Our wrongful death lawyers in Sacramento want to make it as easy as possible for you to celebrate a loved one’s life and get justice for your loss. We can step in and take responsibility for an investigation into your loved one’s fatal accident while you arrange a funeral, comfort your family, and map out your financial future.
The effort that Omega Law Group puts into your recovery can help you stabilize your finances without compromising your right to grieve. You can count on our personal injury lawyers in Sacramento to respect the sanctity of this tragic loss while also advocating for your right to hold a negligent party responsible for your pain and suffering.
Contact us today to learn more.
Taking Legal Action After a Loved One’s Death
There are instances wherein 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 within California’s personal injury statute of limitations.
The statute of limitations gives you no more than two years to gather all of the evidence needed to meet, if not exceed, California’s burden of proof. So long as you can bring forward enough evidence to indicate that a particular party engaged in deadly negligence, 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 your deadline, wrongful death attorneys in Sacramento can help you manage your investigation without compromising your right to grieve alongside your family.
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 you name liable for your loved one’s death with manslaughter, homicide, or a related criminal charge.
Should California’s Criminal Courts convict your liable party of illegal conduct, you may use that conviction to your benefit. While a criminal conviction cannot outright win your civil case, 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 sacramental wrongful death attorney.
Who Can File a Wrongful Death Claim in California?
Before you start building a claim, you need to determine whether or not you have the right to initiate a civil case on a deceased individual’s behalf. California only allows certain parties to take action in the name of a deceased individual, including the deceased’s:
- Children
- Spouse
- Parents
- Step-children
- Legal guardian(s)
That said, if you stand to benefit from an inheritance and find that none of these parties 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.
Sacramento Wrongful Death Lawyers Advocate for the Support You Deserve
Filing a wrongful death claim specifically entitles you, as the deceased representative, to request damages based on the pain and suffering that your loved one and your family have endured due to someone else’s negligence. Before you can make a broad claim for a settlement, though, you need to determine the value of the case you’re bringing forward.
You can do this by calculating the total of the economic and non-economic losses tied to your case. Experienced wrongful death attorneys in Sacramento can help you find the dollar value of non-economic losses, including your pain and suffering, emotional distress, and loss of consortium.
We can also see you compensated for a loved one’s funeral expenses, pre- and post-death care, and lost wages. The settlement you received from a liable party can help you mitigate any drops in income your family might experience due to a loved one’s untimely passing.
Is It Worth the Effort to File an Insurance Claim?
There are instances wherein you may have the right to file an insurance claim for wrongful death compensation with a liable party’s insurance provider. Before you do, though, consider the extent of your losses and the reputation of the company in question. While it’s never a bad idea to investigate your right to file a claim, doing so can be more of a hassle than it’s worth.
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.
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 with our team while outlining your different paths toward financial stability.
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 Your Wrongful Death Case Consultation Comes Free of Charge
You can meet with a Sacramento wrongful death attorney within days of a loved one’s tragic passing. Omega Law Group makes it easy to reach out to our team and schedule the free personal injury appointment you deserve. 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 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.
