SACRAMENTO WRONGFUL DEATH ATTORNEYS

Providing Empathetic Legal Support for Grieving Families

Losing a loved one unexpectedly is one of the most difficult of all experiences. The thought that someone else’s negligence led to your loss only magnifies your feelings of pain and sense of well-being.

At Dreyer Babich Buccola Wood Campora, nothing can fully compensate you for losing a family member. No amount of money can take away your grief. However, we can help you pursue maximum compensation to relieve you from the stress of future financial concerns and provide satisfaction from knowing that the wrongdoer was made to pay. We can also help make changes on a larger scale, so what has happened to you will not happen to anyone else.

Our Sacramento wrongful death lawyers are personable, caring advocates who will respond to your concerns as they arise. Our mission is to obtain justice for you and hold the at-fault party fully accountable for their actions.

If you are considering a wrongful death claim in Sacramento, we invite you to reach out to our team by calling (916) 999-9132 or sending us a message online. Our wrongful death lawyers in Sacramento are here to explain your options and help you get started.

Understanding Wrongful Death Litigation & Civil Liability

A wrongful death claim is available for surviving family members who believe their loved one died as a result of negligence or misconduct. This civil action seeks to hold at-fault parties liable regardless of whether they are held criminally accountable. In other words, someone can be held liable for the wrongful death of an individual without facing criminal charges.

Our team is equipped to navigate the complexities of wrongful death litigation, offering thorough legal guidance tailored to your unique circumstances. We assist families in understanding how the law applies to their case and provide strategic advice on how to proceed. This includes evaluating evidence, interviewing witnesses, and collaborating with experts who can testify on the circumstances leading to the wrongful death.

Various situations could give rise to this claim, such as:

• Car accidents
• Truck accidents
• Motorcycle accidents
• Bicycle accidents
• Pedestrian accidents
• Bus accidents
• Explosions and fires
• Pool accidents/drowning
• Defective products

Key Elements of a Successful Wrongful Death Claim

To have a basis for a wrongful death claim, the plaintiff must show four general conditions:

• The first is that somebody must be dead.
• The second is that the death was the result of negligence or an intent to cause harm to the deceased.
• The third is that there are family members who are suffering monetarily on account of the death.
• The last is that there must be a representative who represents the estate of the deceased.

While the person filing a wrongful death claim has the burden of proof and must show all elements are present, the burden of proof is not as onerous as in other types of claims. In criminal cases, for example, the prosecution must prove their claim beyond a reasonable doubt. In a wrongful death claim, the standard is to show a preponderance of the evidence. A preponderance of evidence means simply showing that there is a very high likelihood that something happened.

Understanding these elements can be daunting, so our team is committed to guiding you through each step. To build a compelling case, we meticulously gather crucial evidence, such as medical records and accident reports. Our attorneys work closely with financial experts to quantify the full extent of the financial loss incurred, ensuring we present a thorough and persuasive argument on your behalf.

The bottom line with wrongful death claims is that the court will want to see clear proof that the situation occurred the way claimed and that it led to a death, causing financial hardship to the surviving family members.

Local Sacramento Insights & Wrongful Death Legal Landscape

Sacramento has a unique legal landscape when it comes to wrongful death claims. Understanding local statutes and government regulations is crucial to navigating these claims effectively. California's statute of limitations dictates that a wrongful death claim must be filed within two years from the date of death. This time sensitivity underscores the importance of promptly consulting with experienced attorneys like those at Dreyer Babich Buccola Wood Campora, LLP. Specific highways and road conditions in the Sacramento area often play a role in auto-related wrongful death claims.

Additionally, Sacramento is home to various resources and advocacy groups that support families affected by wrongful deaths. These include local bereavement support groups and state-funded programs that assist and counsel grieving families. Dreyer Babich Buccola Wood Campora, LLP is dedicated to leveraging these resources to assist our clients further, ensuring they receive comprehensive support throughout the legal process. By understanding the intricacies of Sacramento's legal environment and the resources available, our firm is better equipped to provide personalized and effective representation tailored to the needs of our community.

