Folsom Wrongful Death Lawyer
Helping Folsom Families After Fatal Accidents
If you are reading this, your family may be dealing with the loss of someone who was killed because of someone else’s negligence. At Child & Jackson Personal Injury Lawyers, we know these cases well because we have helped many families in Folsom after fatal accidents.
A wrongful death claim brings together two realities. One is the trauma suffered by the victim’s family. The other is the urgent need for full support and guidance. That support should cover everything the family may need on legal, employment, civil, evidentiary, technical, and human levels.
Along with grief, families are often left dealing with funeral arrangements, gathering loved ones, insurance calls, lost income, unanswered questions, and the strain this puts on the entire household. In these cases, our clients often come to us with many questions because they do not know where to start or how to protect their family’s interests.
Our law firm helps families after fatal accidents. These cases are not only about money. They are also about getting answers and making sure the legal and insurance issues are handled properly during a very difficult time.
A wrongful death action often involves more than a standard injury case. There may be questions about fault, insurance coverage, the police investigation, witness statements, vehicle data, and the financial support the deceased provided to the household. We step in to address those issues and pursue the full value of the action under California law.
If a tragic accident took the life of someone close to you, do not wait to get legal help. Contact a Folsom wrongful death lawyer at Child & Jackson today. We can review the case with you at no cost. There is no pressure and no upfront fee. If we take your case, we are paid only if there is a recovery.
Why Families Turn to Child & Jackson Personal Injury Lawyers
At Child & Jackson, we know there is no amount of money that can make up for the loss of a life. Families who come to us after a tragic accident often have many questions. This is completely normal. Most have never been through anything like this before and suddenly find themselves having to make decisions while grieving and trying to keep the family together.
In those first days and weeks, families often ask:
- Are funeral and burial costs covered by insurance?
- How can we obtain the police report?
- What if the crash occurred outside our home area?
- How do we begin a claim after a wrongful death?
- What should we say if the other driver’s insurance company calls?
- What steps are needed if there is a related criminal case?
- Which documents are required to move the claim forward?
- Who in the family has the right to file a claim?
- What types of losses may be recovered?
When someone is killed because of another person’s negligence, the law gives certain surviving family members the right to take legal action. That may include a civil claim to recover financial losses and other damages allowed under California law. In some cases, there may also be related criminal proceedings, but those do not deprive the family of their civil rights.
When you hire Child & Jackson, you are hiring a law firm with a long record of helping injured families across California. Our firm has recovered over $200 million for clients, and founding partner Erik E. Child, Esq., brings close to 25 years of experience trying cases. Families in Folsom also turn to Child & Jackson because they want a law firm with trial experience, proven results, and positive client reviews.
Most families have immediate questions, including:
- Insurance companies might try to contact families early, sometimes even before they consult a lawyer
- Initial settlement offers are not always fair, so families should be cautious before accepting anything
- While police reports are important, they do not always determine who is at fault
- Fatal accident cases often involve multiple issues, such as liability, insurance coverage, financial support, and the evidence required to support the claim
- According to California law, only certain individuals have the right to file a wrongful death claim
- It is recommended to consult a wrongful death lawyer before agreeing to a settlement or making a recorded statement
Child & Jackson helps families after fatal accidents. We are prepared to step in when insurance issues, liability disputes, and legal questions start piling up. Getting help early can protect your family and put the case on firmer ground. Call a wrongful death lawyer in Folsom today or contact us online for a free consultation.
What Defines a Wrongful Death Case in California?
A wrongful death case is a civil lawsuit filed when a fatality results from another person’s wrongful conduct or neglect. In California, a wrongful death claim is made for the benefit of certain surviving family members or by the decedent’s personal representative. The goal is to recover the losses the family suffered because of the death.
Essentially, a wrongful death case hinges on legal accountability. It is not just about whether a death occurred, but whether a person, business, property owner, employer, healthcare provider, or other entity can be held legally responsible for causing it.
Fatal Accidents and Incidents That May Lead to a Wrongful Death Claim in Folsom
Wrongful death cases in Folsom aren’t limited to fatal car crashes. Although traffic accidents are a common cause, wrongful death claims can arise from various types of negligence or wrongful acts. In Folsom, this might include road collisions, hazardous property conditions, water-related accidents, harmful products, or negligent medical treatment. The key legal issue is whether another person, business, or entity can be held liable for causing the death. Examples where wrongful death laws may apply include:
- Transportation-related deaths involving cars, trucks, motorcycles, bicycles, pedestrians, or aircraft
- Premises liability cases due to unsafe property conditions, falls, fires, or poor maintenance
- Negligent security incidents, such as fatal assaults on commercial or residential properties
- Drownings in pools, lakes, boating areas, or other unsafe water environments
- Medical negligence, including errors in hospitals, surgeries, or medication
- Dangerous or defective products, such as vehicle defects, machinery failures, and unsafe consumer items
- Work-related fatalities caused by negligent third parties, defective equipment, toxic exposure, electrocution, falling, or unsafe construction sites
- Fatal injuries resulting from violent or intentional acts, where a civil wrongful death claim can be filed along with a criminal case.
