Wrongful Death Attorney in Sacramento

A wrongful death lawsuit is a type of personal injury lawsuit that is brought on behalf of a deceased party as opposed to being filed by an injured person. California’s wrongful death statute can be found in Section 377.60 of the California Code of Civil Procedure. In Sacramento, CA, wrongful death lawsuits are filed by surviving family members or a personal representative of the deceased’s estate. Below, we will go into more detail and discuss commonly asked questions concerning California’s wrongful death statute.

What is a Wrongful Death Lawsuit in California?

When one individual’s or company’s actions result in the death of another person, surviving family members may file a wrongful death lawsuit against the negligent party. To prove negligence, the plaintiffs must show that it is more likely than not that the defendant breached a duty of care owed to members of the general public. As an example, if a dangerous or defective product such as prescription drug causes serious medical complications that results in death, the surviving family members may file a lawsuit against the company that manufactured the drug. Drunk driving accidents also often result in a wrongful death lawsuit against the drunk driver.

Who can File a Sacramento Wrongful Death Lawsuit?

In most cases, any surviving family member or any personal representative of the deceased’s estate can file a wrongful death lawsuit against a negligent party. Additionally, any individual who was dependent on the deceased for income, resources, or help can file a claim for damages in a wrongful death lawsuit. In California, domestic partners who are not necessarily married to the deceased can also file wrongful death lawsuits. As a technical point, anyone who is entitled to the deceased’s property under the laws of intestate successful can file a wrongful death lawsuit. If you are not sure whether you qualify, please give us a call at the Wyatt Law Corporation and we’ll advise you.

What Type of Compensation can Family Members Receive in a Wrongful Death Lawsuit?

As with most things in law, the answer is “It depends.”

In a wrongful death lawsuit, there are two types of money damages that can be awarded to either family members or directly to the victim’s estate. The victim’s estate can be compensated for lost wages, medical expenses, burial arrangements, and their own pain and suffering as it relates to the circumstances that caused their death.

Spouses are entitled to recover damages for their emotional grief, loss of financial support, and loss of consortium. Children are entitled to recover damages related to their emotional grief and minor children who are still claimed as dependents are entitled to loss of financial support. Children are also entitled to recover damages related to the loss of moral guidance.

Parents are entitled to recover damages related to their own grief at the loss of a child.

Other family members may be limited in what kinds of noneconomic damages they are entitled to recover. A determination will need to be made as to how close siblings, cousins, or other family members were to the deceased. If family members had a claim on the deceased’s estate, they can recover damages related to the estate’s lost value.

Is There a Cap on Wrongful Death Damages in Sacramento?

There is a cap on damages as they relate to noneconomic damages in medical malpractice lawsuits. Noneconomic damages include pain and suffering damages, emotional grief, loss of consortium, loss of moral guidance, and other claims that are not easily quantified.

There is no cap on any other type of wrongful death claim.

What is the Statute of Limitations on a Wrongful Death Claim?

The statute of limitations on wrongful death claims in California is two years. That means that the family has two years from the date of their loved one’s death to file a wrongful death lawsuit. After that, they lose their opportunity unless some extenuating circumstance is present to warrant the delay.

Statutes of limitations can be tricky in some circumstances. So even if more than two years have passed, please give us a call so we can discuss your specific situation with you.

What are the Different Types of Wrongful Death Actions?

Wrongful death actions can be divided into wrongful death claims and survival actions in California. Often, these are filed together. Survival actions are meant to compensate the victim’s estate as opposed to the surviving family members. Your wrongful death attorney can discuss this with you in more detail.

What are Some Examples of Wrongful Death Lawsuits?

• Car accidents – If one individual kills another in a car accident, the family may pursue damages both directly against the negligent driver and their insurance policy. This includes accidents that involve drunk drivers. The Wyatt Law Corporation lawyers are experts at dealing with car accident cases and we will advise you regarding your situation.
• Defective product lawsuits – If a dangerous or defective product contributes to the death of an individual, the family may pursue a lawsuit against the company that manufactured the product. Claims against cigarette and e-cigarette companies are an example of this type of lawsuit.
• Medical malpractice lawsuits – If a doctor is negligent in the performance of his or her duties, and that negligence results in the death of one of their patients, family members may file a wrongful death lawsuit against the doctor. Damages in such cases are capped at $250,000. The Wyatt Law Corp attorneys do not handle Medical Malpractice cases, so please contact us for a referral for these type of cases.
• Dog bite lawsuits – Rare, maybe, but sometimes dog bites result in death. When that happens, the family can sue the owner of the dangerous dog.
• Premises liability – While the vast majority of slip and fall accidents do not result in death, other premises liability claims such as a dangerous condition left unattended on the premises or a negligent security lawsuit may involve a wrongful death claim.
• Intentional torts – Families can file lawsuits against negligent parties in the event of a careless accident, but they can also file wrongful death lawsuits against murderers whose direct malice resulted in a wrongful death.
• Work-related deaths – In some cases, families of California workers may sue the employer of their loved one if they are killed on the job or a responsible third party. In other cases, the claim will be handled by California’s workers’ compensation program.

Find a Sacramento Wrongful Death Attorney in California

The Wyatt Law Corp. assists grieving families who believe that another’s negligence or malice directly resulted in the death of their loved one. If you have lost a loved on to carelessness, recklessness, or malice, our attorneys will assist you through every stage of the legal process. This includes filing the lawsuit on your behalf and getting the evidence we need to prove it before a jury. Talk to us today for a free consultation.