Lost someone in Sacramento because of another person's carelessness? We handle the case so your family can grieve.

When our loved ones leave home in the morning, we often take it for granted that they will return safely. Unfortunately, sometimes they suffer grievous injuries because of someone else’s actions and they meet an untimely death. When this happens, families often turn to Sacramento Wrongful Death Lawyers to help them seek justice. Even though nothing can make things exactly as they were, the person responsible for their injuries should be held accountable for their actions.

UNDERSTANDING WRONGFUL DEATH

Under California’s laws, wrongful death is one that is caused by misconduct or negligence on the part of an individual or company. Even though all deaths are difficult to handle, it can be harder to come to terms with a death that was avoidable but-for the at-fault party’s negligence. The financial and emotional burden can also be overwhelming for survivors. However, seeking compensation through the insurance or court system can help the family to cope.

At TORKLAW, we believe that Sacramento residents need to know their legal rights so they can recover the damages that they are due. When survivors hire us, we do everything we can to get the maximum compensation. You never have to worry about paying us upfront since we offer a free initial consultation. If you decide to hire us, you only have to pay if we recover damages for you. Here are some of the things you need to know about wrongful death claims.

COMMON CAUSES OF WRONGFUL DEATH CLAIMS

Wrongful death claims may arise out of different types of accidents resulting in death. As a general rule of thumb, you can file a wrongful death claim if someone's negligence causes an accident that results in death. Here is a look at some of the most common causes of wrongful death claims:

• Traffic Accidents: These include any and all accidents that involve an automobile. If a loved one dies in a car accident, motorcycle accident, bicycle accident, pedestrian accident, truck accident, ATV crash or any other kind of accident involving an automobile, you may be able to file a wrongful death case. However, such cases are relatively rare in single-vehicle crashes where the clear negligence of the deceased causes the fatal crash.
• Workplace Accidents: If a person dies due to a workplace injury, the estate of the deceased can seek wrongful death damages. The claim becomes a little complicated in this case due to the workers’ compensation insurance. This is why it is vital to seek the advice of Boston wrongful death lawyers when filing a claim for workplace fatality.
• Premises Injuries: Premises injuries, including slip-and-fall accidents, that result in death may be due to the negligence of the owner of the premises. This is why it is possible to bring wrongful death lawsuits in such cases.
• Defective Products: It is the responsibility of the companies that are manufacturing, designing and marketing consumer products to ensure that they are safe. When they fail to do so and a defective product causes the death of someone, the company can be sued for damages.
• Medical Malpractice: Medical malpractice is when the negligence of a healthcare employee or entity, including a nurse or a doctor, results in the death of the patient. Malpractice cases can also be filed against the hospital or healthcare facility where the instance of negligence occurred.
• Construction Site Accidents: Accidents that occur on construction sites are often fatal. If you have a loved one who has suffered a similar tragedy, you are very likely eligible to file a wrongful death lawsuit over lack of adequate workplace safety measures.

DETERMINING LIABILITY IN A WRONGFUL DEATH CASE

Liability in wrongful death scenarios can be intricate. Responsible parties might be an individual, a corporation, a governmental entity, or a blend of these.

• Individuals: This encompasses drunk drivers, careless medical practitioners, or any person whose actions or inactions contributed to a demise.
• Companies: Manufacturers could be accountable if a defective product causes a death. Similarly, construction firms not upholding safety standards leading to fatal accidents might also be responsible.
• Governmental Agencies: If fatal incidents occur due to neglected roads or malfunctioning traffic signals, a government body could be implicated.

Having an astute Los Angeles Wrongful Death Lawyer to traverse these complex legal terrains is pivotal to holding all liable parties to account.

WHO CAN BRING A WRONGFUL DEATH LAWSUIT IN SACRAMENTO?

When a loved one passes away, many people are disparately affected. However, not everyone is legally entitled to file a wrongful death claim. The only people who can bring such action in Sacramento are the victims:

• Children
• Spouse
• Domestic partner

If the victim didn’t have any of these survivors, anyone else who would be entitled to their estate would have the right to file. For example, this could be the decedent's parents or siblings. Furthermore, spouses and stepchildren may also be able to file a claim if they can prove they were financial dependents of the deceased.