While not every fatal incident results in a wrongful death claim, if someone’s negligence, recklessness, or wrongful conduct led to the loss of a loved one, surviving family members may have the opportunity to pursue legal action in California.
Who Can File a Wrongful Death Lawsuit?
California does not give every relative the right to file a wrongful death claim. In most cases, that right belongs to the surviving spouse or registered domestic partner and the decedent’s children. If one of the decedent’s children has already died, that child’s children may also have a right to be part of the case.
If there are no surviving children, other relatives who would inherit under California law may qualify. The law also includes some people who depended financially on the deceased, such as certain stepchildren, parents, a person who honestly believed they were legally married to the deceased, and, in some cases, a minor who lived in the home and relied on the deceased for support.
Families often assume any close relative can file the case alone. That is not always how California law works. An attorney knowledgeable about wrongful death laws should properly set up the case from the beginning to ensure the correct parties are included and prevent disputes over the right to sue.
The Difference Between Wrongful Death Claims and Survival Actions
A wrongful death claim is brought by family members for the losses they suffer after a loved one’s death. A survival action is different. It continues the claim the deceased could have brought if they had lived, usually through the estate or another proper representative. California law allows both claims to be brought in the same case.
In general, a wrongful death claim focuses on the family’s losses, such as lost financial support and the loss of companionship. A survival action focuses on losses tied to what the deceased experienced before death, such as medical bills and other damages permitted under California law, although California law limits what may be recovered in many cases.
A wrongful death case cannot undo what happened, but it can help the survivors of wrongful death victims pursue accountability and recover the losses California law allows. Speak with one of our experienced wrongful death lawyers to receive compassionate, informed legal guidance.
What Damages May Be Available in a California Wrongful Death Case?
In a California wrongful death case, damages are meant to address what the surviving family has lost because of the death. That can include the financial support the deceased would have provided, funeral and burial expenses, the loss of gifts or benefits the family would likely have received, and the value of household services the deceased would have provided. California law also allows recovery for the loss of love, companionship, comfort, care, assistance, protection, affection, society, and moral support. In the right case, it may also include the loss of training and guidance.
A wrongful death case is not limited to bills and income. It may also account for the loss of the relationship itself and the role the deceased held in the family. At the same time, California’s jury instruction says wrongful death damages do not include the family’s grief, sorrow, or mental anguish, and they do not include the deceased person’s pain and suffering.
How Long Do You Have to File a Wrongful Death Lawsuit in California?
Under section 335.1 of the California Code of Civil Procedure, most wrongful death lawsuits must be filed within two years of the death. However, this deadline can vary depending on the circumstances of your loved one’s passing. For instance, if medical negligence is involved, the time limit might be shorter or calculated differently.
When a government agency is part of the case, the process is different. In many wrongful death cases, a claim must be presented to the public entity first, usually within six months of the death. Where the claim goes depends on the agency involved. Claims against the State of California generally go through the Government Claims Program, while claims against a city, county, or other local public entity are usually presented directly to that entity.
If the claim is rejected, the deadline to file a lawsuit is generally six months from the date the rejection notice is mailed or personally delivered. These rules may apply when a death is tied to public property, unsafe roads, government vehicles, or public employees.
Call and Talk with a Qualified Wrongful Death Lawyer Today
If someone else’s negligence took the life of your loved one, contact Child & Jackson today. A Folsom wrongful death lawyer can review what happened, explain your legal options, and work to account for every loss your family has suffered.
Call or contact us online today for a free consultation.
Frequently Asked Questions About Car Accidents in Folsom
Do all eligible family members have to join the same wrongful death lawsuit?
Usually, yes. California generally treats wrongful death as a single action for all eligible heirs, rather than a series of separate lawsuits. If a known heir does not want to join as a plaintiff, that person may sometimes still be named in the case so the court can resolve everyone’s rights together.
What if my loved one was partly at fault for the accident?
That does not automatically end the case. California follows pure comparative fault, which means recovery may be reduced by the percentage of fault assigned to the person who died rather than being barred altogether.
How is a wrongful death recovery divided if more than one family member is involved?
If the case goes to trial, the jury may award one total amount for all eligible family members. The court can then decide how that amount should be divided. If the case settles, family members may agree on how to split the recovery. If they cannot agree, the court may have to decide.
Can there still be a wrongful death claim if my loved one did not earn wages?
Yes. A wrongful death case is not limited to lost income. California law also recognizes losses such as funeral expenses, household services, and the loss of love, companionship, care, assistance, protection, and moral support.