Losing someone you love is hard enough. Facing the legal side of a death in the family while you’re still trying to breathe can feel impossible. A wrongful death lawyer in Sacramento from Omega Law Group Accident & Injury Attorneys can carry the legal weight so you can focus on your family.
Since 2016, we’ve been making legal matters easier for California families. We’ll deal with the insurance company and fight for accountability, all while treating your loss with the respect it deserves.
Our Sacramento personal injury lawyers work on contingency, so you pay nothing upfront. We’ll even travel to you for the consultation. Let our family take care of your family.
Taking Legal Action After a Loved One’s Death
There are instances when family members of a deceased loved one may take legal action on that person’s behalf following a tragic accident. If you want to file a civil claim for damages based on the losses that both your family and your deceased loved one sustained, you need to take action before California’s personal injury statute of limitations expires.
The law generally gives you no more than two years to gather all of the evidence needed to meet California’s burden of proof. If you can bring forward enough evidence to indicate that the at-fault party was negligent and caused an accident that took your loved one’s life, you can argue for your right to a wrongful death settlement.
You cannot take more than two years to file your claim unless you qualify for certain exceptions. Most of the courts in California believe that evidence loses its value over time to the point where it no longer accurately reflects the nature of an accident after a particular expiration date.
If you’re concerned about staying on top of the deadline to sue someone, our wrongful death attorneys in Sacramento can help you manage your investigation without compromising your right to grieve alongside your family.
What Causes a Fatal Accident?
A wrongful death lawsuit can arise from almost any situation where someone else’s wrongful acts cut a life short. Under California law, surviving family members can pursue a claim when negligence or misconduct leads to a fatal outcome. Common causes include:
- Car accidents: A crash caused by a distracted, speeding, or impaired driver is one of the most frequent reasons families come to our law firm for help.
- Medical negligence: A preventable error during treatment can lead to fatal complications, often leaving families with steep medical expenses.
- Dangerous property conditions: Unsafe premises can turn an ordinary visit into a tragedy.
- Defective products: A faulty vehicle part or unsafe product can put a life at risk without warning.
No matter the cause, our team can investigate what happened and identify the party or parties responsible for your loss.
Has someone else's negligence caused the death of a loved one?
Our wrongful death lawyers in Sacramento are here to help.
(310) 526-8383
Can Manslaughter or Homicide Charges Impact Your Wrongful Death Claim?
As a private citizen, you cannot spearhead a criminal investigation into the misconduct that resulted in your loved one’s death. You may, however, benefit from the state’s investigation of the accident. The state of California can charge the party liable for your loved one’s death with manslaughter, homicide, or a related criminal charge.
Should California’s criminal courts convict the liable party of illegal conduct, you may use that conviction to your benefit. While a criminal conviction cannot automatically win your civil suit, a conviction does serve as meaningful proof of negligence in the civil court system.
You can discuss the specific implications a criminal case may have on your pursuit of damages with a Sacramento wrongful death attorney.
Who Can File a Wrongful Death Lawsuit in California?
Before you start building a claim, you need to determine whether you have the right to initiate a civil case on a deceased individual’s behalf. California law only allows certain parties to take action in the name of a deceased individual.
Depending on the circumstances, the following parties may be able to file a wrongful death lawsuit:
- The decedent’s spouse or domestic partner
- The decedent’s children
- The decedent’s step-children
- The decedent’s grandchildren
- The decedent’s parents
- The decedent’s legal guardian(s)
That said, if you stand to benefit from an inheritance and find that none of these surviving family members are available to take action on the deceased individual’s behalf, you may have the right to a case.
California also allows parties who might benefit from intestate succession to file a wrongful death claim, provided none of the aforementioned parties can. In many cases, the court will recognize a personal representative of the estate to move the claim forward.
Did your loved one pass due to negligence of someone else?
Our wrongful death lawyers in Sacramento are here to help.
(310) 526-8383
Our Sacramento Wrongful Death Lawyers Will Advocate for the Support You Deserve
A wrongful death claim allows eligible surviving family members to seek damages for their losses resulting from the death. Certain damages the decedent experienced before death, such as pre-death pain and suffering, may also be recoverable through a separate survival action brought by the estate’s personal representative.
Wrongful death damages are calculated by determining the total of the economic and non-economic losses tied to your case. Our experienced wrongful death attorneys in Sacramento can help you determine the dollar value of your non-economic damages, including your pain and suffering, emotional distress, and loss of companionship.
We can also help you seek compensation for economic damages, such as a loved one’s funeral and burial expenses, medical expenses, and lost wages. The settlement you receive from a liable party can help you mitigate any drops in income your family might experience due to a loved one’s untimely passing.
Did your loved one suffer a
wrongful death?
(310) 526-8383
How Does the Legal Process Work?
The legal process for a wrongful death claim can feel overwhelming when you’re already grieving, which is why steady legal guidance matters so much. While you focus on your family, our team will handle each step of the legal process, including:
- Case review: We’ll look at how the accident happened and identify the at-fault parties.
- Investigation: We’ll gather the evidence needed to prove negligence and support your civil suit.
- Valuation: We’ll calculate your economic damages and non-economic damages to determine what your case is worth.
- Negotiation: We’ll deal with the insurance carrier on your behalf so you don’t have to.
- Resolution: We’ll work toward a fair settlement or, if needed, take your case to court.
With the right legal guidance, you can move through the process with clarity instead of confusion.
Is It Worth the Effort to File an Insurance Claim?
Insurance claims adjusters never prioritize your emotional well-being. They will always place the financial well-being of their employers above your right to recover.
As such, you may find yourself contending with an insurance claims adjuster’s consistent bad faith behavior while struggling to address the emotional fallout of your loved one’s death. Is the process really worth it?
Fortunately, our team can step in and mitigate an insurance company’s bad faith behavior, particularly in instances where that behavior puts you in an emotionally fraught situation.
However, we recommend that you discuss whether or not it’s worth it to file an insurance claim or lawsuit with our team while outlining your different paths toward financial stability.
Your Wrongful Death Case Consultation Comes Free of Charge
You can meet with a Sacramento wrongful death lawyer within days of a loved one’s tragic passing. Omega Law Group makes it easy to reach out to our team and schedule a free personal injury appointment. These appointments allow you to meet with our attorneys, learn more about your right to action, and plan your next steps.
We want this process to be as straightforward and stress-free as possible. You won’t face any fees during or immediately after your initial consultation, as our team works on contingency. Moreover, you can trust our team to let you determine how you want your case to progress. We will not force you down any particular road.
Contact us today to schedule your case consultation.
