Pursuing Justice for Loved Ones
The loss of a loved one is a life-altering event that can lead to not only emotional turmoil, but also financial burdens. Whether you’ve lost a family member or close friend to an accident, the pain is raw and real and can never be dismissed. Fatal accidents caused by a party’s negligent actions or inaction complicate the grief further. Surviving loved ones may wonder why the accident happened, who will be held responsible, how they’ll pay for the funeral, and even how they’ll maintain their quality of life or relationships without their loved one. That’s where a wrongful death attorney in Sacramento comes in.
If your loved one died because of an accident caused by a reckless or negligent party, you deserve to pursue justice. Schedule a free consultation today with BD&J’s compassionate wrongful death lawyers in the Sacramento area.
How do I know if my loved one’s death was “wrongful?”
While many losses feel unfair and unexpected, only some can be considered legally “wrongful.” Wrongful death is an area of personal injury law that allows surviving family and close friends to seek compensation for the loss of their loved one in an accident caused by another. If your family member died in a car accident, work incident, medical tragedy, or other major accident that could have been prevented by another person or party who should have provided care and consideration for your loved one’s safety, you could have a wrongful death claim.
Not sure if you qualify? A Sacramento wrongful death lawyer can listen to your story and help you determine if you have a case. Schedule a conversation today!
Is there a cap on wrongful death cases?
In California, there is a cap on noneconomic compensation in wrongful death claims related to medical malpractice. This law – most commonly known as the Medical Injury Compensation Reform Act (MICRA) – was originally passed in 1975 and mandated a cap on damages for pain and suffering, trauma, and loss of enjoyment of life of $250,000. However, this amount was not adjusted to account for inflation until 2023 when California amended MICRA to a cap of $600,000 of compensation for noneconomic damages, increasing by $50,000 every year until 2034. After that, the cap increases by 2% each year to account for inflation. There is no cap on economic damages – medical bills, therapy costs, and funeral costs – but MICRA’s amended caps help surviving families secure more for medical malpractice cases than before.
What are the odds of winning a wrongful death lawsuit?
The answer to this question is nuanced, depending greatly on representation, evidence, and even the type of accident that caused your loved one’s death. In personal injury overall, less than 10% of cases go to trial – a statistic that still holds true for wrongful death cases, specifically. However, the rate of wrongful death trial successes varies widely once arguments begin. In medical malpractice wrongful death cases, a report claims just over one-third of cases result in a payout. However, wrongful death claims involving car accidents, product liability, premises liability, or other accidents have a much higher success rate – around 50-60%.
Can I bring a wrongful death lawsuit in Sacramento?
BD&J’s wrongful death attorneys in Sacramento are highly experienced in helping families find closure. Our team understands how deeply grief can impact your day-to-day life and aims to help our clients find justice for their lost loved ones. If your loved one was killed in an accident that you believe was caused by another person, company, or entity, you have legal options to secure compensation for their funeral, medical bills, lost income, and more.
How do Sacramento wrongful death attorneys help?
Wrongful death lawyers are personal injury attorneys that focus on cases in which a person dies due to a preventable accident. While a surviving family can always bring a claim without a lawyer, retaining a wrongful death attorney in Sacramento can often be the difference between successful and rejected claims. This is because wrongful death lawyers understand the extensive evidence and support needed to win a case. With such high stakes, your attorney can be sure to build the best case possible by investigating the accident at length, collecting evidence and witness or expert testimonies, filing documents quickly and accurately, and negotiating aggressively with the defense.
If the defendant is unwilling to negotiate fairly or an agreement cannot be reached, the case will go to trial. In this situation, your wrongful death attorney becomes your staunch advocate in the courtroom, arguing your case before a jury or judge.
Frequently Asked Questions
How long do wrongful death lawsuits take?
Wrongful death lawsuits are some of the most high-stakes cases in the realm of personal injury. For this reason, defendants will often fight accusations tooth-and-nail and evidence can take a long time to collect, organize, and distribute. Therefore, wrongful death suits can take anywhere from a few months to a few years to resolve. For more specific information on how long your case might take, contact a Sacramento wrongful death attorney at BD&J to learn more.
How do I prove medical malpractice?
Proving medical malpractice can be a complicated process. Your attorney must first establish that the medical provider had a duty of care to your loved one and that they breached the duty of care by deviating from the standard of care in their field. Then, your lawyer much prove that this deviation from the standard of care resulted in an injury that caused the death of your loved one. This usually requires expert testimony, medical records, photos or videos, and other records of treatment.
What kind of compensation does family get after a wrongful death in Sacramento?
Every case of wrongful death is unique. Each family bears its own needs and its own pain in mourning its lost loved one. However, the Sacramento wrongful death lawyers at BD&J often pursue compensation for medical bills, funeral costs, therapy fees, pain and suffering, loss of companionship, loss of opportunity, current and future lost income, and any property damages. Though your case may not qualify you for all of these compensation avenues, many are surprised to learn what they could recover.
What do I do if I can’t afford a lawyer after my loved one’s death?
Everyone deserves to have equal access to legal representation, especially when they are grappling with the burdens of loss and financial struggle. If you aren’t sure if you can afford to retain a lawyer, BD&J proudly offers skilled help on a contingency fee basis. This means clients do not pay any upfront attorney fees aside from case costs, making it easier to secure legal help and financial recovery.
How long do I have to file a wrongful death claim in California?
Like other personal injury cases, wrongful death lawsuits have a two-year statute of limitations in California. If your loved one died in Sacramento or the surrounding areas, reach out to a wrongful death lawyer as soon as possible to begin building a case.
How to work with a wrongful death lawyer in Sacramento
Because wrongful death claims are such extended and complex matters, it’s important to work closely with your wrongful death attorney to build the strongest case possible. Your lawyer will manage much of the process, but a case’s success can often hinge on the help of the client and the evidence available. To have the best chance of success, you should:
- Document as much as possible about your loved one’s death, the accident, and the aftermath. Photos of injuries, videos, journal entries, and more can help paint a clear picture of the person who was lost and how your family was impacted by their death.
- Collect records. From medical records to receipts for funeral expenses, understanding the full extent of your costs. Additionally, pay stubs from your loved one can support your case by establishing how much your family lost in income with your loved one’s death.
- Stay in contact with your Sacramento wrongful death lawyer. Once your attorney files your claim, the case may take unexpected turns that require your “OK.” Keep in contact with your lawyer to keep your case moving forward.
Providing support and guidance through grief
BD&J’s Sacramento wrongful death lawyers know what it is to lose loved ones to negligence. That’s why we are so dedicated to obtaining justice for your loved one and family. We’ve proudly claimed more than $2 billion* for our clients across California and look forward to helping you fight for what you and your loved one deserve. Contact us today to schedule a free consultation with our team to discuss how much you could be eligible for.
