Posted on Monday, October 15th, 2018 at 1:12 am
Losing a loved one is never easy. However, when the death is preventable, the family may be entitled to compensation for damages. Money will not bring back your loved one. However, a monetary judgment is the only remedy available in a wrongful death case.
Our Sacramento wrongful death attorneys represent families who have lost loved one as a result of:
- Automobile Accidents
- Medical Malpractice
- Defective Products
- Animal Attacks
- DUI Accidents
- Pedestrian Accidents
- Bicycle Accidents
If you have experienced the loss of a loved one through negligence or other wrongful acts, call now for a free consultation with a Sacramento wrongful death lawyer.
Who Can File a Wrongful Death Claim in California?
A wrongful death claim is different from a criminal case. In a criminal case, the state brings charges against the party who caused the death. However, family members may bring a civil action for wrongful death.
Under California’s wrongful death laws, several people may have a claim. Depending on the circumstances, a claimant in a wrongful death lawsuit may include:
- Surviving spouse or domestic partner
The first step in filing a claim is reviewing your case with an attorney experienced in filing wrongful death claims. Only one wrongful death lawsuit may be filed when a person dies. Therefore, it is extremely important that everyone who might have a claim to be named as a party to the lawsuit. Our attorneys review your case to determine who should bring the wrongful death claim and the damages that may be available in a wrongful death lawsuit.
Damages and Compensation for a Wrongful Death Claim in California
The family in a wrongful death case may recover compensation for a variety of damages. The damages and the amount of compensation awarded in a wrongful death case depend on several factors. In many cases, the surviving family members receive compensation for damages including:
- Medical expenses from the date of injury through the date of death
- Funeral, cremation, and burial expenses
- Loss of financial support
- Loss of companionship
- Emotional pain
- Loss of services
To recover compensation for wrongful death, you must file your claim within two years of the injury or death. However, there are exceptions to this rule. If the wrongful death is related to medical malpractice, the claim must be filed on within one year of discovering the malpractice or three years of the date of the malpractice, whichever date is the earliest.
For claims that involve a government agency, you must file an administrative claim within six months to preserve your right to pursue a wrongful death claim. Because there could be other exceptions that apply to your case, it is best to consult with a Sacramento wrongful death attorney as soon as possible.
Contact a Sacramento Wrongful Death Attorney
If your loved one died because of the wrongful and negligent acts of another party, the Tiemann Law Firm can help. Please call (916) 999-9000 to schedule a free consultation with one of our attorneys. You and your family deserve justice.