before the victim’s demise
    • Lost income: If the victim was a breadwinner, it is within reason for a family to seek compensation to ensure their continued financial stability
    • Loss of companionship: The direct family is entitled to damages for the loss of companionship suffered from their loved one’s death
    • Loss of affection and guidance: If the victim was a parent or guardian who was relied upon for emotional support and guidance
  • Funeral and burial expenses
  • Pain and suffering endured because of their loved one’s death

Speak with an experienced Elk Grove personal injury lawyer who’ll advise you on the best course of action by guiding you to seek the compensation you deserve. Important to note, according to the state of California, the wrongful death statute of limitations and survival actions is up to two years from the date of death.

Is It Worth Getting a Wrongful Death Lawyer?

An Elk Grove wrongful death lawyer can be invaluable during this challenging time for any family. The emotional toll caused by wrongfully losing a loved one can often make it challenging for the surviving family to make objective legal decisions.

Wrongful death attorneys understand the procedures, laws, and regulations involved in a wrongful death claim and will go the extra mile to exhaust all legal options to ensure that your family receives the proper compensation for your suffering.

Turn to a Compassionate Los Angeles Wrongful Death Attorney Today

Contact an Elk Grove Wrongful Death Lawyer

Are you an Elk Grove resident who has lost someone you love because of someone else’s wrongful act? Contact Elk Grove’s top law firm, Kash Legal. Our Elk Grove wrongful death lawyers have years of experience handling complicated wrongful death cases on behalf of our clients in Elk Grove, CA, and you, too, could benefit from this wealth of knowledge.

You can rest assured that your case will be taken up by the best Elk Grove wrongful death lawyer, who will devote their time and waste no resources to get you the best possible outcome. Contact us at (888) 527-4128 or fill out our contact form to schedule a free consultation with our experienced wrongful death lawyers. Remember, you’ll only pay if we win the case.

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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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