Losing a loved one is a devastating experience, no matter the circumstances. It’s especially devastating, however, when the death resulted from an accident that didn’t have to happen.
If you have recently lost a loved one because of the negligent action or inaction of another, the Sacramento personal injury lawyers at Tiemann Law Firm are here to help and want you to know that you are not alone. While no amount of compensation can begin to replace the life of the loved one who was taken from you, it can go a long way in covering medical bills, funeral expenses, and other costs related to the accident and death.
There are legal options for the surviving family members of a loved one who dies due to another party’s reckless or careless behavior. By working with a serious and compassionate wrongful death attorney, you and your family will have the best chance possible at securing financial compensation to cover damages.
To learn more about how the Sacramento wrongful death lawyers at Tiemann Law Firm can help, call us today at (916) 999-9000 and schedule a free consultation to discuss your case.
Why Do I Need a Wrongful Death Lawyer?
This can be an incredibly trying time for you and your family. As you grapple with the reality of losing a loved one, the last thing you want to do is navigate the complicated and frustrating path of filing a wrongful death injury claim or lawsuit. To do that, you need a skilled and experienced lawyer who specializes in these types of cases, knows the pitfalls, and more importantly, knows how to avoid them.
There are a number of specific advantages to hiring a Sacramento wrongful death lawyer. While you take the necessary amount of time to properly grieve and spend time with your loved ones, Tiemann Law Firm will get right to work investigating and documenting every detail of your claim so we can build the best case possible.
Wrongful death claims are notoriously complex and require manpower and resources you simply cannot access on your own. This includes working with experts across multiple fields who can determine fault and prove that the death was a direct result of someone’s negligent action or inaction.
A Sacramento wrongful death lawyer will also handle all communication and negotiations with the insurance company, so you don’t have to worry about saying or doing something that could jeopardize your claim. In the event that the insurance company refuses to pay or does not agree to the full value of your damages, we won’t hesitate to argue your case in the courtroom. With a qualified legal professional by your side, you can focus solely on yourself and your family, knowing your case is in good hands.
Why Hire Tiemann Law Firm?
Wrongful death cases are incredibly sensitive and have to be handled with compassion, respect, and urgency. At Tiemann Law Firm, we approach every case with these ideals in mind and make our clients feel welcome from the moment they step through our doors to the moment we win.
To our Sacramento wrongful death lawyers, you aren’t just another name on a list of clients. You will be a top priority for us throughout the duration of your case. We will work closely with you to ensure that we meet your legal goals.
Who Can Sue for Wrongful Death?
Believe it or not, surviving family members haven’t always been able to sue for wrongful death in California. Under the California wrongful death statute, certain family members can now take legal action to hold the responsible party accountable. This includes the following people:
- The surviving spouse or domestic partner
- The deceased’s surviving children
- In the event there are no surviving family members in the victim’s line of descent, any person “who would be entitled to the property of the decedent by intestate succession” can take action. This includes parents or siblings.
The statute also allows for special circumstances in the event that someone was financially dependent on the deceased. This can include the deceased’s putative spouse and any children born to the putative spouse, stepchildren, or the deceased’s parents. If you are unsure whether you or another family member can take legal action on behalf of the deceased individual, get in touch with a Sacramento wrongful death lawyer right away.
What Kind of Compensation Can I Expect?
First of all, we understand that no amount of money can even begin to fill the void left from losing a loved one. Still, financial compensation can go a long way in avoiding bankruptcy and securing you and your loved one’s future. This is especially true if the deceased was the family’s primary source of income.
When a life is cut short because of someone else’s actions, surviving family members can recover a range of both economic and non-economic damages. Damages are divided based on whether they are paid to the estate for losses related to the death or to the surviving family members for losses they’ve personally suffered. This includes the following:
- The cost of funeral and burial
- Cost of cremation
- Medical bills from any care or treatment the deceased received prior to death
- Lost income or future income the victim would have received
- Lost inheritance
- Mental and emotional pain and suffering
- Loss of companionship
- Loss of care, support, and guidance
- Loss of financial support
- Loss of consortium
The exact amount surviving family members can expect depends on a variety of factors in your case. At Tiemann Law Firm, we promise to investigate every part of your case and go after every dollar you are owed. To get a better idea of how much you can recover, schedule a free consultation today.
Frequently Asked Questions
As a surviving family member interested in filing a lawsuit on behalf of a deceased loved one, we know you have a lot of questions. This is a very specialized area of the law and more than likely a subject you never expected to learn anything about. To get all of your questions answered, don’t hesitate to call Tiemann Law Firm today.
Here are some of the most common questions and answers we hear from victims just like you:
Whether or not your case can be considered wrongful death as opposed to accidental death depends entirely on the details of the accident that caused your loved one’s passing. The most fundamental difference is intent and whether the plaintiff acted negligently or recklessly with the purpose of causing harm. For example, if a person is texting while driving and crosses the median to cause a fatal head-on collision, surviving family members could file a wrongful death lawsuit since distracted driving is a form of negligence. However, if a fatal accident occurs while the driver was following all applicable traffic laws, it may be considered accidental death, making it much harder for surviving family members to have a case.
Similar to personal injury claims that only result in an injury, surviving family members who wish to take legal action must do so within a specific time period. This is known as the statute of limitations. For the state of California, the statute of limitations for wrongful death cases is two years from the date of the descendant’s death. If the family fails to take action before the two-year time limit, they will forfeit any chance to file a case and receive financial compensation.
This is a common question and one that affects a number of potential wrongful death claims. Unlike a criminal case brought on by the state of California like homicide, wrongful death claims are civil lawsuits brought by surviving family members or a representative of the deceased’s estate. And while a conviction in a criminal case results in jail or prison time, it does not reward the family with any financial compensation. For that, the family must file a wrongful death lawsuit in tandem with the criminal case. These cases do not have to be filed together as long as the wrongful death one is filed within the statute of limitations.
Contact Tiemann Law Firm Today
Our attorneys have decades of combined experience, and our firm has a well-earned reputation for getting results and justice for our clients. We work day and night to secure the outcome you need to move forward.
If you or someone you know has lost a loved one in a tragic accident and believe someone else was responsible, you may be eligible for financial compensation. Call the Sacramento wrongful death lawyers today at (916) 999-9000 and schedule a free consultation.