West Sacramento Wrongful Death Lawyer
According to a survey published by Bankrate, approximately 57 percent of Americans do not have enough money to withstand a $500 unexpected expense. The survey revealed that only four out of 10 Americans said they had enough money in their savings to sufficiently cover an unanticipated $500 cost. Another 21 percent said they would rely on a credit card, while another 20 percent said they would try to reduce their expenses. Imagine waking up one day and discovering that your spouse or parent died in an automobile accident. In the flash of a moment, you are confronted with covering all of the family expenses without the financial support of your loved one.
This means the ramifications of a deadly accident can reverberate far beyond the person who lost their life. An unexpected death can leave families destitute and in financial turmoil.
Fatal accidents are common in and around West Sacramento if that is not bad enough. Take, for example, the tragic accident involving a motorcyclist who collided with an SUV. This deadly collision occurred on Highway 50, just east of Harbor Boulevard. The operator of the Yamaha motorcycle was ejected after hitting the SUV. As a result, the motorcyclist lost his life. This means the motorcyclist's family may struggle with the financial strain that often comes with this loss.Taking Legal Action Through a Wrongful Death Claim
When a family loses a loved one in a preventable accident, they have the legal right to pursue monetary compensation from the negligent driver's insurance company through a civil wrongful death claim.
Suppose your loved one lost their life due to negligent actions or inactions of a city or local government employee. You only have a finite period to file this claim. According to the California Code of Civil Procedure § 335.1, there is a two-year limitation from the accident date to file a wrongful death lawsuit against the defendant. In that case, the limitation period is confined to six months after the fatal incident under California Government Code § 911.2.Wrongful Death Case Different from Criminal Case
You may be thinking, "If my family member died due to the wrongdoing of another person, wouldn't it be the responsibility of the State Attorney General's Office to take legal action?" Yes, it is true that, in some deadly auto accidents, criminal charges may be brought against the negligent driver, especially if there is evidence that the driver was heavily intoxicated, texting and driving, or traveling at a high rate of speed. But it is essential to understand that even if the state brings a criminal case, the victim's family retains the right to pursue a civil claim in a West Sacramento civil court.Who Can File a Civil Wrongful Death Claim?
Along with understanding the distinction between a civil and criminal case, it is essential to know that a wrongful death case can only be brought by specific family members in a West Sacramento court. Under California law, the surviving family members empowered to pursue a wrongful death claim include a surviving spouse, surviving child, surviving sibling, surviving parent, or other members of the decedent's family. In addition, only one claim can typically be filed in court. That means if a spouse and a sibling of the decedent file two separate lawsuits, a court will likely consolidate those cases into one case to promote judicial efficiency.
For more information on a wrongful death claim, watch the following video:West Sacramento Wrongful Death FAQ
What can be recovered through a wrongful death claim?
To help alleviate the financial strain often associated with a sudden loss of life, the California legislature enacted a series of statutes that enable a surviving family member to seek monetary compensation for any medical bills incurred by the victim before their passing. For example, suppose a victim suffered severe bodily injuries in a collision with a tractor-trailer and received emergency care at a local hospital. In that case, those bills can be reimbursed through a wrongful death claim. In addition, you can pursue reimbursement for the cost of the funeral and burial of your loved one. Furthermore, you can seek compensation for the reasonable future earnings of the victim, based upon a projection of what they would have earned had they lived. You can also seek compensation for non-economic damages such as pain, suffering, and mental anguish.
What are the benefits of retaining a wrongful death attorney?
Filing a wrongful death claim against the negligent driver who took your loved one's life can be stressful and emotionally draining. Filing this claim will require sufficient documentation of the loss and negotiating with the negligent driver's insurance company. For those unfamiliar with the legal process, the thought of haggling with an insurance adjuster after losing a spouse, child, parent, etc., is horrifying. That is why it makes sense to retain a wrongful death attorney to take that burden off your shoulders. An experienced accident lawyer will be equipped to take on the multitude of tasks and responsibilities associated with pursuing a wrongful death claim, including contacting any eyewitnesses who saw the collision, reviewing the accident report, compiling medical records and financial statements, filing a lawsuit, taking depositions, etc. and so forth. You should focus on picking up the pieces of your life and getting through the grieving process.West Sacramento Wrongful Death Lawyer
The loss of a loved one in an auto accident, tractor-trailer wreck, crosswalk accident, or any other preventable accident is a devastating event for any family. If you need an experienced attorney to fight for your rights after an accident, please don't hesitate to call us at (916) 921-6400 or (800) 404-5400 for free and friendly advice. You can also find us online at AutoAccident.com. See our past Verdicts and Settlements on our website.
Editor's Note: updated [cha 9.13.23] sid rey [cs 986]