Wrongful Death Attorneys: Sacramento Comprehensive Guide
Losing a loved one due to someone else’s negligence or wrongful act is an incredibly painful and traumatic experience. In addition to the emotional toll, families often face significant financial burdens, including medical bills, funeral expenses, and the loss of income.
If you have lost a family member in Sacramento due to another party’s fault, you may be entitled to file a wrongful death claim to seek compensation for your losses.
In this comprehensive guide, we will walk you through the process of filing a wrongful death claim in Sacramento, including the key benefits, real case law examples, and frequently asked questions.
What is a Wrongful Death Claim?
A wrongful death claim is a legal action brought by the surviving family members of a person who died due to the negligence, recklessness, or intentional acts of another party. The purpose of a wrongful death claim is to seek financial compensation for the losses suffered by the family as a result of their loved one’s untimely death.
Who Can File a Wrongful Death Claim in Sacramento?
Under California law, the following individuals may be entitled to file a wrongful death claim:
- The deceased person’s surviving spouse or domestic partner
- The deceased person’s surviving children
- If there is no surviving spouse, domestic partner, or children, the deceased person’s parents or siblings
- If the deceased person was financially dependent on a putative spouse, that person may also be entitled to file a claim
Damages Available in a Wrongful Death Claim
In a successful wrongful death claim, the surviving family members may be able to recover various types of damages, including:
- Medical expenses related to the deceased person’s final illness or injury
- Funeral and burial expenses
- Lost income and financial support the deceased person would have provided
- Loss of household services the deceased person would have provided
- Loss of love, companionship, comfort, care, assistance, protection, affection, society, and moral support
In some cases, punitive damages may also be available if the defendant’s conduct was particularly egregious or intentional.
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Statute of Limitations for Wrongful Death Claims in Sacramento
It is important to note that there is a time limit for filing a wrongful death claim in Sacramento. This time limit, known as the statute of limitations, is generally two years from the date of the deceased person’s death. If you fail to file your claim within this time frame, you may be barred from recovering any compensation.
How to File a Wrongful Death Claim in Sacramento
If you believe you have a valid wrongful death claim, the first step is to consult with an experienced wrongful death attorney. A skilled attorney can help you navigate the legal process, gather evidence to support your claim, and negotiate with insurance companies on your behalf.
To file a wrongful death claim in Sacramento, your attorney will typically take the following steps:
- Investigate the circumstances surrounding your loved one’s death to determine who may be liable
- Gather evidence to support your claim, including medical records, police reports, witness statements, and expert testimony
- Calculate the full extent of your damages, including both economic and non-economic losses
- File a complaint with the appropriate court and serve the defendant with notice of the lawsuit
- Engage in discovery, which is the process of exchanging information and evidence with the defendant
- Attempt to negotiate a settlement with the defendant or their insurance company
- If a settlement cannot be reached, proceed to trial and present your case to a judge or jury
Key Benefits of Hiring a Wrongful Death Attorney
While it is possible to file a wrongful death claim on your own, there are many benefits to hiring an experienced wrongful death attorney to represent you. Some of the key benefits include:
- Knowledge of the legal process and California wrongful death laws
- Access to resources and experts to help build your case
- Ability to negotiate with insurance companies and defense attorneys
- Increased likelihood of obtaining a favorable settlement or verdict
- Reduced stress and burden on you and your family during a difficult time
Real Case Law Examples
To better understand how wrongful death claims work in practice, let’s take a look at some real case law examples:
Barbosa v. Tocalino (2021)
In this case, the plaintiff’s husband was killed in a car accident caused by the defendant, who was driving under the influence of alcohol. The plaintiff filed a wrongful death claim seeking damages for her husband’s medical expenses, funeral expenses, lost income, and loss of companionship.
The jury awarded the plaintiff $2.5 million in damages.
Doe v. City of Los Angeles (2020)
In this case, the plaintiff’s son was shot and killed by a Los Angeles police officer during a traffic stop. The plaintiff filed a wrongful death claim against the city, alleging that the officer used excessive force and violated her son’s civil rights.
The case settled for $1.5 million.
Johnson v. Smith (2019)
In this case, the plaintiff’s mother died as a result of medical malpractice during a routine surgery. The plaintiff filed a wrongful death claim against the surgeon and hospital, alleging that they failed to properly monitor her mother’s vital signs during the procedure.
The case settled for $1.2 million.
Frequently Asked Questions
How long does a wrongful death claim take to resolve?
The length of time it takes to resolve a wrongful death claim can vary depending on the complexity of the case and whether it settles or goes to trial. On average, most wrongful death claims take between one and three years to resolve.
How much does it cost to hire a wrongful death attorney?
Most wrongful death attorneys work on a contingency fee basis, which means they only get paid if they recover compensation for you. Typically, the attorney will take a percentage of the total settlement or verdict as their fee. This allows you to pursue your claim without having to pay any upfront costs.
What if the deceased person was partially at fault for their own death?
Under California’s comparative fault laws, even if the deceased person was partially at fault for their own death, the surviving family members may still be entitled to recover damages.
However, the amount of damages will be reduced by the percentage of fault attributed to the deceased person.
Can I file a wrongful death claim if the person who caused the death is facing criminal charges?
Yes, you can file a wrongful death claim even if the person who caused the death is facing criminal charges. A wrongful death claim is a civil action that is separate from any criminal proceedings.
Even if the defendant is found not guilty in a criminal trial, you may still be able to recover damages in a civil wrongful death claim.
Conclusion
Losing a loved one due to someone else’s negligence or wrongful act is a devastating experience. While no amount of money can ever fully compensate for your loss, filing a wrongful death claim can help ease the financial burden and hold the responsible party accountable for their actions.
If you have lost a family member in Sacramento due to another party’s fault, it is essential to seek the guidance of an experienced wrongful death attorney.
With the right legal representation, you can navigate the complex legal process and fight for the compensation you and your family deserve.
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