Sacramento Wrongful Death Attorney

Compassionate Care Joined with Devoted Advocacy

The loss of a loved one is one of the most unbearable events a person can experience. When such a tragedy happens as the result of the sheer negligence or recklessness of another person or corporate entity, it can be even harder to bear. Grief may be mixed with anger, helplessness, and other difficult emotions. There is no way to easily move forward after losing a loved one.

What’s more, even in cases of so-called “freak accidents” or honest mistakes, deadly accidents are often preventable. Someone should be held responsible for the incalculable loss and suffering experienced by the loved ones of the deceased. Our attorneys are here to counsel you, so you understand your options during this time. Dealing with legal matters might not be what you want at this time, but we can help you pursue the justice you and your loved one deserve.

Our caring and dedicated team at Del Rio & Caraway, P.C. can take on the majority of the work of filing a wrongful death claim. After a loss, it’s important to exercise your right to file. The law allows you to request remuneration to help cover the financial costs of your loss as well as the less-tangible damages. This compensation can serve as a safety net for you and your loved ones during this time. Additionally, it can force the person who caused the fatal accident to face the consequences.

Our compassionate team is here to help you after a wrongful death in the family. Call us any time at (916) 229-6755 to speak with one of our lawyers, absolutely free.

What Is Wrongful Death?

A wrongful death occurs when a person dies due to another party’s careless, reckless, or intentional actions. In California, wrongful death claims are civil lawsuits brought by surviving family members seeking compensation for the losses caused by their loved one’s death.

Common examples of wrongful death cases include:

• Car and truck accidents caused by negligent drivers
• Medical malpractice, including surgical errors or misdiagnosis
• Workplace accidents and unsafe job conditions
• Defective products such as faulty machinery or dangerous drugs
• Premises liability incidents like falls or unsafe property conditions
• Criminal acts resulting in death, such as assault or drunk driving

A wrongful death lawsuit is distinct from criminal prosecution. While criminal charges may punish the wrongdoer, a civil wrongful death case seeks financial compensation for the family’s losses.

California Wrongful Death Laws

Under California Code of Civil Procedure § 377.60, a wrongful death claim can be filed when a death is caused by the wrongful act or neglect of another person or entity.

Some key aspects of California wrongful death law include:

• Statute of Limitations: You generally have two years from the date of death to file a wrongful death lawsuit. Missing this deadline may result in losing your right to compensation.
• Burden of Proof: The plaintiff must prove that the defendant’s negligence or misconduct directly caused the death.
• Separate Survival Action: In some cases, the estate of the deceased may also file a “survival action” to recover damages the victim could have pursued if they had survived (such as medical bills or pain and suffering before death).

The laws surrounding wrongful death in California are complex, and determining who can file or what damages apply requires legal knowledge and experience. That’s why working with our Sacramento wrongful death attorney is essential.

Who Can File a Wrongful Death Lawsuit?

California law limits who can bring a wrongful death lawsuit. The following individuals typically have the right to file:

• The deceased’s surviving spouse or domestic partner
• Children of the deceased
• Grandchildren, if the deceased’s children are also deceased

If none of the above parties are living, other individuals who would inherit under California’s intestate succession laws may be eligible to file, such as parents or siblings.

Additionally, certain individuals who were financially dependent on the deceased may also have the right to file, including:

• Stepchildren
• Putative spouses (those who had a good-faith belief they were married to the deceased)
• Parents or other relatives who depended on the deceased for support

Compensation for Wrongful Death

A successful wrongful death claim can provide much-needed financial support for surviving family members. Compensation may include both economic and non-economic damages, such as:

Economic Damages

• Funeral and burial expenses
• Medical costs related to the deceased’s final injury or illness
• Loss of the deceased’s expected financial support
• Loss of benefits or inheritance

Non-Economic Damages

• Loss of companionship, love, and affection
• Loss of moral support and guidance
• Emotional pain and suffering

In certain cases involving egregious conduct, punitive damages may also be available through a related survival action. These damages are meant to punish the wrongdoer and deter similar behavior in the future.

At Del Rio & Caraway, P.C., we work closely with financial experts, economists, and investigators to calculate the full value of your family’s loss and pursue maximum compensation on your behalf.

Wrongful Death FAQs

How long do I have to file a wrongful death claim in California?

Generally, you must file within two years from the date of death. However, some cases—such as those involving government entities—may have shorter deadlines.

What’s the difference between a wrongful death claim and a survival action?

A wrongful death claim compensates family members for their losses. A survival action, filed by the estate, seeks damages the deceased could have recovered had they lived (like medical bills or pain and suffering).

Can I still sue if the person responsible faces criminal charges?

Yes. A wrongful death lawsuit is separate from criminal proceedings and can proceed even if no criminal conviction occurs.

How much is my wrongful death case worth?

The value depends on many factors, including the deceased’s income, age, life expectancy, and the emotional and financial impact on surviving family members.

Do I need a lawyer for a wrongful death case?

Yes. Wrongful death claims are complex, involving multiple parties, insurance companies, and strict deadlines. Having our Sacramento wrongful death lawyer ensures your rights are protected and your claim is handled effectively.

We Are Here to Fight for Families After Loss

After the tragic and unnecessary death of a loved one, we understand what you need more than anything is a caring legal representative who can provide you honest guidance and will work endlessly to bring you justice. We are not afraid to litigate on your behalf if we deem it necessary to secure your future. Moving on after the loss of a loved one may seem impossible, but we want to help you pursue the compensation to support your next steps, whatever they may be.

Our wrongful death attorneys at Del Rio & Caraway, P.C. are ready to fight for you. Call us at (916) 229-6755 to schedule a free consultation with our team.