Sacramento Wrongful Death Attorneys
The Sacramento wrongful death attorneys at Eason & Tambornini have helped surviving family members file wrongful death claims for over thirty years. Our lawyers are compassionate, attentive, and aggressive when fighting for a family member’s right to total and fair compensation.
We understand that nothing will bring your loved one back; however, if you have lost a close family member due to a situation involving wrongful death, you have a right to be compensated for your loss. Our lawyers understand that you may feel overwhelmed while grieving a loved one, so we handle all the details, filing deadlines, investigation, and other needs.
Our approach is straightforward: Our legal team listens compassionately, provides support, and walks families through the claims process as quickly as possible.
Our firm has a reputation for successfully balancing the goals of grieving family members and securing the maximum amount allowed by law, given the circumstances.
We are proud members of the Sacramento Chamber of Commerce, Sacramento County Bar Association, Capitol City Trial Lawyers Association (CCTLA), and the State Bar of California.
Contact one of our Sacramento wrongful death lawyers today at (916) 438-1819.
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Wrongful Death FAQs In Sacramento, California
A wrongful death claim occurs when a family member loses a loved one due to the negligence of another, regardless of the circumstances. Our legal team has successfully fought for settlements for families who have lost someone in a truck accident, car accident, motorcycle accident, construction accident, and through medical malpractice. The passing of a loved one may have occurred immediately or over time due to neglect by caregivers, medical providers, or other factors.
While the law does not require legal representation, filing a lawsuit can be a highly complex and extremely emotional process. Hiring one of our lawyers, who is experienced in the many details that a successful case requires, such as investigation, research, and witness statements, allows you and your family to work through the grieving process. Having an experienced attorney on your side, fighting aggressively on your behalf, will give you the peace of mind and the space you need to continue healing.
One of our wrongful death lawyers will explain precisely the factors involved when factoring wrongful death settlements. Some of those factors include:
- The deceased person’s age
- The deceased person’s income at the time of death
- The deceased person’s estimated future earning capacity
- The deceased person’s health just before the time of death
- The value of the deceased person’s lost benefits that would have been conveyed to their dependents (e.g., health insurance, pension, etc.)
- The deceased person’s outstanding medical bills
In addition to damages, your lawyer can determine whether the responsible party’s level of insurance coverage may impact a settlement. Another factor to consider may be whether another person, such as an employer or parent, may have some responsibility for the behavior of the responsible party.
As you can see, claims can be very complicated; having a seasoned legal team from Eason & Tambornini on your side is critical to achieving a successful outcome.
Claims against government organizations can be more complex. Government liability often arises when an employee causes injury on government property. However, government entities may not always have immunity. For example:
- Please make sure to mark roadway construction warnings correctly.
- Poorly maintained public walkways or sidewalks
- A slip and fall on a wet floor
- Abuse or injury of a student by a school official
- Violence inflicted on a person on government-owned property
However, unlike privately held companies, government entities sometimes have certain protections (immunity) from legal actions. Our staff can advise you during your free consultation whether government immunity may apply to your situation.
The State of California initiates criminal cases. On the other hand, claims are civil lawsuits initiated by surviving family members or another representative of the deceased person’s heirs or estate. A criminal case may result in a jail or prison sentence. Still, it does not provide a monetary award to the family of the deceased person, which means they could file a lawsuit while the criminal case is ongoing. They do not have to be filed simultaneously as long as the wrongful death claim is filed before the statute of limitations runs out. One of our wrongful death lawyers will explain this during your free consultation.
Under California law, certain family members may take legal action to hold the responsible party accountable. Those family members include:
- Spouse or domestic partner of the deceased
- Surviving children of the deceased
- Other: if no surviving immediate family member exists, the law allows for a parent or sibling to file a lawsuit if certain conditions are met
Other specific conditions can affect who can file a wrongful death suit in California. Please call one of our Sacramento personal injury lawyers as soon as possible, (916) 438-1819, and schedule a free, no-obligation consultation to review your situation.
California Wrongful Death Laws and Statutes
- California Code of Civil Procedure § 377.60: This is California’s primary statute governing wrongful death actions. It outlines who can file a claim and the types of damages recoverable.
