Sacramento Wrongful Death Lawyer

Losing a loved one in a wrongful death is a heart-wrenching experience for any family. Many will often feel like they are filled with grief, anger, and confusion simultaneously, making it difficult for them to cope and navigate a heavy loss. Not only that, but financial hardships may also emerge due to damages, like medical bills, burial expenses, and potential loss of income.

Family members who have been affected by a wrongful death can seek legal assistance from professionals who specialize in handling such cases. At West Coast Trial Lawyers, our Sacramento wrongful death lawyers can help you understand your rights, guide you through the complex legal process, and get you the financial support you deserve while you focus on healing and cherishing the memories you shared with your loved one without any added stress.

We are a law firm that specializes in personal injury law and with over 20 years of experience, our team of attorneys handle every case with the care and respect that it deserves. No matter how the wrongful death has occurred, our attorneys will go over every detail and will do everything in their power to ensure you and your family are properly compensated for the unfortunate passing of a loved one.

We run on a contingency-fee basis, meaning that you owe us nothing until we settle your case. To schedule a FREE consultation, you can reach out to our 24/7 legal team by calling (213) 927-3700 or filling out our convenient online contact form.

What Is a Wrongful Death Lawsuit?

A wrongful death lawsuit is a legal claim brought when a person dies due to someone else’s wrongful act. This can include a victim sustaining fatal injuries in an unexpected accident to being involved in a fatal accident from the beginning. According to section 377.60 of California Code of Civil Procedure, they are classified under personal injury law due to the number of factors that can lead up to a wrongful death. The purpose of this classification is to allow the surviving family members or the decedent’s estate to seek compensation for negligence/recklessness of the responsible party. 

Types of Wrongful Death Claims

Wrongful death claims can be filed due to various circumstances, each involving its own unique causes. The sections below will go over common scenarios that often lead to family members pursuing this type of lawsuit.

Car Accidents

A negligent driver who causes a fatal car accident can face serious legal repercussions by the deceased person’s estate or surviving family members. Common forms of reckless behavior that can contribute to car accidents include the following:

• Distracted driving
• Driving while under the influence
• Speeding

Product Liability

Product liability can contribute to wrongful death claims, particularly when an individual passes away due to a defective or hazardous product. For instance, a defective brake system can prevent a driver from stopping in a timely manner, and as a result, can cause a fatal accident.

Premises Liability

Property owners must provide safe conditions for visitors to enter. Failing to fulfill such obligations could cause injuries, or even death. Below are some common premises liability issues that could possibly cause fatal accidents:

• Uneven flooring
• Slippery surfaces
• Loose carpeting
• Dim lighting

Who Can Be Held Accountable in a Wrongful Death Case?

Liability in a wrongful death case will differ due to the unique challenges involved in each situation. In order to prove that a wrongful death has occurred, the plaintiff must show convincing proof that the defendant has breached their duty of care or showcased gross negligence, which ultimately led to the death of their loved one. In order to hold someone accountable for a wrongful death you should acquire as much evidence as you can and present it to a legal representative for further assistance. 

At West Coast Trial Lawyers, our skilled Sacramento wrongful death lawyers will review the information provided and identify the responsible party. From there, we will protect your rights and advocate on your behalf to ensure you acquire the justice and compensation you deserve.

Possible defendants in a wrongful death case may include the following:

• Drivers
• Property owners
• Product manufacturers
• Retailers and distributors
• Government entities
• Property management companies

How to File a Wrongful Death Lawsuit

Filing a wrongful death suit is a big step towards seeking compensation for the loss of a loved one. This process will allow family members to hold responsible parties accountable for their wrongful acts. Understanding the following steps when filing such a claim is important to ensure you effectively navigate yourself through this difficult journey.

Determine Eligibility

Under California law, specific individuals who are eligible to file a wrongful death lawsuit include:

• Surviving spouse
• Children of the deceased person
• Grandchildren of the deceased person
• Anyone who is entitled to the deceased’s property by intestate succession

In addition, the representative of the victim’s estate can also sue to seek damage if no one else is available to file the claim.

Hire a Sacramento Wrongful Death Lawyer

Hiring a Sacramento wrongful death lawyer can give you a smoother experience with the entirety of the lawsuit. At West Coast Trial Lawyers, our team will:

• Evaluate the information provided
• Initiate an investigation 
• Identify the responsible party
• Negotiate a reasonable settlement 

We are readily available to provide support to those who have suffered the loss of a beloved family member.

