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The death of a loved one due to someone else's negligence is always a heartbreaking and emotionally charged time for families. While the mental and emotional stress of being separated from a loved one can be almost unbearable at times, losses due to the reckless acts of others can be especially painful.
If someone close to you has died due to the negligence of another person, you need an experienced wrongful death attorney. The wrongful death attorneys at The Sevey Law Firm understand what you are going through. We fight for justice on behalf of those who are suffering and have compensated millions of dollars in damages for wrongful death victims' families.
If you or someone you know is considering filing a wrongful death claim, we can help guide you through the process. Contact us today for a free consultation.
Our client's husband was killed when he swerved on the freeway to avoid a ladder that fell out of the back of the defendant's pickup truck, leading to a $2,250,000 wrongful death settlement. The defendant denied the ladder was his or that it came out of his truck.
Our investigator was able to trace the ladder to the defendant, who had fled the scene. The defendant claims the ladder was stolen on the morning of the accident. The defendant later admitted he lied and that the ladder did come out of his truck.
The victim, in this case, was Mr. Castro, an 82-year-old man with stage four prostate cancer. Our clients were his heirs. Mr. Castro had fallen at a Home Depot store. The defendant, who was driving slowly, did not see him on the ground and ran over both of his legs. Mr. Castro was placed in an elderly home and passed due to his injuries within five months. We hired a urologist to estimate his life expectancy if he had been able to seek treatment. The timeframe was limited to four years. We settled at mediation for $750,000.
If you've lost a loved one due to someone else's negligence, no amount of money can truly compensate for your loss. Yet, the law recognizes the need for financial recovery to help families cope with the economic and emotional impact of their loss.
A confusing factor when it comes to wrongful death claims is what kind of damages victims' families may be entitled to. While the details of each case are unique, some general guidelines can be used to determine what to expect. The majority of losses fall into either one of two categories:
A wrongful death action belongs to the surviving family members and is designed to compensate them for what they lost when their loved one died. In short, a wrongful death claim looks forward at the impact the death has on those left behind.
A survival action, by contrast, belongs to the estate of the person who died. It is essentially the personal injury claim the deceased would have been able to bring had they survived—the claim "survives" their death and is pursued by the estate's personal representative on their behalf. Rather than compensating the family's losses, a survival action recovers damages the deceased personally suffered between the moment of injury and the moment of death. This typically includes the deceased's conscious pain and suffering, medical expenses incurred before death, and lost wages during that period. Any recovery becomes part of the estate and is distributed according to the will or state intestacy laws.
A wrongful death claim addresses the harm to the surviving family, while a survival action addresses the harm the deceased endured before passing. Because these claims serve distinct purposes, they are often filed together after a fatal incident, allowing a family to pursue full and complete compensation.
While not meant to be a definitive list, here are some of the types of fatal incidents we handle the most at The Sevey Law Firm:
In California, a specific law spells out who can bring a wrongful death claim. Usually the people who can file are the surviving spouse or registered domestic partner and the children. If the person who died left no spouse, partner, or children, the right to file can pass to whoever would inherit under California law — which may include parents, siblings, or other relatives. Certain dependents may also qualify.
California also lets certain dependents file — for example, stepchildren, a putative spouse, or a minor who lived in the household and depended on the person who died. Whether a particular dependent qualifies is worth confirming with an attorney.
Wrongful death cases are tricky because proving the fault or negligence after death can be much more difficult. That is why you need to work with a personal injury law firm experienced in these types of complex cases.
Our Roseville wrongful death attorney, Jeff Sevey, can help you recover financial losses. Jeff works tirelessly so that at-fault parties are held accountable for the death and accident caused. There is no charge to talk to us, and you will never pay a dime in fees until we win your case. Contact us today for a free consultation.
Personal injury cases of wrongful death generally can be filed within two years from the date of death. If you lost a close relative, contact a Roseville wrongful death lawyer as soon as possible.
A wrongful death claim is an action filed in a civil court seeking financial compensation, while a criminal case is trying to convict the wrongdoer through the justice system.
Common examples include car accidents, truck accidents, motorcycle crashes, bicycle accidents, and medical malpractice.
California follows comparative negligence rules, meaning you may still receive damages, but they may be reduced based on the deceased's level of fault.
The duration varies depending on the complexity of the case, but it can take anywhere from several months to a few years to resolve.
Insurance companies often try to reduce payouts in cases involving an unexpected death. They may offer quick, low settlements or dispute liability. Our experienced Roseville wrongful death lawyers know how to negotiate with insurance companies to ensure you are paid fair compensation for your loss.
Yes, you can still file a claim even if the deceased didn't have a will. The court will determine the appropriate beneficiaries under California law.
California law spells out who has standing. The surviving spouse or registered domestic partner and the children are first in line. In some cases, certain dependents can also join. If there's no spouse, partner, or children, the right to file can pass to whoever would inherit under state law.
A personal injury claim is brought by the person who was hurt. When an accident causes fatal injuries, that person can no longer sue, so the family brings a wrongful death claim instead. The two run on similar legal ground, but a wrongful death injury claim compensates the survivors for their own losses after a loved one's death rather than the victim's.
Families can seek compensation for both the financial and personal losses that follow a death. That may include lost financial support the person would have provided, the value of lost household services like childcare or home maintenance, and the loss of companionship and guidance. What a family can recover damages for depends on the relationship to the person who died and the facts of the case.
Building a case starts with showing who the responsible party is and why they should be held liable. Attorneys often rely on physical evidence from the scene, police reports, and witness statements to piece together what happened. In some accidents, more than one responsible party may share fault, and California's comparative fault rules can affect how a claim is handled.
Yes. Government entities may be held liable when a dangerous road, a public vehicle, or a negligent employee contributes to a death, though claims against them follow stricter deadlines and procedures. Defective products are another source of liability, where a vehicle part, medical device, or consumer good fails and causes fatal injuries. These cases can involve added legal complexities, so the facts matter early.
When drunk driving causes a death, the same wrongful death legal action applies, but the impaired driver's conduct can carry extra weight. A DUI case may run alongside the civil claim, and evidence from it can support the family seeking justice. The two cases are separate, and a conviction is not required to pursue compensation.
There is no fixed number, and no honest attorney can promise a maximum compensation figure up front. The value depends on the financial support the person provided, the cost of lost household services, the survivors' relationship to them, and how clearly fault can be shown. Strong evidence and a well-documented claim tend to matter more than any early estimate.