These localized insights emphasize the importance of timely legal action and highlight the supportive network within Sacramento, which can be crucial for families seeking justice and healing.

What Are the Eligibility Requirements for Filing a Wrongful Death Claim in California?

When negligence causes the death of an innocent victim, the decedent’s survivors have standing to file a wrongful death claim. However, in most states, there are restrictions on who can sue.

In California, the laws surrounding eligibility can be intricate, requiring a careful examination of familial relationships and financial dependencies. Our attorneys are adept at deciphering these legal nuances to ensure rightful parties can file a claim without delay. We extend our services to analyze any potential legal hurdles, offering practical solutions to overcome them. This proactive approach allows families to focus on healing while we handle the complexities of the legal procedure.

California allows wrongful death claims from:

• A spouse or domestic partner
• Children
• Grandchildren (if the decedent’s children are all deceased)
• Those who were financially assisted by the decedent

In some circumstances:

• A “putative spouse”
• Stepchildren
• Parents
• Legal guardians
• And others

Each state has different rules regarding who can bring a wrongful death claim, so depending on where you are, your rights may vary. Our wrongful death attorneys in Sacramento can help you understand the laws that will affect you and determine whether you are eligible to bring a claim. Call Dreyer Babich Buccola Wood Campora to learn more.

Comparing Wrongful Death Claims & Survival Actions

A wrongful death claim allows you to recover compensation for losses you have or will face due to the death of your loved one, but in some states, these claims do not cover damages accrued before death, such as hospital bills or the decedent’s pre-death pain and suffering. California is one such state in which the survivors of the decedent must file both a wrongful death claim and a survival action to fully recover for their losses.

Our attorneys are well-versed in differentiating between wrongful death claims and survival actions, and we are devoted to helping our clients understand the distinct benefits of each. Through comprehensive consultations, we ensure families are informed about the nuances of each action and the potential compensation recoverable under each. Our team strategically develops an approach that maximizes recovery, addressing both immediate and future financial needs resulting from the loss of a loved one.

Scope of Compensation in Wrongful Death Claims

Losing a loved one has significant costs, both monetarily and emotionally. The goal of pursuing a wrongful death claim is to “make whole” the survivors of the decedent.

Beyond these monetary damages, families also experience the profound impact of losing the emotional and moral support that the deceased provided. Addressing this, we aim to secure compensation that acknowledges these intangible losses. Our firm actively works to gather narratives and testimonials that authentically represent the emotional vacuum left behind. By doing so, we ensure that the court fully understands and appreciates the depth of the loss endured by surviving family members.

They address damages like:

• Funeral and burial expenses
• Loss of past and future wages and benefits that have been earned by the decedent
• Loss of retirement benefits
• Loss of inheritance
• Loss of services
• Loss of love, companionship, comfort, care, and more
• Loss of consortium

Understanding Survival Actions & Their Benefits

A survival action, on the other hand, is meant to address the damages the deceased suffered before their death. They are often brought by a representative of the decedent’s estate, regardless of whether that person is directly related to the decedent.

Many families may not know these claims are separate from wrongful death claims, and navigating between the two can be challenging. Our legal team provides expert guidance in filing both wrongful death and survival actions to ensure all avenues of compensation are pursued. By collaborating closely with estate representatives, we ensure these claims are suitable to recoup expenses like medical costs and any pre-death financial burdens faced by the deceased, helping to maximize the compensation awarded to the family.

If your loved one was injured and hospitalized for a significant period before passing away, the damages recoverable through a survival action may be significant. If they passed away at the scene of the accident, the decedent’s estate may only have limited rights to bring a survival action. After hearing what happened, our attorneys can help you understand your rights and recommend a particular litigation strategy.

