Sacramento Wrongful Death Attorneys
Holding those Responsible for Wrongful Death Accountable
Losing a loved one, especially under tragic circumstances, is one of the most difficult experiences in anyone’s life. While you and your family are coming to grips with the devastating tragedy, all of you may be financially responsible for covering all of the expenses associated with your loved one’s death, such as funeral and burial costs, as well as medical expenses prior to your loved one’s demise.
If your loved one’s death was caused by another party’s negligence, carelessness, or recklessness, you may be eligible to file a wrongful death suit with the legal assistance of an experienced personal injury lawyer. At Smolich and Smolich, we are committed to helping the grieving process by ensuring that the at-fault party is liable to cover all of the monetary damages your family is owed.
Contact us online or call (916) 571-0400to get in touch with a Sacramento wrongful death lawyer and discuss your legal options.
Who Can File a California Wrongful Death Claim?
A wrongful death claim occurs when an individual dies because of the negligent actions of someone else. Only specific family members can file a wrongful death lawsuit in California.
The following parties of the deceased person’s estate are allowed to bring a wrongful death claim:
- Surviving spouse or domestic partner
- Surviving children
- If they can show they were financially dependent on the deceased person, stepchildren, parents, and “putative spouse” and their children
- Those who would be entitled to the property of the deceased party by intestate succession
Those who file a wrongful death claim are entitled to both economic (funeral and burial expenses, medical bills, lost wages, and lost potential earning capacity) and noneconomic damages (pain and suffering, emotional distress, loss of consortium, and loss of anticipated financial support).
Types of Wrongful Death Claims
Wrongful death claims can arise in situations in which a deceased victim would otherwise have had a valid personal injury claim if they had lived. This can occur in relation to a wide range of situations stemming from negligence or intentional acts, including:
- Homicides / murder
- Car accidents
- Medical malpractice
- Motorcycle accidents
- Trucking accidents
- Bicycle and pedestrian accidents
- Drowning accidents
- Slip and fall accidents
Wrongful death claims can stem from nearly any personal injury situation, with the exception of work-related fatalities which typically must be handled through California's workers' compensation system. Plaintiffs in wrongful death claims must be able to meet the same burden of proof that the deceased victim would have had to have met if they had lived. This typically involves showing that the defendant owed a duty of care to the deceased victim, the duty of care was breached, the breach was the direct and proximate cause of the decedent's death, and that the death caused the plaintiffs to suffer damages.
Contact the Attorneys at Smolich and Smolich Today!
Pursuing a wrongful death claim can be an exceptionally complex and emotional experience. At Smolich and Smolich, we understand what you are going though and can deliver the compassionate guidance you need to help your family push forward. With nearly five decades of legal experience, our Sacramento wrongful death attorneys have a comprehensive understanding of California law to guide you through the complexities of your case. Do not risk having to pay for your loved one’s funeral expenses out of your own wallet.
Contact us online or call us at (916) 571-0400 to discuss your legal options with our Sacramento wrongful death lawyers at Smolich and Smolich today.