Losing a loved one in a tragic accident caused by someone’s negligence is devastating. In addition to your emotional trauma, you may be faced with a tremendous financial burden that can be eased with the help of a Yuba City wrongful death lawyer. A Yuba City personal injury attorney at Triumph Law can help you obtain the compensation you deserve after the devastating wrongful death of your loved one.
Common Types of Wrongful Death Cases in Yuba City
When an individual’s negligence or carelessness causes another person’s demise, it is considered a wrongful death. There are many ways in which a wrongful death can occur. Common wrongful death accidents include:
- Car accidents
- Rideshare accidents
- Bicycle accidents
- Truck accidents
- Pedestrian accidents
- Bus accidents
- Motorcycle accidents
- Construction accidents
- Dog bite accidents
- Slip and fall accidents
- Drowning accidents
- Medical malpractice
- Defective products
- Nursing home abuse and neglect
This is not an exhaustive list of accidents that can cause the death of your beloved family member as a result of someone’s negligent behavior. However, if any of these, or another, caused the death of your loved one, a wrongful death attorney in Yuba City can help you file a claim for compensation. No amount of money can bring your loved one back; however, it can help ease the financial burden you are facing after their loss.
Parties Who Can File a Yuba City Wrongful Death Claim
Only certain individuals are eligible to file a wrongful death claim in California. State law identifies certain relatives or other personal representatives who can file a lawsuit for the senseless death of their loved one. The parties who can file a wrongful death claim in Yuba City include:
- The decedent’s living husband, wife, or domestic partner
- The decedent’s living children
- The decedent’s living parents or legal guardians
- The decedent’s living siblings
- The personal representative of the decedent’s estate
You may have questions about whether you are eligible to file a lawsuit after your loved one’s wrongful death. Our Yuba City wrongful death attorneys can review your potential claim and determine whether you have standing to file legal proceedings. If you do, we will start the process and begin gathering the evidence necessary to prove your wrongful death assertions.
Statute of Limitations for Your Wrongful Death Claim in Yuba City
Pursuant to California law, you only have two years from the date of your family member’s accident to file a wrongful death claim. If you do not file a lawsuit within this statute of limitations, you may be barred from doing so forever. There are certain situations in which you may have less time to file your claim, such as if a governmental entity is an at-fault party.
To best ensure you meet the statute of limitations, you should consult with our wrongful death lawyers in Yuba City as soon as possible after your loved one’s death. This will enable us to investigate the accident, gather supporting evidence, and determine who may be held responsible for their death. Once the liable party is identified and evidence is collected, we can file a wrongful death claim on your behalf.
Elements of a Yuba City Wrongful Death Claim
There are four elements a wrongful death claimant must prove to obtain an award of damages in Yuba City. These elements must be proven by a preponderance of the evidence. To prevail in your California wrongful death claim, you must demonstrate the following elements:
- A duty to use due care
- A breach of that duty
- Proximate cause between the breach and your loved one’s death
- Actual damages resulting from their death
Our experienced wrongful death lawyers at Triumph Law know what evidence is needed to successfully prove these elements of negligence. It is important that you contact us as soon as possible so we can begin collecting the information necessary to prevail in your claim for damages. The sooner we can begin gathering evidence to show these elements, the faster we can obtain compensation for your losses.
Recoverable Damages in Your Yuba City Wrongful Death Claim
No dollar amount will make the loss of your loved one easier. However, it can help reduce the financial burden you are facing after their loss. There are a few different types of damages you may be eligible to collect in a successful Yuba City wrongful death claim.
Your economic damages are those that can be calculated. In other words, they are your tangible losses. They include expenses such as your loved one’s medical bills, funeral and burial expenses, and loss of income.
Your non-economic damages are your intangible losses. It is difficult to put a monetary value on these losses. They include your pain and suffering, loss of companionship, loss of consortium, and loss of services.
Exemplary damages are frequently known as punitive damages in California. They are rare and are only awarded in cases wherein the party responsible for your loved one’s death acted fraudulently or maliciously. They are intended to punish the liable party for their reckless conduct.
In California, there is currently a $500,000 cap on the non-economic damages that can be recovered in your wrongful death claim. This cap will increase by $50,000 each year until it reaches $1 million. Our skilled Yuba City wrongful death attorneys at Triumph Law will work to get you maximum damages for the losses you are facing after the death of your loved one.
Do Not Fight for Justice in Your Yuba City Wrongful Death Claim Alone
Losing a loved one due to someone’s negligence is unimaginable. If you are faced with this tragic situation, reach out to us today for a confidential consultation to discuss the accident that claimed your family member’s life. Our Yuba City wrongful death lawyers will help you and your family get justice so you can begin your long road to healing.
Nothing can ease the pain of the loss you are facing in the wake of your loved one’s senseless death. However, monetary compensation can lessen your financial burden, allowing you to focus on your emotional healing. Let us help you take the first step in your long healing journey.