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New bill revives damages in California wrongful death cases

Wrongful Death

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Losing a loved one to a wrongful death is one of the most painful experiences imaginable. Previously, California did not allow the surviving loved ones of a deceased person to recover damages from the decedent’s pain or suffering. A new bill signed into law by Governor Gavin Newsom, however, changes this.

Pain, suffering and a new law

On October 1, Gov. Newsom signed Senate Bill 447 into effect. Under S.B. 447, the relatives of someone killed in a wrongful death accident have the right to seek compensation for their deceased loved one’s pain, suffering and disfigurement. The previous law did not allow courts to award compensation related to these damages The court could award compensation only for:

  • Injury
  • Burial expenses
  • Loss of companionship
  • Loss of enjoyment of intimacy
  • Loss of training and guidance
  • Loss of income

The new law will apply to all wrongful death actions filed after January 1, 2022, and to any wrongful death actions filed before January 1, 2022, that received a specified preference. However, S.B. 447 has a four-year sunset provision. This means that after January 1, 2026, legislators must renew the law or it will no longer have effect.

What this means for relatives and spouses

If you are the spouse or relative of someone who lost their life due to another party’s negligence, this law is to your benefit. It means that you have the right to hold the perpetrator accountable for the pain, suffering and disfigurement that the person you loved had to endure before their death.

Granted, the additional monetary compensation is nothing compared to your loved one’s life. However, it could go a long way toward preventing another wrongful death accident in California. When individuals, companies or other parties that would act negligently see that the state is serious about making them pay for the pain and suffering they inflicted, it is one more way to discourage them from doing it again.

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When it comes to personal injury, the different types of claims somebody can make coupled with the different laws in each one can get pretty confusing. While medical malpractice can lead to a wrongful death, they are separate claims and only a personal injury attorney can best determine which one your case will fall into if you or someone you know has suffered an injury or wrongful death.

Wrongful Death vs. Medical Malpractice

While medical malpractice can certainly lead to a patient’s death, not all wrongful death cases result from medical malpractice. In simple terms, medical malpractice happens when a healthcare provider acts negligently and causes harm to a patient. Wrongful death occurs when someone dies as a result of negligence, carelessness, or an intentional wrongful act.

Losing a loved one is difficult to experience in the first place. But if the death was a cause of negligence, the devastation increases significantly. And although no amount of money can ever bring a loved one back, if there is a case for wrongful death, you may be entitled to compensation. One form of wrongful death can be medical malpractice but they are not the same. Having an understanding of the differences and speaking with an attorney can help determine which course of action you should take.

Wrongful Death

Wrongful death occurs when someone dies as a result of someone else’s irresponsibility and negligence. Medical malpractice can lead to wrongful death but so can any of the following:

  • automobile accident
  • assault and battery
  • food poisoning
  • construction site accidents
  • domestic abuse
  • and much more

In these types of cases, the plaintiff must prove that the defendant’s actions directly caused the injuries and death of the deceased. The series of events and cause and effect must be completely clear in order to have a case. The damages in a wrongful death claim can vary depending on your specific case but generally include the loss of financial support for a spouse, children or aging parents, medical bills and funeral costs and in some cases, pain and suffering. Determining whether there is a case to be made should be decided by a qualified Sacramento accident attorney.

Medical Malpractice

Medical malpractice claims are among the most difficult claims to prove in court and they do not always result in the death of a patient. The main focus on these types of claims is the negligence of a medical professional. It has to be proven that the behavior caused harm to the patient. The following are the characteristics that must be present in order for a medical malpractice case to be an option:

  • failure to deliver a good standard of care, according to the state’s standards medical professionals should adhere to
  • an injury was caused by negligence – if medical professionals acted negligently but this did not cause injury or harm, they cannot be held liable. The plaintiff needs to prove that the injury
  • would not have happened should the medical professional not have been negligent.
  • the injury must have severely damaging consequences
  • informed consent must not have been present – if the patient did not provide the medical professional with an informed consent and the procedure was completed properly, a case for medical malpractice may still be present

If you believe the death of a family member was caused by medical malpractice, you need to talk to an experienced and knowledgeable personal injury attorney. Any type of personal injury case should demand compensation for your financial losses so don’t wait to speak with an accident attorney.

