Losing someone you love because another person acted carelessly is one of the most devastating experiences anyone can face. Beyond the emotional loss, families are often left struggling with unexpected medical expenses, funeral costs, and unanswered questions about what happened.
At Frank Penney Injury Lawyers, our Sacramento team of injury attorneys understand that no lawsuit or compensation can replace a loved one. However, pursuing a wrongful death claim can provide financial stability, hold negligent parties accountable, and help prevent similar tragedies from happening to others.
With decades of experience representing families throughout California, our attorneys are prepared to go the extra mile to make sure justice is served while you and your family take time to grieve for your losses. On top of it all, we operate on a contingency-fee basis, meaning you pay nothing unless we recover compensation for your family.
Call us at 888-888-0566 or by filling out our online contact form today to schedule your free case consultation.
What Is Considered Wrongful Death Under California Law?
A wrongful death is referred to as the unfortunate passing of a person that was caused by an act of negligence and/or recklessness by a separate party. While there is no amount of money that can replace a human life, California law allows surviving family members to pursue compensation when someone dies as a means to cover practical costs and to give them a sense of justice.
Who Can File a Wrongful Death Claim in California?
California Code of Civil Procedure § 377.60 outlines which eligible family members are allowed to file a wrongful death claim for the passing of their loved ones and it includes the following:
Surviving spouse
Registered domestic partner
Children
Grandchildren (in some circumstances)
Dependent stepchildren
Parents under certain conditions
Other individuals who would inherit through California's intestate succession laws
Determining who has legal standing can become complicated when multiple family members are involved, but the rule of thumb is the closest and most immediate family member is able to file a claim. However, if complications continue to arise, it is recommended to consult with an experienced attorney to get some insight about the situation.
Common Causes of Wrongful Death in Sacramento
Throughout the years, Sacramento continues to experience population growth, heavy commuter traffic, expanding construction, and increased commercial development. While these factors are great indicators of a growing city, it unfortunately also contributes to a growing number of accidents on an annual basis.
While serious fatal accidents. Common wrongful death cases include:
Pedestrian Accident
Bicycle Accidents
Workplace Fatalities
Dangerous Property Conditions
Medical Malpractice
What If the Deceased Was Partially At-Fault?
If the deceased was partially at-fault for causing the accident in question, it does not automatically mean the responsible party will assume all liability. California follows pure comparative negligence under California Civil Code § 1431.2 which is designed to properly allocate responsibility in incidents with complex degrees of liability.
In the context of wrongful death claims, it means that if the deceased shared some responsibility in causing the accident, the total compensation that their family will recover may be reduced by the deceased’s percentage of fault.
Can Criminal Charges Affect a Wrongful Death Claim?
Not necessarily, primarily because a civil wrongful death lawsuit is separate from any criminal prosecution and may proceed regardless of whether criminal charges are filed or result in a conviction. Even if the cause of the incident in question was caused due to malicious intent, the surviving family can file a claim and recover compensation for practical costs.
What Compensation Can Families Recover?
Every wrongful death case is different, but compensation may include both economic and non-economic damages. Economic damages are designed to compensate the surviving families for calculable expenses such as funeral expenses, leftover medical bills, loss of future income, etc.
Meanwhile, non-economic damages are designed to provide subjective damages that resulted either in the physical pain or emotional suffering following the unfortunate death. For example, loss of companionship, loss of love and affection, and loss of consortium (for spouses) are some of the most common non-economic damages that can be recovered in a wrongful death case.
Survival Actions May Also Be Available
On top of recoverable damages, a wrongful death claim compensates surviving family members. A survival action under California Code of Civil Procedure § 377.30 seeks damages the deceased could have recovered had they survived, including certain economic losses and, in qualifying cases under California law, recoverable pain, suffering, or disfigurement damages. In order to get a better estimate of what can be recovered, it is highly recommended to consult with an experienced Sacramento wrongful death lawyer to find out.
How Long Do You Have to File a Wrongful Death Lawsuit?
Most wrongful death claims in California must be filed within two years from the date of death under California Code of Civil Procedure 335.1. However, shorter deadlines may apply when
a government entity is involved because any personal injury claims will need to be filed within six months of the incident as per California Government Code 911.2. Any failure to file a claim accordingly will result in the automatic dismissal of your claim regardless how much evidence you may have.
While there are exceptions to the statute of limitations, they are very specific and rare, which is why it is vital to act promptly and accordingly as soon as possible. If you require assistance to get started it is highly recommended to consult with an experienced wrongful death attorney in Sacramento to ensure you get the legal guidance that you deserve.
Why Early Investigation Matters in a Wrongful Death Claim
By far one of the most important factors in pursuing a wrongful death claim is evidence. Due to its ability to make or break cases, it is highly recommended to start gathering evidence and investigating the accident scene as early as possible, because depending on the nature of the accident, crucial pieces of information can disappear quickly after a fatal accident.
Important evidence may include:
Traffic camera footage
Business surveillance video
Dash camera recordings
Vehicle event data recorder information
Cell phone records
Toxicology reports
Maintenance records
Employment files
Black box data
Witness statements
While there are legal and practical measures in place to preserve evidence, things can happen and some things may fall through the cracks. As such it is urged to start the legal process as soon as possible and get the assistance of an experienced Sacramento attorney to ensure justice is served.
Why Local Knowledge Matters in Sacramento Wrongful Death Cases
While choosing a lawyer can be a difficult process especially after a tragic death, it is highly recommended to choose a local lawyer who is familiar with Sacramento and understands the area's roads, traffic patterns, local courts, and common accident locations.
As wrongful death cases are entirely dependent on the evidence and the initial investigation, understanding how agencies such as the Sacramento Police Department, Sacramento County Sheriff's Office, California Highway Patrol, and the Sacramento County Coroner's Office manage them is vital and ensures your chances of success.
A local attorney also understands the procedures and timelines that can affect fatal accident investigations and civil litigation in Sacramento County and can tailor every case to the unique facts and local circumstances.
Speak With a Sacramento Wrongful Death Lawyer Today
The loss of a loved one can leave families facing emotional pain, financial uncertainty, and difficult legal questions. While no legal action can undo your loss, pursuing a wrongful death claim may provide the financial support your family needs while holding the responsible party accountable.
At Frank Penney Injury Lawyers, our Sacramento wrongful death attorneys are committed to guiding families through every stage of the legal process with compassion, thorough preparation, and aggressive advocacy. We will investigate the circumstances surrounding your loved one's death, explain your legal options, and fight to recover the full compensation available under California law.
Call us at 888-888-0566 or by filling out our online contact form today to schedule your free case consultation.