Losing a loved one is a devastating experience, made even more painful when their passing was entirely preventable. When a fatal accident occurs because of another person’s negligence or reckless behavior, the emotional and financial fallout can completely overwhelm a family. During this difficult time, you should not have to carry the heavy burden of medical bills, funeral expenses, and lost financial support alone. At Berg Injury Lawyers, we provide the compassionate legal guidance and aggressive advocacy your family needs to navigate the path forward.
You do not have to handle this legal battle by yourself while you are grieving. Our experienced Sacramento personal injury lawyers understand the nuances of California wrongful death laws and survival actions. We operate under a No Fee Guarantee, meaning you pay nothing unless our team wins your case. Contact Berg Injury Lawyers today to schedule a free, no-obligation consultation.
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Understanding Wrongful Death in California
Wrongful death occurs when someone dies because of another person’s negligence or intentional harm. In California, to be eligible for wrongful death damages, your case must satisfy the following criteria:
- The death must have been caused by another’s wrongful act, negligence, or liability.
- There must be surviving family members who are suffering financial harm due to the death.
In a wrongful death lawsuit, you may be able to claim compensation for funeral and burial costs, lost earnings, and the loss of companionship and household contributions. Additionally, it can include medical bills that the deceased incurred due to the incident before their passing.
Who Can File a Wrongful Death Claim in Sacramento?
In Sacramento, a wrongful death suit can be filed by the decedent’s surviving spouse, domestic partner, children, and other direct family members entitled to inherit under intestate succession. Dependents such as stepchildren and minors who lived with and depended on the decedent for support, as well as parents and legal guardians, may also assert a claim.
California’s intestacy statutes designate who can receive damages and at what proportion if someone dies without a will. For instance, if the victim of a fatal accident leaves behind children with their current spouse as well as children from a previous marriage, the current spouse would receive one-third of the estate. The remaining two-thirds would be divided equally among all of the deceased’s children.
To establish your legal standing, you may need to demonstrate your relationship to the deceased and prove your financial dependence on them. Challenges often include contesting wills, proving dependency, or disputes among heirs.
Our attorneys can help navigate these complexities, advocating on your behalf throughout the legal process during this difficult time. We can help ensure your rights are protected and the at-fault party is held responsible for the harm they caused you and your family.
Wrongful Death and Survival Actions in California
When a wrongful death occurs in California, there are two separate legal claims that can be filed. Often, wrongful death claims and survival actions are filed in the same lawsuit. However, they compensate for different losses and may benefit different surviving loved ones.
Here is a breakdown of how each works:
- Wrongful Death Claims: These are brought by family members, as mentioned above, and they cover the loss of financial support, funeral and burial costs, and loss of companionship and emotional support.
- Survival Action: Filed by a personal representative or successor of the estate, these claims recover damages the deceased could have claimed if they had survived, including medical bills, lost wages, and property damage incurred before death.
Families must have an experienced Sacramento wrongful death lawyer to help navigate these claims. A lawyer will understand the ins and outs of both claims and the compensation recoverable under each.
Common Causes of Wrongful Death
Wrongful death can happen unexpectedly and is often the result of personal injury accidents, including:
- Car Crashes: Wrongful death can result from auto collisions caused by reckless driving behaviors like speeding or driving under the influence. Here in Sacramento, many fatalities happen from crashes on roadways such as I-5, Highway 99, and Highway 160.
- Medical Malpractice: A medical error or oversight in diagnosis or treatment can result in wrongful death if it leads to a patient’s death. For instance, if your loved one died after being given the wrong dosage of medication or after an unnecessary surgery, you may have a valid claim.
- Workplace Accidents: Employers may be subject to wrongful death claims if they do not provide a safe working environment or disregard safety regulations, resulting in a fatal incident. If your loved one’s employer failed to follow safety protocols in the workplace or did not supply the required safety equipment, you might have grounds for a lawsuit.
How Wrongful Death Happens Here in Sacramento
Considering that Sacramento is a major hub for the following industries, there are many ways in which negligence and wrongful death occur:
- Hospital and Healthcare Systems
- Industrial Growth
- Nearby Agricultural Industry
- Major Construction
- Elder Care Services
Sacramento’s growth has increased traffic, construction sites, and healthcare demand, and has placed a burden on an already overloaded infrastructure. As the city continues to grow, so will the activity that contributes to fatal accidents. Unfortunately, more families will have to face this devastating reality, and we want to be there for them.
When someone’s negligence causes a loved one’s death, it adds an extra level of grief that can feel unbearable for families. That’s why it’s important to allow an experienced lawyer to steer the legal process while the family focuses on healing.
Why Choose Our Sacramento Wrongful Death Lawyers?
At Berg Injury Lawyers, our Sacramento wrongful death lawyers understand the immense grief and confusion that follows the loss of a loved one to a tragic accident. We’ve helped families across Sacramento and in nearby communities like Folsom, Rancho Cordova, and Elk Grove get justice for their unthinkable losses.
With over 40 years of experience, our firm has provided compassionate and tailored legal representation to help ensure the needs of grieving families are prioritized. When you choose us, you get a dedicated team of attorneys, case managers, and investigators who connect you with support services and fight for the best possible outcome for your case.
We want every client to focus on their emotional healing while we handle gathering medical records and evidence from local hospitals, communicating with Sacramento law enforcement, and any other investigative steps needed to support their claim during this devastating time. And if you don’t win your case, you pay nothing.
Contact Our Sacramento Wrongful Death Lawyers
If you’re coping with the loss of a spouse, partner, child, or parent due to wrongful death, our experienced personal injury attorneys are here to help. At Berg Injury Lawyers, we provide the compassionate legal guidance and aggressive advocacy your family needs to navigate the path forward. We can assess your case and explain your legal options to help you decide the best way forward for your family.
We operate under a No Fee Guarantee, meaning you pay nothing unless our team wins your case. Take the first step toward holding the at-fault parties accountable for the harm they have caused. Contact Berg Injury Lawyers today to schedule a free, no-obligation consultation with a dedicated Sacramento personal injury lawyer.