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Wrongful death is any death that is caused because of negligence and recklessness by a third party and can be a result of a car accident, truck accident, train accident, and medical negligence, among others. In California, wrongful death is considered a civil lawsuit and is brought to the court by survivors of the deceased. If you have lost a family member or somebody you know has lost a family member because of someone else’s negligence, you should consider contacting an attorney and filing either a wrongful death or survival action lawsuit. In order to do so, you must understand the wrongful death claim, a Sacramento CA injury lawyer at The Weinberger Law Firm can help.

Wrongful death is considered civil lawsuits, which differs from criminal cases for homicide. In civil lawsuits, fault is expressed in monetary damages paid to the survivors rather than probation, jail or prison time. Wrongful death is a subclass of personal injury because if that person had survived, they would have brought a damage claim against the person who caused the injury. Since they are not able to do so, the survivors can make a claim on behalf that the deceased person.

Legal Elements of a Wrongful Death Claim

Any survivor that wants to bring a wrongful death claim needs to understand the basic elements:

  • Death of a person “was caused by a negligent or wrongful act”
  • There is a loss of financial support – this is usually a big factor and much easier to calculate. Income, potential future earnings, inheritances, etc fall into this category
  • There is a loss of emotional support such as love and affection

Who Can File a Wrongful Death Lawsuit?

Wrongful death law becomes pretty complex, especially when undertaken without an experienced Sacramento CA injury lawyer. According to California’s wrongful death statute CCP Section 377.60, the following can file a wrongful death statute:

  • the victim’s spouse
  • dependent children
  • domestic partner, also the de facto partner
  • domestic partner’s children
  • dependent stepchildren
  • surviving parents, siblings of the deceased and their children
  • grandparents of the victim
  • any person who depends on the descendant for support

The last few on this list have special rules so it’s best to speak with a highly skilled wrongful death lawyer who can evaluate your case and choose the best course of actions.

Filing a Wrongful Death Claim

Filing a wrongful death claim has a time limit, known as the “statute of limitations”. In California, that time limit is 2 years after the death in most cases. One exception is if the negligence was done by the state or government agency, which has a six-month time limit. Medical malpractice claims have a one-year time limit. Because wrongful death claims can vary from person to person, it’s important to understand each specific difference by contacting an experienced Sacramento CA injury lawyer.

Potential Damages Awarded

A person who is entitled to bring a wrongful death lawsuit can seek monetary recovery for economic and noneconomic. Some of the economic compensation includes:

  • financial support the deceased victim would have contributed
  • the loss of gifts or benefits the family member would have likely received from the deceased victim
  • funeral and burial expenses
  • value of household services the deceased victim would have provided

California also permits the jury to award compensation for certain noneconomic losses including:

  • the loss of the deceased victim’s love, companionship, comfort, care, assistance, protection, and moral support.
  • the loss of the enjoyment of sexual relations in case of a spouse or domestic partner
  • in the case of a child, the loss of the deceased parent’s training and guidance

The jury has the right to award any amount since California law does not put a cap on the limit.

Do All Wrongful Death Lawsuits Go to Trial?

Every personal injury claim has the potential to go to court, including wrongful death but there are many that can be negotiated outside of the court and settled for the amount the family deserves. When a lawsuit does go to trial, it can be expensive, time-consuming and complicated. For that reason alone, it’s best to utilize the expertise of a skilled personal injury attorney. An experienced wrongful death attorney will help make a number of difficult decisions and deal with complex issues including:

  • deciding whether or not to create an estate to make the wrongful death claim – if a large number of claimants are involved in a single case, it can be better to create a probate estate of suing through a number of individual heirs
  • using expert testimony to establish the victim’s life expectancy
  • getting specialists to determine the amount of lost financial support is being suffered by the claimant
  • actually proving the liability of the at-fault party and explaining the justification for the damages being sought out.

Sacramento Accident Lawyers

Our skilled attorneys at the Weinberger Law Firm can represent you in your claim against a negligent driver. With over 20 years of experience helping victims get the justice they deserve, we have the resources, dedication, and compassion to get you the compensation you deserve during this difficult time in your life.

