Sacramento Wrongful Death Attorneys Who Make a Difference: Eason & Tambornini

What is the statute of limitations for a wrongful death claim in Sacramento?

Under California Code of Civil Procedure section 335.1, the statute of limitations for a wrongful death claim in Sacramento is typically two years from the date of the deceased person’s passing. Make no mistake: This legal deadline is critical. If you fail to file a claim within this period, you may lose the right to pursue compensation through the court system.

Where and How Wrongful Death Occurs in Sacramento

Sacramento’s geography, a mix of massive industrial hubs and busy commute pathways, poses specific hazards to residents and visitors to the state’s capital every day. We have handled many cases involving fatal incidents occurring in known hotspots throughout the city:

• Freeway Accidents: Traveling along Interstate 80 and the Business 80/Hwy 50 split experience high speeds through heavy merging, which often leads to tragedy.
• Workplace Accidents: Accidents at distribution centers or construction sites, such as the Power Inn Road industrial area or the downtown Sacramento rail yards, are common.
• Notoriously Dangerous Intersections: Other fatal car accidents are frequently seen at busy intersections like Fair Oaks Boulevard and Howe Avenue, or the busy junctions in Midtown.
• Public Recreation Areas:  Discovery Park, Ancil Hoffman Park, or walking paths along the Sacramento River have all had fatal accidents through the years.

Wrongful Death Claim Process: Understanding How They Work

California has strict laws that ensure the parties responsible for negligent and intentional acts pay the price, not innocent families. To win, a legal team will gather necessary documentation, such as a police report, that will help them establish the following:

1. Duty of Care: The responsible party had a legal duty to provide a safe environment (like a driver who is careful to follow traffic laws on a busy street like Watt Avenue in North Sacramento).
2. Breach of Duty: The responsible party violated their duty, such as a distracted driver texting while driving.
3. Causation: The specific breach of duty was the proximate cause of the person’s death.
4. Damages: The surviving family members suffered tangible and intangible losses

Recoverable Damages in Sacramento Wrongful Death Claims

A simplified explanation of tangible vs. intangible losses is to think of what you can prove with a receipt (economic losses) versus what you feel in your daily life (non-economic).

Tangible or Economic Losses

• Funeral and burial expenses
• Medical bills related to the final injury
• Loss of future income that the deceased would have earned
• Value of any household services the deceased would have provided

Intangible or Non-Economic Losses

• Loss of companionship and guidance
• Emotional support and protection
• Pain and suffering for survivors
• Loss of consortium for a spouse

Yet another way to think of these two very real types of losses is this: tangible losses cover your expenses; intangible losses try to offer you justice for your experience.

Who Can File a Wrongful Death Claim in California?

Specific people (survivors of the deceased) are allowed to file a wrongful death claim. In California, eligible survivors who desire to file a wrongful death claim must file together. This is called the “one-action rule. In other words, multiple people cannot sue individually for the same loss.

• Immediate Family: Under typical conditions, the surviving spouse, domestic partner, and children have the first right to file for domestic partner or children.
• Dependents: Stepchildren or other minors that the deceased supplied at least half their financial support to may be eligible.
• Other/Next in Line: If no immediate survivors listed above exist, parents, siblings, or other legal heirs may file.

Sacramento County Superior Court: Legal Resource Guide

Most personal injury and wrongful death cases for Sacramento residents are handled within the Sacramento County Superior Court system at the main downtown branch.

Gordon D. Schaber Sacramento County Courthouse

• Address: 720 9th Street, Sacramento, CA 95814
• Phone: (916) 874-5522
• Hours: Monday – Friday, 8:30 AM – 4:00 PM
• Parking: Metered street parking is available, but the City Hall Garage at 10th and I Streets is usually the most reliable option for more extended visits.

Grief and Bereavement Resources in Sacramento

Finding emotional support is critical after an unexpected loss of a loved one, just as taking care of the legal side of things is essential for other reasons. Reaching out to the following Sacramento-area bereavement support organizations may be helpful:

• Sutter Health Bereavement Support: Provides specialized support groups and counseling for those mourning a sudden loss in the Sacramento area.
• GriefShare at Local Centers: Several Sacramento organizations, including churches in the Pocket and Natomasareas. One offering is a 13-week seminar that helps grieving family members or friends navigate complicated stages of grief.
• UC Davis Medical Center: Offers trauma-informed resources and support specifically for families dealing with sudden, accidental deaths.

How much does a Sacramento wrongful death lawyer cost?

We offer a contingency-fee basis, which means we don’t ask for a single dollar upfront. We only receive a fee if we successfully win a settlement or a jury verdict for your family. If you need high-quality legal advocacy, regardless of your current financial situation, we can help.

Call one of our Sacramento wrongful death attorneys at Eason & Tambornini today at (916) 438-1819 to take the first step toward justice and healing.