COMPENSATION AVAILABLE IN A WRONGFUL DEATH CASE

In addition to the shock and pain that’s occasioned by the loss of a loved one, survivors also experience financial losses as a result. This is especially so if the victim had direct dependents such as children. Each case is subject to its own peculiarities, but generally, family members can seek compensation for:

• Medical and funeral expenses
• Lost earnings and benefits the deceased would have rendered
• Loss of companionship, emotional support, and consortium
• Grief and trauma endured by the family
• Punitive damages (in cases of gross negligence or intentional action)

In each of these cases, you will need to present proof that you suffered these financial and emotional losses. If you hire an attorney, they will work closely with you to gather the necessary evidence and present it to the insurance company or courts. The sooner you get legal advice, the sooner you can get the case started and get the compensation you deserve.

CALIFORNIA’S STATUTE OF LIMITATIONS IN WRONGFUL DEATH CASES

You don’t have an indefinite period within which to file a wrongful death lawsuit. In most cases, you’ll have two years from the date of the fatal accident. However, if the case involves medical malpractice, you’ll have:

• Three years from the date your loved one was injured or;
• One year after the injury was discovered, whichever occurs first

If the case is against a government agency or office, you will have to file an administrative claim within six months. There may be other nuances to take into consideration, depending on the specifics of your case. That’s why you need to have support from Sacramento wrongful death lawyers. If you don’t file the lawsuit before the time runs out, you’ll lose the right to do so. If you really want to get the compensation you deserve, you should contact an attorney as soon as possible. They will advise you of all the timelines you must adhere to.

SETTLING A WRONGFUL DEATH LAWSUIT

Most wrongful death cases settle outside the courtroom. Typically, negotiation or mediation usually resolves the claim in the proponent's favor. However, sometimes the defendant or their insurance company disputes the liability or the cause of death, which may require additional litigation. In these cases, it is necessary to let a jury decide on the outcome. In either case, your attorney will collect as much information as possible to demonstrate how much the survivors have lost.

Often, families want to know how long it will take to finalize the case. The simple answer is “it depends.” If liability is clear, it will be easier to settle the claim. However, if there’s a dispute over whether an entity was negligent, the case will likely take longer. Also, determining all the economic losses the family suffered can take lots of time in some cases.  Your lawyer may need to hire experts to calculate how much the victim would have earned in their lifetime. In addition, a lot rides on how much insurance the at-fault party had. If the amount is small, the insurer is more likely to pay than if it’s a large sum.

This probably seems like a lot to handle. However, experienced Sacramento wrongful death lawyers know how to go about their job. Their focus will be on doing everything possible to help you get full compensation, even if it takes a little time.

WHY PICK A TORKLAW SACRAMENTO WRONGFUL DEATH LAWYER?

Experience & Mastery: Our team excels in personal injury law, ensuring up-to-date knowledge on wrongful death intricacies in Sacramento..

Client-Centered Approach: Each case and client is unique. We prioritize understanding individual needs, tailoring our legal strategies accordingly.

Proven Success: Our victories are testimonies. We've garnered millions in compensation for clients, attributing to our unyielding quest for justice.

No Fees Unless Victory: We function on a contingency fee structure. You only pay if we triumphantly secure compensation for you.

CONTACT TORKLAW’S SACRAMENTO WRONGFUL DEATH LAWYERS TODAY

At TORKLAW, our Sacramento wrongful death lawyers know how difficult it must be for your family to deal with an unexpected loss. We can make the legal side of things less overwhelming. The first thing you need to do is schedule a free consultation. We’ll answer your questions and help you to understand the process of filing a wrongful death claim. If you decide to hire us, you won’t have to pay until you recover damages either via settlement or a trial. 

Call us today at 339.229.5353 to discuss your claim with us and see the legal options you have.