West Sacramento Wrongful Death Attorneys

Understanding Wrongful Death vs. Accidental Death

A wrongful death claim can arise almost anywhere. When a death happens due to another party’s negligent or intentional actions, and that fact can be proven, a wrongful death claim is necessary to hold the responsible party accountable.

Common Wrongful Death Scenarios

Common scenarios often resulting in wrongful death claims include car accidents, workplace accidents, nursing home neglect, and criminal acts. In these painful circumstances, California’s wrongful death laws are in place so that certain family members can pursue compensation for both economic and non-economic (emotional) losses.

Accidental death, on the other hand, is due to unfortunate, yet unintentional circumstances. If a person suffers a cardiac arrest and dies while hiking alone or is struck by lightning, it would be categorized as accidental.

Some of the most common wrongful death claims in the West Sacramento area include vehicle accidents on Interstates 5 and 80. Others include, but are in no way limited to, the following:

• Dog attacks: fatal dog bites or maulings due to owner or sometimes, landlord negligence
• Construction and other workplace accidents: due to employer negligence or absence of required safety procedures or training
• Defective products: faulty machinery, tools, or other equipment; recreational vehicle mishaps, dangerous pharmaceuticals not adequately tested or labeled.

• Assault and battery: violent, intentional acts against the by a perpetrator. Relatedly, or sometimes, a third party, such as security personnel, who failed in their duty of care to keep others safe could be held responsible for a violent act resulting in someone’s death.

• Premises liability: fatal slip and fall incidents, drownings, etc.)

Who Can File a Wrongful Death Claim

California law is quite specific about who can file a wrongful death claim. Usually, one of the following individuals is eligible: spouse or registered domestic partner; surviving children; dependent stepchildren or minors living in the household of the deceased at the time of death; parents and siblings (if other relatives do not exist).

Can multiple people file a wrongful death claim for the same death?

In California, multiple separate wrongful death claims cannot be filed for the same death. Instead, those people who have a right to file (spouses, children, etc.) may bring a collective wrongful death claim under California’s “one-action rule.”

If they are successful, the claimants may share the settlement as they wish, or the court may determine how the recovered damages should be dispersed.

Compensation in Wrongful Death Claims

Wrongful death laws and settlements are designed to provide damages for tangible and intangible losses, such as:

• Funeral and burial expenses
• Medical bills related to the final injury or illness
• Loss of the deceased’s expected income and benefits (to those they supported)
• Loss of companionship, guidance, and emotional support
• Pain and suffering experienced by surviving family members

The Wrongful Death Claim Process

Like any claim, wrongful death claims typically begin with fact-finding in the form of a thorough investigation to determine liability and gather evidence. Using a fatal dog attack as an example, here is a basic overview of what the plaintiff’s attorney must prove:

• Duty of care: The responsible party owed a duty of care to the deceased and did not provide it. In this example, a landlord has a legal responsibility to provide a secure yard enclosure for his property under the terms of the tenant’s lease.
• Breach of duty: That duty was violated through negligence or misconduct. The landlord had been repeatedly warned and asked to repair a broken fence, but failed to do so, despite knowing that a dangerous dog lived on his property.
• Causation: The breach directly caused the death. In this example, the dog escaped and attacked a child playing at a nearby park.
• Damages: The survivors (the child’s parents) suffered economic losses, including medical bills and burial expenses, as well as non-economic losses (pain and suffering, denial of the comfort of the relationship with the child) as a result.

No Upfront Fees: Contingency Fee Structure for Wrongful Death Cases

By far, one of the most common concerns families have is the cost of legal representation. Contingency fee structures offered by many attorneys ensure that everyone who needs it has access to justice, regardless of finances. Our firm’s contingency fee structure means you pay nothing upfront, and we only get paid if we win your case. This arrangement ensures that grieving families can pursue what they deserve without added financial stress.

Schedule Your Free Consultation with a West Sacramento Wrongful Death Attorney

If you have lost a loved one due to someone else’s negligence in the West Sacramento area, Eason & Tambornini is here to help. With decades of experience and a proven record of success, our West Sacramento personal injury attorneys are ready to lead you through every step of the process.

Call us today at (916) 438-1819 to schedule your free, no-risk consultation and take the first step toward justice and healing.