Losing a loved one through the deliberate acts or negligence of another person or entity can be devastating. Once you have had time to grieve your loss, you might be wondering if there is any legal recourse for your family and whether you could hold the responsible party to account.
While no amount of money can bring back a loved one, compensation from a wrongful death claim can help with financial losses. A wrongful death claim can also protect you from any future losses connected to your loved one’s passing.
If you are not sure whether you can take legal action or are unsure how to go about it, consulting a Sacramento wrongful death lawyer can help. You can find out if you can hold the negligent party to account with a wrongful death lawsuit, and which type of compensation you could receive. Contact Ben Crump Law, PLLC for a free case evaluation at (844) 638-1822.
Proving Wrongful Death
A wrongful death claim is a civil lawsuit that can arise from any accident causing the death of a person through negligence or recklessness of another person or entity. Surviving close family members of the deceased can file the wrongful death claim to recover expenses for their financial and emotional losses due to the wrongful death of their loved one.
Wrongful death cases can arise from many different circumstances, similar to personal injury lawsuits. Some reasons for possible wrongful death cases can include, but are not limited to:
- Nursing home abuse and neglect
- Motor vehicle accidents
- Medical malpractice
- Slip and fall accidents
- Boating accidents
- Work-related accidents
- Exposure to toxic substances
A plaintiff will need to prove the following elements:
Duty of Care
The plaintiff has to prove that the negligent party had certain responsibilities that would prevent them from harming another person. For example, a car driver has a duty of care to be mindful of others on the road.
Breach of Duty
The plaintiff has to prove that a defendant breached the duty of care toward the deceased. A car driver can breach their duty of care by speeding, running a red light, or crashing into someone else’s car.
A plaintiff also needs to show that the death was a direct cause of the breach of duty.
The plaintiff has to prove that the death of the victim caused the damages they are trying to recover with the wrongful death case.
A Sacramento wrongful death lawyer might be able to help you pull all the evidence together for a wrongful death case. Call Ben Crump, PLLC, today to speak to a member of our team and find out if you have a case.
For a free legal consultation with a wrongful death lawyer, call (844) 638-1822
Filing a Wrongful Death Lawsuit in California
A close relative, or the representative of the deceased’s estate, will typically file a wrongful death claim. Generally, according to the California Code of Civil Procedure Article 6 regarding wrongful death, the following persons can file wrongful death claims:
- The spouse of the deceased
- The domestic partner of the deceased
- The parents of the deceased
- The children of the deceased
Others may also be able to file a wrongful death lawsuit, particularly if there are no close surviving relatives.
Wrongful Death Lawyer Near Me (844) 638-1822
Wrongful Death Compensation
The plaintiffs in a wrongful death lawsuit could be entitled to various types of compensation. They might receive economic awards such as:
- Medical expenses
- Funeral costs
- Loss of the victim’s earnings
- Loss of benefits
- Loss of services the deceased might have provided for the survivors
Economic damages generally have a monetary value and are easy to show with receipts and bills, for example.
The surviving relatives of the deceased can also receive noneconomic damages. Although noneconomic damages can be harder to quantify, they could have considerable value in a settlement. Some examples of noneconomic compensation include:
- Mental anguish and suffering of survivors
- Loss of guardianship for children of the deceased
- Loss of consortium and companionship for the spouse of the deceased
These are just some examples of compensatory damages the survivors of a deceased person could receive with a wrongful death lawsuit.
One of the keys to recovering compensation with a wrongful death claim is acting in a timely manner. Acting as soon as you can after the death of a loved one will give you time to collect the necessary evidence such as medical reports and witnesses’ statements, which may be needed for court action.
California’s statute of limitations sets a time limit of two years from the victim’s death for survivors to file a wrongful death case. We understand that grieving for a loved one and adjusting to a new life without them can be difficult and take time. However, not filing a wrongful death lawsuit within the two years could render any claims for compensation invalid.
While you are grieving your loved one, hiring a Sacramento wrongful death lawyer to help with your case might be beneficial.
We Are Here For You
Losing a loved one in an accident that was someone else’s fault is devastating and can have long-lasting consequences for the entire family, emotionally as well as financially. Having been through such an ordeal, you might be hesitant to initiate legal action.
We understand that wrongful death cases can be daunting for the family and loved ones of the decedent, but we are here to help and take some weight off your shoulders. Having legal representation can offer reassurance, as well as practical help with building a case, for example, by gathering evidence and conducting research. We can negotiate with insurances, if needed, and provide expert witnesses if it helps your case.
We also understand that money might be tight at this time. When you work with Ben Crump Law, PLLC, you do not need to worry about any upfront attorney’s fees or expenses. We work on contingency only and get paid when we win your case. Call our team now at (844) 638-1822, and find out whether we can help you get compensation for your losses.