Nothing is more devastating than losing a loved one unexpectedly. When someone close to us is taken before their time, the shock and grief can be overwhelming. It is difficult to put a price on an unexpected loss. However, if it is the result of someone’s negligence, the law provides certain relatives the right to recover financial damages. Such legal actions are called wrongful death claims.
What is a Sacramento Wrongful Death Claim?
Under California Code of Civil Procedure section 377.60, the surviving family members of an individual killed due to the negligent or wrongful actions of another may hold the responsible party accountable for various damages. However, only specific beneficiaries of the deceased may be eligible to file a wrongful death claim, including:
- Surviving spouse and children
- Parents, siblings, children of deceased siblings, and grandparents, and other lineal descendants
- Putative spouse (spouse that believes in good faith he or she was married to the deceased), their children, or stepchildren
- Representative of the deceased’s estate
It is not uncommon for multiple claimants to come forward in a Sacramento wrongful death case, but how the recovered damages will be divided is determined by the involved parties, not the court.
What Types of Damages are Recoverable in Wrongful Death?
The economic and non-economic damages that may be recovered in a wrongful death case will depend on the circumstances of the death, such as the type of accident, the extent of the damages, and the responsible party’s degree of fault.
It may be possible to recover the following types of damages:
- Funeral/burial expenses
- Medical costs
- Loss of household support
- Loss of deceased’s income
- Loss of benefits
- Loss of child-rearing support
- Pain and suffering
- Mental anguish
Because there is so much variation in the value of wrongful death cases, it is wise to seek the advice of a Sacramento wrongful death attorney before attempting to file a lawsuit of any type. It is almost impossible for someone without significant legal experience to understand and navigate the complex laws and rules regarding wrongful death suits. Instead of a grieving family taking this responsibility, it is far better to turn that job over to someone who has the experience and knowledge to handle it well.
To ensure that you receive the full extent of damages you are entitled to in your wrongful death claim, get legal assistance from the experienced attorneys at Demas Law Group, P.C. Your potential recovery may number in the millions. Find out more about your rights and best legal options by calling us today at (916) 444-0100.