Sacramento Wrongful Death Attorney

Fighting For Those Who Have Lost a Loved One Due to Negligence in California

When a loved one dies, the emotional toll can be overwhelming. When that death results from someone else’s negligence, the pain can be even more difficult to bear. At the Law Offices of Larry S. Buckley, our Sacramento wrongful death lawyer understands the unique challenges that surviving family members face. We are here to help you navigate the legal process and fight for the justice and fair compensation you are owed.

Our firm has been serving the Sacramento community for over 25 years. We are committed to providing compassionate, personalized legal services to each and every client we serve. Contact us today at (916) 297-4468 to request a free consultation with our wrongful death attorney in Sacramento.

What Is a Wrongful Death?

Under California law, a “wrongful death” is a death caused by the “wrongful act or neglect of another.” In other words, if someone dies due to another person's or party’s negligent, reckless, or intentional actions, the surviving family members may be able to file a wrongful death claim.

In California, to succeed in a wrongful death lawsuit, certain elements need to be proven. While we can provide some guidance, please note that legal proceedings can be complex, and it’s essential to consult with a qualified attorney for accurate advice.

Generally, these elements include:

1. Duty of Care: Demonstrating that the defendant owed a duty of care to the deceased. For example, a doctor owes a duty of care to their patient, or a driver owes a duty of care to others on the road.
2. Breach of Duty: Showing that the defendant breached that duty through negligence, recklessness, or intentional actions. This means proving that the defendant’s actions or failure to act fell short of the expected standard of care.
3. Causation: Establishing a direct link between the defendant’s actions (or lack thereof) and the death of the individual. It involves proving that the defendant’s breach of duty was the proximate cause of the death.
4. Damages: Demonstrating the damages suffered as a result of the wrongful death. This can include economic damages (such as medical expenses, funeral costs, lost income) and non-economic damages (such as pain and suffering, loss of companionship).
5. Standing to Sue: Confirming that the plaintiff has the legal right (standing) to bring the wrongful death lawsuit. Typically, immediate family members or other parties who have suffered financially from the death have standing.
6. Statute of Limitations: Filing the lawsuit within the specified time limit set by the statute of limitations. In California, the statute of limitations for wrongful death cases is generally two years from the date of death, but exceptions can exist.

Who Can File a Wrongful Death Lawsuit in California?

In California, the individuals who have the legal standing to file a wrongful death lawsuit are outlined under the California Code of Civil Procedure, specifically in Section 377.60-377.62. The following parties typically have the right to bring forth a wrongful death claim:

• Surviving Family Members:
  • Spouse: The surviving spouse is usually eligible to file a wrongful death lawsuit.
  • Children: If there’s no surviving spouse, the deceased’s children can usually file the lawsuit.
  • Dependents: Any person who was financially dependent on the deceased person at the time of death, such as stepchildren, parents, or other family members, may have the right to file a claim.
• Personal Representative of the Estate: If the deceased person had a will or estate plan, the appointed executor or personal representative may be allowed to file the lawsuit on behalf of the estate.
• Other Parties in Certain Circumstances: In some cases, individuals who might not fall directly into the categories above but can prove financial dependence on the deceased may have the right to file a wrongful death claim.

What Damages Are Available in a Wrongful Death Case?

While no amount of money can ever truly compensate you for the loss of your loved one, a wrongful death claim can help you recover the financial resources you need to move forward. It can also help you hold the at-fault person or party accountable for their actions.

Depending on the specifics of your case, you may be able to recover compensation for:

• Funeral and burial expenses
• Medical expenses related to the deceased person’s final injury or illness
• Lost income and benefits
• Lost future earnings
• Lost inheritance
• Loss of consortium
• Loss of love, companionship, guidance, and support
• Loss of household services
• Pain and suffering
• Punitive damages

Frequently Asked Questions

Is There a Time Limit for Filing a Wrongful Death Claim?

In Sacramento, as per California's statute of limitations, you generally have two years from the date of death to file a wrongful death lawsuit. It's critical to adhere to this timeline because failing to do so can result in losing the right to pursue compensation. That said, certain circumstances may affect this deadline. For instance, if the wrongful death involved a government entity, you might face a shorter time limit to file a claim—a notable deviation worth considering when commencing legal action.

Successfully navigating the statute of limitations requires astute legal advice to ensure no critical deadlines are overlooked. Timely action not only preserves your claim but also enhances the quality of evidence while the details are still fresh and accessible.

Can I Seek Compensation for Emotional Distress?

Yes, compensation for emotional distress is indeed an eligibility within the scope of wrongful death claims in Sacramento. When claiming emotional distress, it includes seeking damages for mental anguish, anxiety, and the profound sorrow accompanying the sudden loss of a loved one. These non-economic damages acknowledge the enduring impact of death on the deceased's surviving family members.

However, calculating these damages involves complexities. Courts assess specific factors, such as the deceased's age and role in the family, to quantify distress in monetary terms. Working with a proficient attorney ensures that these damages are correctly evaluated and effectively presented, resulting in comprehensive compensation that reflects the scope of your suffering.

How Can I Prove Negligence?

Proving negligence in a Sacramento fatal accident case involves demonstrating that the other party failed to act with reasonable care, resulting in the incident leading to death. Essential elements include establishing that a duty of care existed, that this duty was breached, and that this breach directly caused the fatality. Gathering robust evidence is crucial, comprising eyewitness accounts, police reports, and expert testimonies.

Accident reconstruction is often employed to substantiate claims, offering scientific insight into the sequence of events. Moreover, a meticulous approach in proving causation through medical records and correlating the defendant’s breach of duty directly to the death strengthens your position. Employing an experienced legal team adept at compiling these aspects fortifies your claim, ensuring every negligence component is convincingly addressed.

How Can Our Wrongful Death Attorney Help?

After the death of a loved one, the last thing you want to deal with is the legal process. However, filing a wrongful death claim can help you recover the financial resources you need to move forward. It can also help you hold the at-fault person or party accountable for their actions.

When you choose to work with our firm, you can expect:

• Compassionate, personalized legal services: We understand that this is an incredibly difficult time for you and your family. We are here to provide the compassionate, one-on-one legal counsel you deserve.
• Open and honest communication: We believe in keeping our clients informed every step of the way. We will provide you with regular updates on your case and are always available to answer your questions.
• Aggressive representation: Our firm is not afraid to take on large corporations, insurance companies, and other powerful entities. We are skilled litigators who are not afraid to fight for you in court.
• Proven results: We have a long track record of success and have recovered millions of dollars for our clients. We are prepared to put our extensive experience to work for you.

At the Law Offices of Larry S. Buckley, we are committed to helping you get through this difficult time. Our Sacramento wrongful death lawyer can handle all the legal details of your case so you can focus on your family and your healing.

Call the Law Offices of Larry S. Buckley at (916) 297-4468 or contact us online to request a free consultation with our Sacramento wrongful death lawyer.