Damages recoverable in survival actions are:

• Medical bills
• Property damage
• A decedent’s pre-death pain and suffering

Proven Success in Securing Justice & Maximum Compensation

We have represented hundreds of families throughout California and even nationwide in wrongful death claims. Here are only a few of the multimillion-dollar case results we have obtained:

• $70 Million - This action involved a trial against Ford Motor Company for the wrongful death of a 45-year-old man, after a defective tire caused a rollover accident.
• $19.2 Million - This claim involved a faulty tire repair resulting in wrongful death. This verdict is the largest compensatory damage verdict ever in San Diego County.
• $16.6 Million - This claim involved the highly publicized death of a 28-year-old mother who participated in a contest resulting in the decedent consuming a large quantity of water that ultimately resulted in significant brain hemorrhaging and her death.
• $14 Million - Two boys died after jumping into a water canal in an attempt to rescue a dog. As the boys climbed out of the canal, they grasped an energized metal railing and were electrocuted.
• $6.7 Million - Plaintiff was on a motorcycle and was killed when the defendant driver, an employee of Sacramento Rendering Company, pulled out in front of him.
• $6.7 Million - A 60-meter meteorological evaluation tower (MET) that had been erected in April 2009 took the life of well-known and respected Northern California agricultural aviator Steve Allen.
• $6.5 Million - This was a wrongful death claim involving a 33-year-old off-duty sheriff’s deputy on his way to work.
• $6 Million – Truck turned left in front of an oncoming motorcyclist who was killed and initially blamed for driving too fast.
• $5.5 Million - This claim dealt with a marine/boating incident where a shuttle boat pulled away before our client could get onto the shuttle, causing her to fall between the two vessels.
• Confidential Settlement – This wrongful death claim was against Polaris for a young woman who died of her burns.

Frequently Asked Questions About Wrongful Death Claims

What Is the Deadline to File a Wrongful Death Claim in Sacramento?

Based on California law and applicable in Sacramento, the statute of limitations for filing a wrongful death claim is generally two years from the date of the deceased person’s death. This means you have a limited time to initiate legal proceedings, and it's crucial to take timely action to ensure your rights are protected. In certain circumstances, such as discovering that the cause of death was due to negligence later on, the statute of limitations might differ.

It's advisable to consult with a Sacramento wrongful death attorney as soon as possible to ensure all avenues for filing a claim are considered and that important deadlines are not missed. Acting promptly is key to collecting relevant evidence, contacting witnesses, and building a strong case.

What Are the Benefits of Hiring a Sacramento Wrongful Death Lawyer?

Engaging a Sacramento wrongful death lawyer offers numerous benefits to families navigating such difficult times. Seasoned attorneys provide local insight and knowledge of Sacramento-specific court procedures and are familiar with the local judiciary, which can be a substantial advantage in achieving a favorable settlement.

In addition to handling all legal complexities, a qualified lawyer will fiercely advocate on behalf of the family to pursue maximum compensation for losses suffered. This includes addressing both current and future financial implications, allowing family members to focus on healing while the lawyer works diligently to uphold their rights and ensure justice is served.

How Can I Begin My Wrongful Death Claim Process?

Initiating a wrongful death claim in Sacramento involves several essential steps. First, contacting a knowledgeable attorney from Dreyer Babich Buccola Wood Campora, LLP is key. Our team will comprehensively evaluate the circumstances surrounding the death and provide a clear outline of legal rights.

Once it is determined that there are grounds for a claim, we collect pertinent documents, such as medical records and witness statements, while advising you on immediate actions needed to preserve the claim's integrity. Starting with an expert consultation ensures a smooth path forward in an emotionally fraught experience.

Contact Our Sacramento Wrongful Death Attorney Today

For straightforward, honest counsel about your family’s legal options after the death of a loved one, call our lawyers. We offer caring guidance backed by thorough explanations of your rights. Deciding how to proceed after a loved one’s death is complex, and we do what we can to make handling the legal aspects as pain-free as possible.

For over 35 years, our Sacramento wrongful death lawyers have helped people like you fight for justice after losing a loved one. When you need us, we are here.

Contact Dreyer Babich Buccola Wood Camporatoday at (916) 999-9132for a free consultation with our Sacramento wrongful death lawyer.