Sacramento Wrongful Death Lawyers CA

What is a Wrongful Death Claim?

If an individual dies because of the reckless actions of another party, a wrongful death claim can be filed to recover compensation for the damages and losses that were suffered due to the accident.

A wrongful death may occur in a number of ways, such as car accidents, motorcycle accidents, truck accidents, and more. If the victim’s family is unable to reach an agreement with the responsible party’s insurance company, they may file a wrongful death lawsuit.

The defendant (the at-fault party) may be required to pay financial damages if the personal injury claim is successful. These monetary damages can cover medical expenses, burial costs, loss of consortium, loss of income, and more.

A valid wrongful death claim may be filed if it is proven that the death was caused by negligence on the part of the defendant. If you believe your loved one’s death was the result of negligence, an experienced attorney specializing in wrongful death claims will know how to build a strong case against the party responsible. Therefore it is in your best interest to obtain a Sacramento wrongful death lawyer to help guide you and your family through the legal process of the claim.

Who Can File a Wrongful Death Claim?

The California Civil Procedure Code 377.60 states that the family members or representatives of a wrongful death victim are allowed to file a claim, such as as the following parties:

• Deceased’s surviving spouse
• Deceased’s domestic partner
• Deceased’s surviving children

If the deceased has no surviving legal heirs, a wrongful death claim may be filed by the party who would inherit the deceased’s property. Individuals related to the deceased such as their parents or siblings, may be eligible to file a wrongful death claim depending on who is still alive at the time of the death.

Parties that are financially dependent on the wrongful death victim may also be eligible to file a claim, such as:

• Deceased’s “putative spouse” and children
• Deceased’s stepchildren
• Deceased’s parents

Requirements to File a Wrongful Death Claim

As previously mentioned, the plaintiff (family of the deceased) in a wrongful death claim must prove that the death of their loved one was caused by the negligent actions of another party.

The following must be proven to show that a wrongful death has indeed occurred:

• The defendant acted recklessly or conducted negligent actions
• These negligent actions directly caused the death of a victim
• The surviving family member are legitimate heirs of the victim’s estate
• These surviving family members have suffered a tangible loss due to the death of the victim

The death of a loved one is a difficult time, and handling a wrongful death claim can add to the stress. Wrongful death cases require extensive legal knowledge and are often complex. A detailed investigation may be necessary to get the monetary compensation you deserve for your loved one’s injuries and property damage.

Common Accidents That Lead to a Wrongful Death

Common accidents that can lead to wrongful death include preventable accidents resulting from careless actions. Some of the most frequent types of accidents that may cause wrongful death are:

Defective Products

If a product is defective and causes someone to be seriously injured or die, this is considered wrongful death. Some examples of defective products that could cause wrongful death are poorly manufactured car parts, children’s toys, and hazardous materials that are not properly labeled.

Medical Malpractice

If a medical professional does not provide the proper level of care to a patient that they need, it could result in the death of that patient. This would be considered an act of medical malpractice.

Pedestrian Accidents

Pedestrians are more vulnerable to being struck by a car, because of their lack of protection. Unfortunately, accidents involving pedestrians are all too common, and they are often caused by reckless or careless driving. Speeding and driving while under the influence are two of the most frequent culprits.

Premises Liability

All property owners or managers have the duty of care to ensure that the premises are safe for all visitors. If their failure to ensure safety resulted in a wrongful death, they may be held liable for their damages.

Auto Accidents

Fatal car accidents are one of the most common causes of wrongful death. This type of accident can lead to severe injuries. The National Highway Traffic Safety Administration (NHTSA) reports that there was a 16-year high in traffic accidents in 2021, with about 42,915 individuals dying in these accidents. These accidents are caused by drivers who are not careful and do not act responsibly while driving.

Truck Accidents

When a large commercial truck is involved in an accident, the results are often fatal. According to the National Security Council (NSC), in 2020, large trucks were responsible for 9% of all fatal truck accidents, which totaled nearly 5,000 deaths. Of these deaths, 71% were occupants of other vehicles.

Nursing Home Abuse and Neglect

It was observed that a significant number of deaths during the pandemic were not caused by COVID-19, but rather due to neglect. Due to the frail state of many elderly, accidents such as falls due to negligence may cause fatal injuries. 

Compensatory Damages in a Wrongful Death Claim

The wrongful death of a loved one is a difficult experience for any family. Although no amount of money can make up for the loss, it may help with some of the financial losses.

The amount of compensation one may receive for a wrongful death claim may vary from case to case. However, the most common kind of economic and non-economic damages that may be awarded include:

• Medical bills incurred resulting from the accident
• Health care provider cost
• Burial expenses
• Funeral expenses
• Economic losses
• Loss of income or anticipated earnings of the deceased
• Loss of inheritance
• Mental anguish
• Emotional pain
• Loss of companionship
• Other economic damages resulting from the wrongful death
• And more

Why Should You Hire a Wrongful Death Lawyer?

Often, the deceased person’s family may believe it is best to manage a wrongful death claim on their own. However, this is not always the most effective course of action. Dealing with a wrongful death claim can be emotionally draining and difficult to handle.

You must protect your rights. In some cases, insurance companies may use this difficult period of time to their advantage. Insurance adjusters will use every trick in the book to lower the value of your claim.

At Farahi Law Firm, our experienced Sacramento wrongful death lawyers can help you through every step of your case. We will offer personalized legal services in order to help you recover the maximum compensation possible, such as:

• Successfully file your wrongful death claim within the statute of limitations
• Conduct a thorough investigation and accident reconstruction and collect pertinent evidence
• Establish liability for your loved one’s untimely death
• Deal with the defendant’s insurance adjuster on your behalf
• Fight aggressively for the maximum settlement amount
• Represent you in a trial if required

Expert Sacramento Wrongful Death Lawyers

The wrongful death lawyers at Farahi Law Firm, APC in Sacramento, understand how difficult it is to lose a loved one. We are dedicated to getting you the justice, legal action, and fair compensation that you deserve. While you and your family focus on healing, we will handle the legal aspects of the situation.

Our experienced team can help you through this difficult time and fight for the justice you deserve. We are dedicated to winning and have recovered millions of dollars for hundreds of clients.

We work on a contingency fee basis and offer a No Fee Guarantee. This means you won’t need to pay us a single cent unless we win. Do not hesitate to contact us at (916) 471-4797 for a free consultation.