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.

Posted in: Wrongful Death