What is the basis of a wrongful death claim in Sacramento?

When someone dies due to the fault of another person or entity, the survivors of the victim may be able to bring a wrongful death claim in pursuit of compensation for the survivors’ damages, such as funeral expenses, lost earnings from the deceased, and lost companionship.

  • Wrongful death claims can also be made against:
  • Public agencies
  • Cities or the state
  • A city jail or a state prison
  • A state-run or private hospital
  • Public companies
  • Nursing homes or other care facilities

The standard of proof that any of the above caused the death of a person must be shown by what is called a preponderance of the evidence as opposed to beyond a reasonable doubt, as is the case in a criminal lawsuit.

Extremely negligent acts that result in someone’s death can be used as grounds to file a Sacramento wrongful death lawsuit. Similarly, if the victim’s death was the direct result of a deliberate act, this, too, constitutes grounds for filing a claim. In some instances, a wrongful death lawsuit is the only opportunity for families and dependents to seek restitution, since a company, city or the State of California cannot be charged with murder.