Sacramento Wrongful Death Attorneys

What is a wrongful death claim?

A wrongful death claim occurs when a family member loses a loved one due to the negligence of another, regardless of the circumstances. Our wrongful death attorneys have successfully fought for settlements for families who have lost someone in a truck accident, car accident, motorcycle accident, construction accident, and through medical malpractice. The death may have occurred immediately or over time due to neglect by caregivers, medical providers, or other factors.

Wrongful Death Damages

In a wrongful death involving an adult or child, heirs may seek two types of compensation: economic and non-economic.

Economic damages: Financial injuries are wrongful death damages attached to a dollar number. Wrongful death attorneys depend on expert witnesses, such as accountants or financial planners, to determine these damages. Other financial injuries include the cost of funerals and burials. Finally, financial support that the deceased person provided while alive is often a straightforward dollar amount that can be calculated based on past earnings and involvement in the household, among other things.

Non-economic Damages

Certain family members of a lost loved one can also seek compensation for non-economic damages. These are a little more complicated to prove. Still, a skilled and experienced wrongful death attorney will be able to draw upon the family member’s experience as to the level of loss of companionship, comfort, love, care, assistance, protection, and other types of emotional and spiritual support when determining an amount that would be reasonable to pursue. Additional claims of non-economic damages may include loss of moral guidance and training for children of the deceased and sexual relationships for spouses.

Why do I need a wrongful death attorney?

While the law does not require legal representation, filing a wrongful death lawsuit can be a highly complex and extremely emotional process. Hiring one of our wrongful death attorneys, who is experienced in the many details that a successful case requires, such as investigation, research, and witness statements, allows you and your family to work through the grieving process. Having an experienced wrongful death attorney on your side, fighting aggressively on your behalf, will give you the peace of mind and the space you need to continue healing.

Benefits of Hiring a Wrongful Death Lawyer

Our Sacramento wrongful death lawyers will handle all communication and negotiations with the insurance company and attorneys for the responsible parties so that you do not have to worry about saying the wrong thing and jeopardizing your claim. If the case goes to trial, we will argue the case in court and use our experience and skills to reach a successful settlement for you.

Who Can File a Wrongful Death Claim

Under California law that covers wrongful death, certain family members may take legal action to hold the responsible party accountable. Those family members include:

• Spouse or domestic partner of the deceased
• Surviving children of the deceased
• Other: if no surviving immediate family member exists, the law allows for a parent or sibling to file a wrongful death suit if certain conditions are met

Other specific conditions can affect who can file a wrongful death suit in California. Call one of our Sacramento wrongful death attorneys as soon as possible, 916-438-1819, and schedule a free, no-obligation consultation to review your situation.

How is a wrongful death settlement amount decided?

One of our wrongful death lawyers will explain precisely the factors involved when factoring wrongful death settlements. Some of those factors include:

• The deceased person’s age
• The deceased person’s income at the time of death
• The deceased person’s estimated future earning capacity
• The deceased person’s health just before the time of death
• The value of the deceased person’s lost benefits that would have been conveyed to their dependents (e.g., health insurance, pension, etc.)
• The deceased person’s outstanding medical bills

In addition to damages, your wrongful death lawyer can determine whether the responsible party’s level of insurance coverage may impact a settlement. Another factor to consider may be whether another person, such as an employer or parent, may have some responsibility for the behavior of the responsible party.

As you can see, wrongful death claims can be very complicated; having a seasoned wrongful death attorney from Eason & Tambornini on your side is critical to achieving a successful outcome.

The Difference Between Wrongful Death and Accidental Death

The details of the situation surrounding your loved one’s death are what determines how that death is classified. A critical element is the presence (or not) of intent and whether the person being held responsible acted recklessly (with negligence) to purposely cause harm or death. Our wrongful death attorneys have helped clients understand this difference on many occasions.

The simplest example is this: Suppose a driver of a car is texting while driving (“distracted driving,” which is illegal under California law), runs off the road, and hits a pedestrian, killing him. The spouse of the deceased person could file a wrongful death lawsuit because California considers distracted driving negligence.

Do government organizations have immunity from wrongful death cases in California?

One potentially complicating factor in wrongful death claims concerns those brought against government organizations. Certain circumstances can place liability on a government entity. In many of these situations, the person held liable is a government employee, and the injury happens on government property. Some examples of wrongful death situations in which a government entity may not have immunity include:

• You have incorrectly marked roadway construction warnings.
• Poorly maintained public walkways or sidewalks
• A slip and fall on a wet floor
• Abuse or injury of a student by a school official
• Violence inflicted on a person on government-owned property

However, unlike privately held companies, government entities sometimes have certain protections (immunity) from legal actions. Our Sacramento wrongful death attorneys can advise you during your free consultation whether government immunity may apply to your situation.

Can a wrongful death claim be filed during a criminal case?

The State of California initiates criminal cases. Wrongful death claims, on the other hand, are civil lawsuits initiated by surviving family members or another representative of the deceased person’s heirs or estate. A criminal case may result in a jail or prison sentence. Still, it does not provide a monetary award to the family of the deceased person, which means they could file a wrongful death lawsuit while the criminal case is ongoing. They do not have to be filed simultaneously as long as the wrongful death claim is filed before the statute of limitations runs out. One of our wrongful death attorneys will explain this during your free consultation.

If you have suffered the loss of a loved one due to the negligence of another, the Sacramento wrongful death attorneys at Eason & Tambornini are here to help. We have helped countless people secure fair settlements in the over thirty years we have practiced law in California. There is no reason not to call; our consultations are free, and you don’t have to move forward if you decide not to pursue a claim. Also, we will let you know if we don’t think you have a claim. We take all wrongful death cases on a contingency fee, meaning you pay nothing if you don’t win.

Call Eason & Tambornini today at 916-438-1819 to schedule your free consultation.