If you or someone you know lost a loved one due to someone else’s negligence, don’t wait to contact an experienced Sacramento, CA injury lawyer for a free consultation.

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Unfortunately, as the population grows older, elders are increasingly placed in facilitated homes. As hard as this can be for the older individual and his or her family, the last thing a child wants to imagine is that his or her parent is being mistreated in a trusted nursing home. Much worse is when neglect or abuse becomes deadly. Nursing homes are not likely to blame themselves for the death of a patient so it is up to the loved ones left behind, and their dedicated attorneys, to investigate and prosecute. Often, a death certificate will show the cause of death to be “heart failure,” with no information on what could have led to this heart failure. If you have lost a loved one due to the negligence of a trusted facility, speak with a personal injury attorney in Sacramento.

In many cases, nursing homes are overstaffed and funds aren’t allocated appropriately, resulting in unhappy employees and unpleasant living conditions. This stress on workers and the vulnerability of older individuals can lead to abuse and even death. A study in 2009 found that 1 in 7 senior citizens was abused. There have been numerous cases throughout California regarding elder abuse and neglect and subsequent wrongful death. Regardless of the circumstance the employees are in, no one should ever mistreat the elderly. Speak with a personal injury attorney in Sacramento if you, or a family member, has been abused.

Proving Wrongful Death

A wrongful death is defined as the death of an individual due to a wrongful act or neglect by another individual or entity. Wrongful death suits are civil and result in financial damages paid directly to the survivors of the deceased. Any spouse, child, or domestic partner can bring about a case of wrongful death. If there is no survivor from these categories, any individual that can prove financial dependence or who would be entitled to the property of the deceased may sue for wrongful death.

When proving the case of wrongful death, a nursing home attorney in Sacramento will need to prove the facility or individuals were responsible for the care of your loved one and that their conduct resulted in his or her death. It is important to gather as much evidence as possible including images of injuries or malnourishment, statements from other employees, medical records, contaminated clothing, etc.

Wrongful death suits include financial compensation and can include coverage for the following:

  • Funeral and burial costs
  • Medical and hospital bills
  • Loss of income or other financial support
  • Loss of love, affection, community, moral support, etc.

According to California law, descendants have two years from the date of the death of the loved one to file a wrongful death claim. Failing to do so could limit a family’s right to file at all.

Common Causes of Wrongful Death in a Nursing Home

Elder abuse and neglect encompasses a wide range of actions or inactions against an older individual. The most common symptoms of elder abuse that lead to wrongful death include the following:

  • Serious infection – may be caused by severe bedsores
  • Falls
  • Medication errors
  • Physical abuse
  • Dehydration
  • Malnutrition – may be caused by the failure to provide the proper diet for a certain individual or may be caused by the failure to provide adequate water especially for an individual on diuretic medications
  • Unsanitary conditions – may be caused by the failure to provide adequate hygienic care
  • Wandering

If anyone you know has suffered these conditions that led to a death, speak with a nursing home attorney in Sacramento who can provide legal guidance to get you the compensation you deserve.

Welfare and Institutions Code Section 1565

This section was added to the Elder Abuse and Dependent Adult Civil Protection Act in 1991 to increase awareness of abuse and neglect on the older generation. This section allows for the coverage of attorney’s fees and costs and post-mortem general damages in cases of death when certain burdens of proof are met. This was meant to increase the likelihood of lawyers taking on cases for disadvantaged Californians as defendants guilty of abuse in a reckless, oppressive, fraudulent or malicious manner can be made liable for the cost of the plaintiff’s attorneys.

A Personal Injury Attorney in Sacramento Can Help You Fight Your Wrongful Death Case

Do you believe your loved one could have died from abuse or neglect at his or her nursing home? If so, it is important to contact a knowledgeable and compassionate nursing home attorney in Sacramento as soon as you can. This will greatly increase your chances to receive the compensation you deserve. Call us at (916) 357-6767 for a free consultation.

