Posted on Wednesday, January 3rd, 2024 at 8:00 am
The sudden and tragic loss of a loved one can shatter lives, leaving behind grief in its wake. And when that loss was because of the negligence or wrongful act of another, the emotional burden can be compounded by a sense of injustice.
However, the law recognizes the suffering of surviving family members and provides a legal avenue for them to seek compensation – the wrongful death claim.
Tiemann Law Firm is here and ready to help you. With a committed, compassionate attorney beside you, you will have more time and energy to focus on the healing you and your loved ones must inevitably undergo.
Forewarned is forearmed. We know the value of preparation, and have thoughtfully prepared information that, should you ever find yourself confronted with this tragic scenario, will prove invaluable.
Understanding Wrongful Death
Simply put, a wrongful death claim is a legal action brought by the designated beneficiaries of a deceased person, alleging that their death was caused by the wrongful act or neglect of another party. This claim seeks to recover damages for the financial and emotional losses suffered by the survivors as a result of the death.
Who Qualifies to File a Claim?
State laws vary in defining who can file a wrongful death claim. In most cases, eligible beneficiaries include spouses, children, parents, and sometimes siblings or dependents of the deceased. If there are no surviving family members in the victim’s line of descent, anyone “who would be entitled to the property of the decedent by intestate succession” can step in to assume responsibility.
Elements of a Wrongful Death Claim:
To successfully pursue your claim, we establish the following facts:
- The defendant owed a duty of care to the deceased. This means the defendant had a legal obligation to act in a way that would not cause harm to the deceased.
- The defendant breached their duty of care. This involves demonstrating that the defendant’s actions or omissions directly led to the death of your loved one.
- The breach of duty caused the death. There must be a clear and direct connection between the defendant’s actions and the resulting death.
- The survivors suffered damages. This encompasses both financial losses (medical expenses, lost income, loss of consortium, or lost inheritance, to name a few) and emotional losses (grief, pain, and suffering).
Taking the First Steps
The immediate aftermath of losing a loved one can be overwhelming, but seeking legal guidance is crucial.
Here’s how you can initiate the process:
- Contact a wrongful death attorney. Our attorneys can help you navigate the intricacies of your case, assess your legal options, and advise you on the best course of action.
- Gather evidence. This may include medical records, accident reports, police reports, witness statements, and any other relevant documentation.
- Understand the emotional toll. The legal process can be emotionally challenging, so we will help prepare you for potential delays and difficulties. We handle your case with dignity, respect, and urgency. You are not just another name on our list of clients. You are a human who needs help, and we will do everything in our power to ensure that we deliver the results you deserve.
These cases are known for their complexity and difficulty, so don’t delay. If you have suffered a tragedy and require the services of an experienced Sacramento wrongful death attorney to make things right, contact us as soon as you can.