Posted on Friday, February 14th, 2020 at 2:02 am    

Our California wrongful death lawyers handle a variety of cases involving the death of an accident victim. A wrongful death claim can arise from many different situations, including but not limited to:

Almost any personal injury accident can result in a wrongful death. Unfortunately, there are several defenses to wrongful death claims. Our experienced Sacramento wrongful death attorneys are familiar with wrongful death defenses and how to overcome many of the ways people try to avoid taking responsibility for their negligence and wrongdoing.

Defenses to Wrongful Death Claims

There are many different ways a party may try to avoid liability for a wrongful death accident. Four common defenses used by many parties are:

If a death occurs because of a physical altercation or attack, the party causing the death may argue that he or she was only acting in self-defense.

Assumption of Risk
Another wrongful death defense that a party might claim is the assumption of risk. This defense can be used with or without a waiver or release of liability. The party claims that the person who died knew that an activity or action held certain risks of injury or death and decided to participate even though he or she understood the risk.

Comparative Fault
Comparative fault alleges that a victim had some responsibility in the cause of his or her death. For instance, a person was speeding at the time of a deathly car accident; therefore, the victim is partially at fault for the crash that took his life. According to comparative fault laws, the victim is not entitled to full compensation for damages because he contributed to the cause of the accident.

Statutes of Limitation
Wrongful death lawsuits must be filed before the expiration of the statutes of limitation for such claims. Statutes of limitation set deadlines for filing certain types of claims. In most cases, California wrongful death lawsuits must be filed within two years of the date of death.

However, some exceptions can lengthen or shorten the time to file a wrongful death claim. For instance, wrongful deaths arising from a medical malpractice claim usually must be filed within three years of the date of death.

Contact a Sacramento Wrongful Death Lawyer for Help

Losing a loved one is never easy, but it can be very traumatic when the death is unexpected and sudden. Thinking about a lawsuit is usually one of the lowest priorities after the death of a family member. However, as stated above, your time to file a claim is limited.

If you suspect that the death of your loved one was because of the error, negligence, or wrongdoing of another party, contact our office to discuss your situation with an understanding wrongful death lawyer. We can help you investigate the death of your family member to determine whether you have a claim for wrongful death.

Contact The Tiemann Law Firm at (916) 999-9000 or by visiting our website to schedule a free consultation with one of our California wrongful death lawyers.

Client Testimonials

Dawniel Ewing Testimonial

I have nothing but great things to say about this firm. They have been extremely helpful and professional when dealing with my case. Anytime I needed anything or wanted to be updated they responded immediately. They made me feel like they cared. Highly recommend them!

Michael T. Testimonial

I sat down and met with Jelena Tiemann about my vehicle accident.I presented all of my documentation to her in which she gave me her assessment.Although the Tiemann Law Firm wont be representing me because my settlement offer was pretty good she was very clear,forward and professional about what she felt could and couldn't be done.I recommend this law firm to anyone who needs a helping hand at fighting a case where you don't have to worry about the outcome not going in your favor. Please don't review this business if you received a freebie for writing this review, or if you're connected in any way to the owner or employees.

Herb T. Testimonial

The Tiemanns were referred to me by a friend and I am exceptionally happy with the service I received. I had never been in an accident before. I had no idea what to do. Jelena verbally explained how everything would work to me, and she and Peter handled everything. I didn't have to lift a finger once. They went above and beyond for me and I am extremely grateful. I pray I won't ever need this type of assistance again, but I will definitely be referring them to friends and family.

Jennifer T. Testimonial

I highly recommend The Tiemann Law Firm! I had never before been in a situation where I sustained injury and had to seek legal representation. I was nervous, traumatized, and had no idea what to expect. Jelena, Peter, and their staff walked me through each step of the process. They explained everything in detail. They patiently answered all my questions, responded quickly to every email, text message, phone call, etc. I felt totally prepared for each new phase of the legal process. Furthermore, they were fearless in their defense of me. In certain situations, when I felt attacked or scared my attorney protected me like I was family. Their diligence, honesty, integrity, and compassion provided a true sense of healing and closure for my family and I. The Tiemann Law Firm accomplished more for me than I ever thought possible and I am forever grateful.

S.B. Testimonial

Here's the thing... Nobody really thinks much about lawyers until they need one.  Well, we needed one!  The Tieman Law Firm came through for us in a big way. They were professional, courteous, thorough, and had excellent staff as well.  Highly recommended...