We Help Families Financially Recover After Losing A Loved One
The unexpected death of a family member is among the most difficult situations that a family will ever have to face. When the loved one is taken in an accident that occurred because of another person’s negligence, however, it only makes the loss that much more painful to bear. Surviving family members are entitled to be compensated for the losses they have suffered as a result of their loved one’s death.
These are complex and often emotional cases that require the attention of a reliable attorney who knows the law and has the ability to provide the compassionate, supportive representation you need. At The Weinberger Law Firm, our wrongful death lawyers in Sacramento are committed to helping our clients obtain the compensation they are entitled to receive under California law.
What Is Needed To Prove Wrongful Death?
A death is considered wrongful when a person dies as the result of the negligence or intentional act of another person or entity. In California, individuals are required to conduct themselves according to the prevailing standards of behavior to avoid unreasonable risks of harm to others. If a person violates these standards and someone is injured, there may be a case for compensation awarded to the victim. In cases of negligence there must be proof of a breach of duty of care to prove that the accident occurred as a result of a situation that the defendant was aware of and neglected to remedy.
Wrongful death claims are civil lawsuits brought by the decedent’s surviving family or by the decedent’s estate against the responsible party in pursuit of compensatory damages.
Who May File A Wrongful Death Claim?
Only certain people may file a wrongful death lawsuit in Sacramento. California’s wrongful death statute specifies that only the following parties may bring a wrongful death claim:
- The deceased person’s surviving spouse
- The deceased person’s domestic partner
- The deceased person’s surviving children
If the deceased did not have a spouse, domestic partner, or children, the right to file a wrongful death lawsuit would then pass to anyone else who would be entitled to the decedent’s estate by intestate succession, such as the victim’s living parents or siblings. Putative spouses and stepchildren may also be able to file a wrongful death claim if they can show that they were financially dependent on the deceased person.
Our Attorneys Will Help You Through This Difficult Time
We know that no amount of money can ever compensate for the loss of a loved one. In many cases, however, family members fail to realize the material losses they have suffered and everything that their loved one contributed to the household while he or she was alive. Our goal is to provide you with some measure of financial support as you work through this difficult time in your life.
Depending on the circumstances surrounding your case, it may be appropriate to pursue the following damages after a fatal accident:
- Medical and funeral expenses
- Loss of income
- Loss of future inheritance
- Loss of household services
- Care, comfort and society
We work closely with you to understand all of the losses the death of your loved one has brought on your family and seek full compensation on your behalf.