Sacramento Wrongful Death Lawyers
Fatal Accident Resulting In a Wrongful Death
Nothing is more devastating than losing a loved one unexpectedly. When someone close to us is taken before their time, the shock and grief can be overwhelming. It is difficult to put a price on an unexpected loss. However, if it is the result of someone’s negligence, the law provides certain relatives the right to recover financial damages. Such legal actions are called wrongful death claims.
If you’ve recently lost a loved one in a fatal accident caused by someone else, taking legal action may be low on your priority list. At Demas Law Group, we encourage you to contact one of our experienced wrongful death attorneys as soon as you feel comfortable. Wrongful death cases can be extremely complex, so let our wrongful death attorneys help you through the process. Call us today at (888) 776-0977.
What is the Wrongful Death Statute in California?
According to California Code of Civil Procedure section 377.60, wrongful death is defined as “a cause of action for the death of a person caused by the wrongful act or neglect of another” which may be brought forward by certain dependents of the decedent or his or her personal representative.
Who Can File a Wrongful Death Suit in California?
In California, a wrongful death claim can be brought forward by the following parties, in order of priority according to the state’s civil laws:
1. Surviving spouse and children
2. Parents, siblings, children of deceased siblings, grandparents, and other lineal descendants
3. Putative spouses, their children, and stepchildren
4. Representative of the decedent’s estate
Multiple claimants may come forward; however, the division of the recovered damages must be determined by the involved parties, not the jury. If an agreement cannot be reached between the individual claimants, then additional litigation may be necessary, or the judge who presided over the original case may determine the division of the damages him/herself. Generally, it is advised that claimants reach an agreement themselves in order to avoid a costly, lengthy, and, for the most part, unnecessary legal process.
What Damages are Recoverable in Wrongful Death?
Depending on the circumstances of your wrongful death case, you may recover the following damages:
- Funeral/burial costs
- Medical expenses
- Loss of decedent’s income
- Loss of household support
- Loss of child-rearing support
- Loss of benefits
- Other economic losses
- Non-economic damages, such as pain and suffering and mental anguish
If you haven’t filed your wrongful death suit already, you should contact an attorney as soon as possible and have him or her help you bring the claim forward. The statute of limitations on your case may be as short as six months. Missing your case’s means being denied from recovering damages altogether. Prolonging the wait also means potentially losing out on vital evidence that may be needed to support your claim in the face of opposition. Be active and timely and get started on the claims process right away.
Helping You Navigate a Complex Legal Process
A wrongful death claim is far from a simple matter. You may need assistance from a dependable attorney in order to ensure you avoid the pitfalls of the legal process and get the compensation you deserve. The experienced Sacramento legal team at Demas Law Group will conduct a detailed analysis of your case, establish an accurate evaluation of involved damages, and fight back against the insurance company disputing your claim. To learn more about your rights and legal options in a no-cost case evaluation, contact us today.
Recent Wrongful Death Cases
$2.5 million verdict, wrongful death lawsuit for truck accident
When the parents of two sisters were killed in a wrongful death truck accident, Demas Law Group helped the sisters win a $2.5 million verdict at trial in Tuolumne County. Read more about the case here:
A nine-year-old in Sacramento was electrocuted to death by a faulty lamp post at a car wash. Demas Law Group helped her mother recover $1.3 million in damages. Read more about the case here.