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This winter has certainly been a wet and wild one for Northern California so far this season. The Sacramento Valley, in particular, has seen some extraordinary winter weather and the third week of January brought with it incredibly strong winds that have left the Sacramento area rebuilding on this Thursday, January 19, 2017. High winds were reported across the Valley, with the strongest gust coming in at an intense 63mph, which was reported at the Sacramento International Airport. 50mph gusts were reported across the region, and reports from SMUD indicate that almost 50,000 people in the immediate Sacramento region suffered power outages last night and early this morning as a result of downed power lines.

Power wasn’t the only thing people lost last night, many individual’s homes, vehicles, and other personal property were damaged in the high winds, and one vehicle was actually struck by a falling tree on the corner of 19th and X streets in Sacramento. In El Dorado Hills, multiple reports came in of trees being uprooted and falling onto houses and cars as a result of intense wind. Downed trees were also responsible for road closures across Northern California, and Highway 160 was closed from Highway 12 up to the Antioch bridge as a result of downed trees blocking the roadway.

All this crazy weather and the damage associated with it might have you thinking who will be paying for all of this property damage and personal injury. Lucky for you, the Sacramento personal injury attorneys at The Weinberger Law Firm are taking the time to explain a few important items pertaining to liability in these scenarios. First, we will explain how to determine who owns the tree.

California Civil Code Section 833 states that if the trunk of a tree stands wholly on the land of one landowner, that landowner owns the tree regardless of whether its roots, foliage, or branches have grown onto the land of another. California Civil Code Section 834 states that if the trunk of a tree stands partly on the land of two adjoining landowners, then both landowners own the tree. Now that ownership has been attributed, you can attempt to determine liability and whether you or the tree owner’s insurance policy will cover anything.

  • What happens if my tree falls onto my house or property?
  • What happens if my neighbor’s tree falls onto my house or property?
  • What happens if my tree falls onto my neighbor’s house or property?

Acts of God and Liability

The above are questions that are floating around in the minds of thousands of Northern Californians today, and they are not always easy to answer. The main question to ask when determining liability and coverage for damage caused by a fallen tree is whether the tree toppled due to “an act of God” (a term used by insurance companies) or it was related to negligence. The term “act of God” is used to describe events that take place in which a property owner has no control over the situation. An extreme wind storm or other weather event falls into this category, and therefore, if a tree fell on your house and was caused solely by the wind storm, your insurance policy would likely cover it regardless of who owns the tree.

Negligence and Liability

Not all trees that fall during a windstorm, however, fall because of the wind. Property owners are expected to maintain a certain level of safety on their property, and inspecting and maintaining their trees is part of this responsibility. If the damage is caused by a diseased or damaged tree, insurance companies will likely determine that negligence on the part of the property owner caused the tree to fall, not an “act of God”. Insurance companies are in the business of making money, not paying out claims, and they will do all they can to prove negligence in the event of a fallen tree. You need an experienced personal injury attorney in Sacramento to navigate the process for you and ensure you are not taken for a ride.

Have You Been Injured by a Falling Tree in Sacramento?

Was your car or home damaged by a falling tree in Sacramento? The Weinberger Law Firm has the top personal injury attorney in Sacramento and the right wrongful death attorney in Sacramento to help you with your injury needs. Call a Sacramento personal injury lawyer today for a free consultation with a Sacramento wrongful death lawyer that can help get you the compensation you deserve.

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There are a lot of cars on the California roads and as the population increases, so do car accidents. In fact, in 2007 alone, 4,000 people died on California roads and highways. The grieving process alone for losing a loved one in an automobile accident is difficult alone but trying to cope with the thought that the accident was caused by someone else’s negligence is even more devastating. If you or someone you know lost a loved one due to the irresponsibility of someone else, you could potentially pursue a wrongful death claim. Immediately seek advice and consultation from an experienced California injury attorney.

