It is always sad when a loved one passes away, especially so if a loved one passes away due to the actions or negligence of someone else. Those responsible should be held accountable, which is where we can help you. At the Law Offices of Ryley Hoffman, we are here to protect your rights and defend your interests.
Learn more about what constitutes a wrongful death in Sacramento, California, below and schedule a free consultation with our attorney.
When your loved one passes away, you deserve to honor their memory regardless of the situation. At the same time, if there is a legal situation on your hands, it requires your full attention. That is where a Sacramento wrongful death attorney can help you.
First, a wrongful death lawyer can gather evidence and file motions to ensure you understand exactly what happened. That way, the circumstances are clear, and you will understand what you can do next.
Then, a wrongful death attorney can pursue damages on your behalf if appropriate. You might be able to use these damages to cover medical expenses, pay for a funeral, and make sure you and your family are taken care of for the foreseeable future.
So, what exactly constitutes a wrongful death in the state of California? If you want to prove a wrongful death in California, you will need to prove that the defendant's actions or inaction substantially contributed to the death of your loved one. You will also have to prove that your loved one would not have died if the defendant did not breach their duty.
Therefore, you may have to prove that the defendant had a duty of care to your family member, that the defendant was either negligent or intentionally harmful, and that your loved one would not have passed away if the defendant did not neglect their duty or take the action that they took.
There are a variety of individuals and entities that could be responsible for the death of a family member. Of course, every case is different, and you need to work with a wrongful death lawyer who can review the situation and ensure that all responsible parties are held accountable.
A few examples of situations where there might be a wrongful death case include:
Because there are so many situations where a wrongful death case could arise, you need to work with a professional who can review the circumstances and ensure you understand exactly who could be held responsible for the death of your family member.
Just because a family member passed away doesn't necessarily mean you can file a wrongful death case. In general, there is a hierarchy when it comes to filing a wrongful death case in Sacramento, CA.
For example, the children of someone who has passed away may be able to bring a wrongful death case in CA. Or, the person's parents might be able to file a wrongful death case for the attention of the court system. There are also situations where the siblings of someone who has passed away may be able to file a wrongful death case, but in general, they are only allowed to file a lawsuit if the person who passed away does not have any living children or parents.
So, what exactly constitutes a wrongful death case? If your family member passed away, it doesn't necessarily mean it was a wrongful death. After all, some situations constitute natural causes, but other situations may include a wrongful death case.
Some of the most common examples of wrongful death cases include the following:
If someone passes away because they were assaulted, murdered, or killed by a driver under the influence of drugs or alcohol, it could constitute a wrongful death situation. Yes, the acts listed above may sound like criminal situations, but just because there is a criminal case doesn't necessarily mean there cannot also be a civil case.
Furthermore, suppose a defendant was convicted of a crime in the death of your family member, regardless of the circumstances. In that case, there is a chance that you may also be victorious in the civil court system. If a criminal act killed your family member, you should reach out to a wrongful death attorney to see if you can bring a wrongful death lawsuit against the defendant.
There are plenty of situations where motor vehicle accidents could result in someone else's death. Even if not a criminal situation, motor vehicle accidents could constitute a wrongful death case.
For example, the other driver may have been speeding, or the other driver may have run a red light. Both of these situations could result in a wrongful death, and you need to reach out to a wrongful death attorney who can review the case and ensure a wrongful death lawsuit is filed on time if appropriate.
Product liability cases can also result in a wrongful death lawsuit. For example, your family member may have been using heavy equipment manufactured improperly. Then, as a result, your family member may have gotten hurt and passed away. If the manufacturer made a mistake that directly or proximately contributed to the death of your loved one, it could result in a product liability case.
Or, your loved one may have been killed by a medication manufactured improperly. This is another situation where the pharmaceutical manufacturer could be held responsible in a wrongful death lawsuit.
Did your loved one attend a popular event where they were killed by someone else at the event? In addition to bringing a case against the person who may have attacked or injured your loved one, you may also be able to bring a wrongful death lawsuit against the venue itself.
You might be able to argue that the venue had an improperly low level of security, contributing to the death of your loved one. Then, if you win your case, you may be entitled to damages.
Suppose your loved one went to the hospital or emergency room for a routine visit and subsequently died. In that case, you need to reach out to a wrongful death lawyer who can conduct a full investigation and see if you are entitled to a wrongful claim case stemming from medical malpractice.
If you go over to someone else's house, you expect them to have taken care of that house. Unfortunately, not everyone performs routine maintenance on their property, and your loved one may have been killed because they were involved in an accident on someone else's property.
There is a chance this could be a premises liability case, and premises liability cases can turn into wrongful death cases. Reach out to a lawyer who can see if there is a wrongful death lawsuit you can file following a premises liability accident.
If your loved one has passed away, you probably have a lot of expenses you need to cover. So, how much does it cost to file a wrongful death case? The good news is that it does not cost you anything unless we win.
If we file a case on your behalf, we operate on a contingency basis. We will only collect a fee if we win your case, so it does not cost you anything to reach out to our office and see if we can file a wrongful death lawsuit on your behalf.
The statute of limitations for wrongful death cases in California is two years, which means you have two years to file a wrongful death case after your family member has passed away.
That is why you need to reach out to a wrongful death lawyer in Sacramento as quickly as possible who can review your case. The sooner we review your case, the easier it will be for you to meet the statute of limitations.
In general, there is no limit to the amount of money you can recover in a wrongful death claim; however, you will need to prove that you are entitled to the money you are claiming.
For example, if your family member who passed away was supporting your family, you may be able to file a claim to pursue damages stemming from lost income. Then, you might be able to use the damages from your wrongful death case to support your family.
There are several types of damages that you might be entitled to if you file a wrongful death case in California. If you want to seek compensation for the death of your loved one, here are some of the most common categories of damages you might be entitled to receive:
Economic damages refer to damages you can clearly and objectively calculate following the death of a family member.
For example, you might be pursuing compensation that can help you cover the cost of a funeral. Or, you might be seeking compensation that can help you cover medical expenses stemming from the accident.
These are economic damages because you can point to a number on a piece of paper that you owe, and you should be able to collect these damages in a wrongful death lawsuit.
Then, there are non-economic damages as well. These are still damages you might have suffered, but you might not be able to print out a receipt showing how much money you are owed.
For example, you might have difficulty sleeping at night because your family member has passed away. Or, you might claim that your family will have trouble making ends meet because your family member was the family's breadwinner.
You could also be entitled to non-economic damages due to your wrongful death lawsuit.
If the situation was particularly egregious, the court might also decide to award you punitive damages. These refer to damages you receive because the court system has deemed it appropriate to punish the defendant because of the severity of their actions.
For example, the defendant may have intentionally murdered your family member, or the defendant may have been going 100 miles an hour while under the influence of drugs and alcohol when they crashed into your family member.
Not all wrongful death lawsuits are entitled to punitive damages, but your wrongful death attorney can review the situation and see if your case deserves punitive damages.
Because you only have two years following the passing of your loved one to file wrongful death claims in Sacramento, CA, you need to reach out to a wrongful death lawyer as quickly as possible.
At the Law Offices of Ryley Hoffman, our Sacramento wrongful death attorneys would happily provide you with a free case consultation. Contact us today to schedule an appointment with our office, and let us see if you are entitled to compensation via a wrongful death suit.
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