Sacramento Wrongful Death Lawyers
Fatal Accident Resulting In a Wrongful DeathNothing 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.
What is a Wrongful Death Claim?
Under California Code of Civil Procedure section 377.60, the surviving family members of an individual killed due to the negligent or wrongful actions of another may hold the responsible party accountable for various damages. However, only specific beneficiaries of the deceased may be eligible to file a wrongful death claim, including:
- Surviving spouse and children
- Parents, siblings, children of deceased siblings, and grandparents, and other lineal descendants
- Putative spouse (spouse that believes in good faith he or she was married to the deceased), their children, or stepchildren
- Representative of the deceased’s estate
It is not uncommon for multiple claimants to come forward in a wrongful death case, but how the recovered damages will be divided is determined by the involved parties, not the court.Read Wrongful Death FAQs
What Types of Damages are Recoverable in Wrongful Death?
The economic and non-economic damages that may be recovered in a wrongful death case will depend on the circumstances of the death, such as the type of accident, the extent of the damages, and the responsible party’s degree of fault.
It may be possible to recover the following types of damages:
- Funeral/burial expenses
- Medical costs
- Loss of household support
- Loss of deceased’s income
- Loss of benefits
- Loss of child-rearing support
- Pain and suffering
- Mental anguish
How Soon Should You File a Wrongful Death Claim?
In order to protect your right to obtain significant compensation, it is crucial to contact an attorney as soon as possible. In most cases, the statute of limitations is within two years of the fatal injury or death. However, if the wrongful death claim is the result of medical malpractice, the deadline may be extended to three years after the discovery of medical negligence. If a government agency is at-fault, the deadline may be as short as six months. Do not wait to begin the claims process because you may inadvertently forfeit your right to recover damages altogether.
Contact a Northern California Wrongful Death Attorney
If you have recently lost a loved one in a fatal accident due to another’s recklessness or wrongdoing, recovering from such an unexpected loss may seem impossible. Taking legal action may not erase the damage, but it can go a long way toward easing the financial burdens that may interfere with your ability to grieve and recover. The compassionate wrongful death attorneys at Demas Law Group have the experience necessary to help you obtain the rightful compensation you need and deserve.