While there is no amount of money that can bring a loved one back, California law allows victims to receive compensation for financial burdens and in some cases, the emotional suffering. Although each case is different, some of the compensation that is available to surviving family members are:

  • income
  • potential future earnings and inheritances
  • medical expenses
  • funeral costs
  • emotional pain and suffering

Driver Negligence

Every driver on the road has a responsibility to act and drive cautiously to safeguard everyone else on the road. When a driver is negligent or reckless however, he or she does not take the safety of others into account. Some of the most common types of driver negligence are:

  • driving under the influence of alcohol and/or drugs
  • speeding
  • ignoring the rules of the road
  • using a cellphone to talk or text
  • fatigued driving
  • passengers talking or distracting you
  • anything else that distracts you from your responsibility of careful driving

Any of these reckless behaviors can cause an accident and take a life whether its someone in another vehicle or a pedestrian on the street. Reckless driving can cause some of the most severe types of accidents such as head-on collisions and side-impact crashes which could lead to serious injuries and death. Some of the common types of fatal car accidents due to negligence are:

  • rear-end accidents
  • intersection accidents
  • alcohol-related accidents
  • hit and run
  • motorcycle accidents
  • pedestrian accidents

Establishing Fault

In order to receive compensation, you must establish who is at fault. This is not an easy process to do and usually, an experienced personal injury attorney is best to help you in your specific circumstance. To prove fault, a judge will have to review:

  • official accident reconstructions
  • medical records
  • testimony from witnesses
  • police reports

In order to have a successful lawsuit in California, the plaintiff must prove that

  1. a death occurred,
  2. the death was caused by another’s negligence or an intent to cause harm and
  3. the surviving family must show how they suffered a loss as a result of the victim’s death.

If you are mourning over the loss of a loved one, you shouldn’t have to deal with frustrating insurance companies, conducting investigations or anything else that is necessary to prove negligence caused a death. Keep in mind that there is a statute of limitations for when you can file a case so don’t wait to speak with a California injury attorney immediately.

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On Monday, March 20, 2017, a head-on collision killed two people in Folsom while they were driving on White Rock Road, close to the intersection with Prairie City Road, according to the California Highway Patrol.

The crash occurred at about 8:20 a.m. on White Rock Road, south of Highway 50, and involved three vehicles when it was all over. California Highway Patrol Spokesman, Officer Tommy Riggin, reported that a vehicle heading westbound and driven by a 41-year-old El Dorado Hills man was speeding into oncoming traffic when it collided with an eastbound vehicle being driven by a 21-year-old woman.

A third vehicle was also involved in the collision when the woman operating the vehicle came upon the collision, spun out of control and barreled into the crash. CHP reported that the wrong-way driver and the 21-year-old woman were killed and pronounced dead on the scene. The third driver, identified as a female, received moderate injuries.

The driver at fault was identified on the Sacramento County Coroner’s Office website as Christopher Haynes. The deceased woman’s name has not been released and is pending notification of her family.

CHP Lt. Brandon Straw said that a report of a wrong-way vehicle traveling at 80 to 100 mph came into dispatchers one minute before the fatal accident occurred. CHP says that this was an avoidable tragedy and that they are thankful the vehicles involved did not have any passengers as they likely would have sustained life-threatening injuries as well.

According to Straw, there will be an investigation, “We will have to do interviews with people who were close to him, friends and family, we will want to see what his mindset was. Driving on the wrong side of the road at the speeds he was going was a tragedy waiting to happen. And it did happen. An innocent person lost her life this morning.”

The road was closed for about four hours following the incident.

Case for Wrongful Death?

When an individual’s death is caused by the negligence or wrongful act of another, the surviving family members, or other eligible parties, can bring a wrongful death suit and attempt to recover damages caused by the negligent act. Compensation to the plaintiff could include costs associated with the death, such as medical bills or funeral costs, and can also include compensation for labor/services/ support that the decedent will no longer be able to perform and provide.

The most important part of a wrongful death case is establishing negligence. We don’t like to comment on the prospects of a situation before knowing all the details, but it looks like a case for negligence could be made with regards to the above situation.

After negligence is proven, experienced wrongful death auto accident attorneys in Sacrament CA would begin to establish and prove, the amount of damages.

Call a Sacramento Accident Attorney at the Weinberger Law Firm Today.

Wrongful death cases are incredibly complex and determining the proper damages to seek can make or break a case. It may seem obvious to you that the death of your loved one was the result of someone else’s negligence or wrongful act, but what you may not understand is that winning your case will be dependent on far more than proving negligence. Call our Sacramento accident lawyer for a free consultation at (916) 357-6767 today!