Sacramento Wrongful Death Lawyer

What Qualifies as Wrongful Death in Sacramento, California?

A wrongful death occurs when caused by the intentional, negligent, or reckless actions of another person or party, as defined under the State of California’s Code of Civil Procedure Section 377.60.

Suppose your family member’s wrongful death was caused by another person or party’s negligent or wrongful acts. In that case, you must satisfy all of the legal elements of negligence to bring a wrongful death action. 

The elements of negligence include:

• The responsible party owed a specific duty of care to the victims;
• The party violated that duty of care in some way;
• The violation resulted in the accident and injuries that caused the death; and
• The death led to financial losses to you and other claimants.

The negligent or careless acts of a person can result in a fatality in different ways. For example, a distracted driver who hit a pedestrian at a crosswalk could be held accountable for wrongful death. On the other hand, murder is intentional wrongful death caused by a person’s deliberate and reckless behavior.

What Kinds of Accidents May Lead to a Wrongful Death Lawsuit in Sacramento?

Examples of situations that could lead to a potential wrongful death lawsuit include: 

• A car, motorcycle, or truck accident
• Exposure to occupational dangers or substances
• Medical malpractice
• Safety hazards in public areas
• Animal attacks

In some cases, the death is caused by a defective product rather than another person. For example, if an airbag failed to deploy during a car accident, which led to a person’s death that would have been survivable if the airbag worked, the car manufacturer may be held responsible for the wrongful death.

What Types of Damages Are Available in a Sacramento Wrongful Death Case?

Under California law, the decedent’s surviving spouse, partner, children, or other family members can sue the liable party for damages. The court determines whether the responsible party is legally accountable for the death, along with what damages should be awarded to the victim’s family or estate.

In California, the courts may award monetary damages, which can include reimbursement for the following:

• Medical costs
• Funeral, burial, and cremation expenses
• Loss of emotional support
• Loss of financial support the victim would have provided
• Loss of consortium for a spouse
• Loss of parental guidance for a child

A skilled wrongful death attorney can determine your potential damages by analyzing details of your case, such as the decedent’s age, future earning potential, and your family’s financial situation resulting from their death.

A judge may award punitive damages in cases where a wrongful death results from a person’s malicious intent. Punitive damages are awarded to punish the defendant for their actions that resulted in your loved one’s death. Keep in mind that punitive damages are not awarded in every wrongful death case. A Sacramento wrongful death attorney from the Law Offices of JG Winter can help calculate the type and amount of damages your case may be worth.