Santa Rosa Wrongful Death Attorney

Compassionate Legal Advocacy in California for Wrongful Death Cases

If you have recently lost a loved one, we at Abbey, Weitzenberg, Warren & Emery would like to offer our condolences. Losing someone close to you is a devastating experience, especially when that loss occurred suddenly and due to the negligence of someone else.

Our Santa Rosa wrongful death attorneys understand that this is a trying time for you and your family. We get that the last thing you want to do right now is take the necessary steps to pursue legal action, especially when you have so much else on your mind. Our law firm has been a trusted source of legal guidance for over 100 years—let our compassionate and accessible legal team handle your wrongful claim so you can spend this time with your family.

Call Abbey, Weitzenberg, Warren & Emery today at (707) 542-5050 or contact us online to schedule a meeting with our wrongful death attorney in Santa Rosa!

What Is Wrongful Death in California?

According to California Code of Civil Procedure § 377.60, a wrongful death claim is "a cause of action for the death of a person caused by the wrongful act or neglect of another may be asserted by any of the following persons or by the decedent's representative on their behalf."

To make a wrongful death claim, you must prove that:

• A person close to you has passed away
• Their death was caused either by someone's negligence or intent to do harm
• Their surviving family members are suffering financially as a result of the death

Wrongful death falls under the umbrella of personal injury in legal terms; therefore, these claims also tend to involve accidents such as car wrecks, slips and falls, medical malpractice, and nursing home abuse.

Eligibility to File a Wrongful Death Claim in Santa Rosa

Only members of the deceased's family can file a wrongful death claim on their behalf. This includes:

• The decedent's surviving spouse, domestic partner, children, and issue of deceased children or
• Any person, including the deceased's surviving spouse or domestic partner, who would be entitled to the property of the decedent by intestate succession

In other words, a person must be married to or be an immediate family member of the deceased to file a wrongful death claim in most cases. If you are unsure whether you can file on your loved one's behalf, contact a lawyer for help.

Statute of Limitations for Wrongful Death Claims in California

The wrongful death statute of limitations in California is two years. If you don't file a wrongful death claim within two years of your loved one's passing, the court will likely not hear your case. We understand that you may want some time to grieve and may be unprepared to start taking legal action immediately. We are here for you whenever you are ready.

Compensation for Wrongful Death in Santa Rosa

The damages available in a wrongful death claim will depend somewhat on the specific facts of your case. Your attorney will work with you to determine the value of the deceased's estate and how much compensation is adequate to cover your other losses.

Damages typically awarded for a wrongful death claim include:

• Medical expenses related to the care of the deceased before their death
• Funeral and burial expenses
• Compensation for earnings the deceased reasonably would have made had they remained alive
• Loss of financial support for the surviving family members
• Loss of companionship, affection, and guidance for the surviving family members
• The value of household services