Investigate and Gather Evidence

You should try to gather as much evidence as you can. Be sure to incorporate the following factors into your wrongful death suit:

• Police or accident reports
• Witness information
• The decedent’s medical records and death certificate

Establish Liability

Proving negligence is important in a wrongful death claim. Your legal representative will help demonstrate the following elements:

• The defendant owed the victim a duty of care
• The defendant breached their duty of care
• Their reckless behavior primarily caused the victim’s passing
• Surviving family members experienced financial and emotional hardships, like funeral expenses and loss of financial support, soon after the victim’s death

File a Wrongful Death Lawsuit

Once you have all the information you need, your wrongful death lawyer will prepare and file the claim with the appropriate court. The defendant will need to be notified about the claim in order for them to have an opportunity to respond.

What Is the One Action Rule for Wrongful Death in California?

In California, the one-action rule is a legal principle that applies to wrongful death cases. It states that such a claim can only be sought out once for a single incident resulting in death. So, any damages caused by the victims’ passing must be mentioned all together. This is done to prevent multiple submissions from delaying the legal process.

Who Gets the Money in a Wrongful Death Lawsuit?

The distribution of money in a wrongful death suit depends on several factors, like:

• Where the case was filed
• Unique challenges involved
• The designated beneficiaries

Typically, the immediate family members, like the spouse or children, are the primary beneficiary and are given a substantial portion of the settlement. Children, in particular, may receive a share through a guardian or trustee until they are adults. Parents may also be entitled to compensation if the deceased person does not have a spouse or children. In some cases, siblings or relatives who were financially dependent on the victim may be eligible to acquire a certain portion of pay.

What Is the Statute of Limitations for Wrongful Death in Sacramento?

In Sacramento, the statute of limitations to file a wrongful death suit is two years from the date of the person’s death. However, if the claim is made against a government entity, you must have it submitted within six months of the death. 

Be sure to acquire as much evidence as you can and hire an experienced wrongful death attorney to better your likelihood of acquiring fair compensation. If you exceed the deadline, you will lose your opportunity to seek compensation.

How Long Does a Wrongful Death Lawsuit Take?

The timeline for a wrongful death lawsuit will differ depending on the case’s complexity and the evidence provided. Typically, it can take several months to a few years to have the situation resolved.

Let’s explore each stage of a wrongful death case and what unique factors can affect its timing.

• Gathering evidence, determining the responsible party, and filing a lawsuit can take months to complete.
• The discovery process may be lengthy as both sides will need to exchange information and involve expert witnesses. This stage can range between 6 months to one year.
• Negotiations done outside of court can help you avoid a lengthy trial. But, if no agreements are made, the case will head to litigation. A settlement can be reached in months, but others could take years.
• If an appeal is made, it can delay the legal process.

What Damages Are Available for Wrongful Death?

Available damages for a wrongful death will differ for each case. The court will go over the information presented and determine what compensation should be distributed based on the deceased person’s:

• Income
• Life expectancy
• Potential future earnings
• Household services
• Medical care
• Burial expenses

In addition, the court will examine the relationship between the deceased and their surviving family members to understand the impact of the loss. In rare cases, if there was gross negligence or intentional acts involved, the court may grant punitive damages to punish the defendant. This is generally addressed through a survival action that is filed by the deceased person’s estate.

To know what compensation you could be entitled to, you can use our personal injury settlement calculator by entering the expenses you incurred after your family member’s passing.

Common types of damages that may be given in a wrongful death claim include the following:

• Funeral and burial costs
• Medical bills
• Lost wages
• Emotional distress
• Loss of financial support
• Loss of consortium

Our Sacramento Wrongful Death Attorneys Are Here to Help

The unimaginable tragedy of a loved one’s death caused by someone else’s negligence can be overwhelming to process. At West Coast Trial Lawyers, we recognize the impact of such a loss, and are here to support you during this difficult time in your life. With over 20 years of experience, our team of attorneys handle every case with the utmost care and respect that it deserves. You can trust us to take care of every aspect of your case with professionalism and care, allowing you to have time to grieve and honor your loved one’s memory. As wrongful death cases can be a confusing and emotional period in your life, should you have any questions or concerns regarding your case, our 24/7 legal team is available to go over them with you.

To schedule a FREE consultation with a Sacramento wrongful death attorney, you can contact our 24/7 legal team by calling (213) 927-3700 or completing our quick online contact form.