Losing a loved one is one of the most painful experiences anyone can endure. When that loss is caused by someone else’s negligence, recklessness, or intentional actions, the grief can be even more devastating. In such cases, California law allows surviving family members to seek justice through a wrongful death claim.
At Flahavan Law in Santa Rosa, we understand the emotional and financial toll of an unexpected death. Our compassionate wrongful death attorneys are dedicated to helping families hold responsible parties accountable while securing the compensation they need to move forward.
What Is a Wrongful Death Claim?
A wrongful death claim is a civil lawsuit filed when someone dies due to the negligence, recklessness, or wrongful act of another person or entity. These claims seek financial compensation for the losses suffered by the deceased’s surviving family members.
Under California Code of Civil Procedure § 377.60, the following parties may file a wrongful death claim:
- The deceased’s spouse or domestic partner
- Children (including stepchildren if financially dependent)
- Parents (if they were financially dependent on the deceased)
- Any other individuals entitled to inherit under California’s intestate succession laws
Common Causes of Wrongful Death in Santa Rosa
Wrongful death can occur in various ways, including:
- Car Accidents: Negligent drivers, drunk driving, speeding, and reckless behavior often lead to fatal crashes. If a loved one died in a collision caused by another motorist, you may have a wrongful death claim.
- Medical Malpractice: Doctors, nurses, and hospitals must provide a reasonable standard of care. Surgical errors, misdiagnoses, medication mistakes, or neglect can result in wrongful death.
- Workplace Accidents: Construction sites, industrial workplaces, and even offices can be hazardous. Employers who fail to maintain safe conditions may be liable for fatal accidents.
- Defective Products: Faulty vehicles, dangerous pharmaceuticals, or defective machinery can lead to fatal injuries. Manufacturers and distributors may be held accountable.
- Pedestrian & Bicycle Accidents: Santa Rosa’s roads can be dangerous for walkers and cyclists. Drivers who fail to yield or follow traffic laws may cause fatal accidents.
- Premises Liability (Slip & Fall, Drowning, etc.): Property owners must maintain safe environments. Unsafe conditions like wet floors, poor lighting, or unfenced pools can lead to fatal accidents.
- Criminal Acts & Intentional Harm: Assault, violent crimes, or negligent security (such as in parking lots or apartment complexes) can result in wrongful death claims.
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Compensation Available in Wrongful Death Cases
A successful wrongful death claim can provide financial relief for:
- Funeral and burial expenses
- Medical bills related to the final injury or illness
- Lost wages and future earnings the deceased would have provided
- Loss of companionship, love, and support
- Pain and suffering endured by the deceased before passing
- Punitive damages (in cases of extreme negligence or intentional harm)
Why Choose Flahavan Law for Your Santa Rosa Wrongful Death Claim?
Losing a loved one is overwhelming, and pursuing legal action may feel daunting. At Flahavan Law, we provide compassionate yet aggressive representation to ensure your family receives justice and fair compensation.
Our Approach:
- Thorough Investigation – We gather evidence, consult experts, and reconstruct the incident to prove liability.
- Strong Negotiation – We fight for maximum compensation from insurance companies and at-fault parties.
- Trial-Ready Advocacy – If a fair settlement isn’t possible, we’re prepared to take your case to court.
- Personalized Support – We handle the legal burdens so you can focus on healing.
Time Limits for Filing a Wrongful Death Claim in California
California law imposes a two-year statute of limitations (CCP § 335.1) for wrongful death claims. Missing this deadline could forfeit your right to compensation. However, exceptions may apply in cases involving government entities or delayed discovery of negligence.