- Key Principles: The core concept is that if someone’s negligence, recklessness, or intentional misconduct causes another person’s death, the surviving family members can seek compensation.
Types of Wrongful Death Cases
Wrongful death can result from various circumstances, including:
- Vehicle Accidents: Car, truck, motorcycle, and pedestrian accidents caused by negligent drivers.
- Medical Malpractice: Errors by doctors, nurses, or other healthcare professionals.
- Workplace Accidents: Fatalities resulting from unsafe working conditions.
- Product Liability: Deaths caused by defective or dangerous products.
- Premises Liability: Deaths caused by unsafe conditions on a property.
Wrongful Death Damages
In a wrongful death involving an adult or child, heirs may seek two types of compensation: economic and non-economic.
Economic damages: Financial injuries are wrongful death damages attached to a dollar number. Lawyers depend on expert witnesses, such as accountants or financial planners, to determine these damages. Other financial injuries include the cost of funerals and burials. Finally, financial support that the deceased person provided while alive is often a straightforward dollar amount that can be calculated based on past earnings and involvement in the household, among other things.
Non-economic Damages: Certain family members of a lost loved one can also seek compensation for non-economic damages. These are a little more complicated to prove. Still, a skilled and experienced attorney will be able to draw upon the family member’s experience as to the level of loss of companionship, comfort, love, care, assistance, protection, and other types of emotional and spiritual support when determining an amount that would be reasonable to pursue. Additional claims of non-economic damages may include loss of moral guidance and training for children of the deceased and sexual relationships for spouses.
Benefits of Hiring Our Sacramento Wrongful Death Attorneys
Our Sacramento personal injury lawyers will handle all communication and negotiations with the insurance company and lawyers for the responsible parties so that you do not have to worry about saying the wrong thing and jeopardizing your claim. If the case goes to trial, we will argue the case in court and use our experience and skills to reach a successful settlement for you.
The Difference Between Wrongful and Accidental Death
The details of the situation surrounding your loved one’s death are what determines how it is classified. A critical element is the presence (or not) of intent and whether the person being held responsible acted recklessly (with negligence) to purposely cause harm or death. Our lawyers have helped clients understand this difference on many occasions.
The simplest example is this: Suppose a driver of a car is texting while driving (“distracted driving,” which is illegal under California law), runs off the road, and hits a pedestrian, killing him. The spouse of the deceased person could file a lawsuit because California considers distracted driving negligence.
Wrongful Death Support Groups
Here are some resources for grief counseling and support groups in Sacramento, potentially helpful for those who have experienced a wrongful death:
- Sutter Health: Sutter Health offers various grief and bereavement support services, including individual counseling, workshops, and support groups for all ages. They have services for those grieving a spouse, navigating the holidays, and dealing with other unique challenges. They also offer support after traumatic events. Their services are available to the public. Sutter Health Grief Support Services
- Bereavement Network Resources of Sacramento: This organization offers supportive resources to help you process the feelings that come with grief. They have a directory of local resources. They also have upcoming events and recurring support groups. Bereavement Network Resources of Sacramento
- Relationship Therapy Center: This center offers grief counseling and helps individuals accept their loss and process their feelings. They offer both in-person and online therapy appointments. Relationship Therapy Center Grief Counseling
Call our Sacramento Wrongful Death Attorneys Today!
If you have suffered the loss of a loved one due to the negligence of another, the Sacramento wrongful death attorneys at Eason & Tambornini are here to help. Our attorneys have helped countless people secure fair settlements in the over thirty years we have practiced law in California. There is no reason not to call; our consultations are free, and you don’t have to move forward if you decide not to pursue a claim. Also, we will let you know if we think you still need to claim. We take all cases on a contingency fee, meaning you pay nothing if you don’t win.
Call Eason & Tambornini at (916) 438-1819 to schedule your free consultation.
Kyle Tambornini
Results
- $6,200,000: drunk driving, loss of two loved ones
- $3,000,000: underaged woman over-served alcohol
- $3,000,000: drunk driver
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