Wrongful Death Attorney
Losing a loved one is a profound and life-altering experience. It can leave you grappling with pain and uncertainty, making closure seem like an elusive goal. If you find yourself facing the heartbreaking circumstances of wrongful death in Sacramento, California, know that you don’t have to navigate this difficult journey alone.
At our firm, we understand the complexities of such situations. We’re here to offer support and guidance, helping you take steps towards finding closure and justice for your loved one. One avenue to explore is pursuing a wrongful death claim against those responsible. While no amount of financial compensation can ever replace the void left by a lost loved one, it can provide some relief from the unexpected financial burdens that often accompany such a loss.
Yet, we recognize that dealing with a wrongful death case is not just about legal matters—it’s about navigating through profound emotional turmoil. In addition to the practicalities of estate closure and other end-of-life responsibilities, there’s the added weight of understanding the statute of limitations and establishing negligence if legal action is pursued.
Reach out now to Personal Injury Attorney Caryn Warren for a compassionate ear and expert guidance. Call 916-903-3914 to schedule a complimentary consultation at our Sacramento Law Office and let us help you navigate this challenging time.
Wrongful Death FAQ
California has a two-year statute of limitations for most wrongful death claims, so it’s important to consult with an attorney to protect your family’s legal rights. When you contact The Warren Law Office we make it a priority to communicate with you about the case details as they unfold and ensure that your questions are answered. We are here to help.
A wrongful death claim is a civil action brought by the surviving family members or beneficiaries of a deceased individual against the party or parties believed to be responsible for the death.
The purpose of a wrongful death claim is to seek compensation for the losses suffered by the surviving family members or beneficiaries as a result of the death.
Damages in a wrongful death claim typically include compensation for financial losses such as lost income, medical expenses, funeral expenses, as well as non-economic losses such as loss of companionship, guidance, and support.
Wrongful death claims are governed by statutes that vary from state to state, outlining who is eligible to bring the claim and what types of damages can be recovered.
A survival action is a legal proceeding that allows the estate of a deceased person to pursue a claim that the deceased could have brought if they had survived.
Unlike a wrongful death claim, which compensates surviving family members for their own losses resulting from the death, a survival action compensates the estate for losses incurred by the deceased prior to death.
These losses may include pain and suffering, medical expenses, lost wages, and other damages the deceased suffered as a result of the negligent or wrongful conduct that led to their death.
The damages recovered in a survival action become part of the deceased person’s estate and are distributed according to their will or the laws of intestate succession if there is no will.
Survival actions are based on the principle that a person’s right to bring a legal claim survives their death and can be pursued on their behalf by their estate.
In a wrongful death claim, the burden of proof typically lies with the plaintiff, who must demonstrate that the death occurred as a result of someone else’s negligence, intentional act, or a defective product. To establish a successful wrongful death claim, the following types of evidence are often crucial:
Documentation of Negligence or Wrongful Act: This can include police reports, accident reports, eyewitness statements, or any other evidence that shows how the death occurred due to someone else’s actions or negligence.
Medical Records: Medical records detailing the cause of death and any treatment received leading up to the fatal incident can be vital in proving the connection between the negligent act and the death.
Expert Testimony: Expert witnesses, such as medical professionals, accident reconstruction specialists, or engineers, may provide testimony to explain the circumstances of the death and establish a causal link between the defendant’s actions and the fatal outcome.
Financial Records: Documentation of the deceased person’s financial contributions to their family, including income, benefits, and other forms of support, can help quantify the economic damages suffered by the survivors as a result of the death.
Witness Testimony: Testimony from witnesses who saw the incident or can attest to the negligence or wrongful act that led to the death can strengthen the case.
Photographs or Video Evidence: Visual evidence, such as photographs or video recordings of the scene of the incident, injuries sustained, or the conditions that led to the death, can provide compelling support for the claim.
Employment Records: Employment records may be used to establish the deceased person’s occupation, salary, and potential future earnings, which can be relevant in calculating damages.
Documentation of Losses: Evidence of the emotional and financial losses suffered by the surviving family members, including funeral expenses, loss of companionship, and emotional distress, may be required to determine the appropriate compensation.
It’s essential to consult with legal professionals experienced in wrongful death cases to understand the specific evidence requirements and legal procedures in your jurisdiction. Each case is unique, and the evidence needed can vary depending on the circumstances surrounding the death and the applicable laws.