Wrongful Death
Attorney in Sacramento

The Legal Basis for Survival Actions in Wrongful Death Cases

Survival actions in wrongful death cases are based on California state law. In California, a survival action is a legal claim for damages brought on behalf of the deceased person’s estate. The purpose of a survival action is to compensate the estate for any losses the decedent suffered before their death.

This can include medical expenses, pain, suffering, and lost earnings. The legal basis for survival actions in wrongful death cases is found in the California Code of Civil Procedure, specifically sections 377.20 to 377.34.

These sections outline the procedures and requirements for filing a survival action, including the types of damages that can be recovered, who may file the action, and the statute of limitations for bringing a survival action.

Recovery of Damages in Survival Action Lawsuits

Wrongful death survival actions are legal claims brought forward by the deceased individual’s estate. These claims seek compensation for the conscious pain and suffering the deceased endured before their death and any medical expenses incurred due to the incident.

What Compensation can be Obtained in a Survival Action Claim?

A Survival Action lawsuit allows the deceased individual’s estate to recover damages for expenses and pain suffered by the decedent before their death. These damages include medical bills, funeral costs, and any pain and suffering endured from the time of injury until death. Additionally, the estate can claim lost wages and benefits that the decedent would have earned if they had not passed away.

On the other hand, in a wrongful death claim, only certain eligible family members can recover damages, such as the decedent’s spouse, children, or parents. The damages recoverable in a wrongful death claim focus on the loss of love, guidance, companionship, and financial support.

It is crucial to seek the advice of a knowledgeable wrongful death lawyer to determine the best course of action in your case. If you have lost a loved one due to someone else’s negligence, please get in touch with us at (888) 81-LUCHADOR for a free consultation.

Common Causes of Wrongful Death Accidents

Wrongful death can result from various types of accidents. Some of the most common causes include:

Automobile Accidents:

Car accidents are a leading cause of death in the US. The National Safety Council estimates that over 40,000 people died in traffic accidents nationwide in 2017. Many of these deaths were caused by driver negligence. They could have been prevented if drivers had taken the necessary precautions. Wrongful death cases involving automobiles can also include accidents involving pedestrians or bicyclists.

Medical Malpractice:

Medical professionals, such as doctors, nurses, and surgeons, must provide high-quality patient care. When they fail to meet these standards and cause harm, it can result in medical malpractice and wrongful death. Some common examples of medical malpractice include surgical errors, anesthesia errors, improper medication prescriptions, birth injuries, misdiagnosis, nursing home neglect, and more.

Workplace Accidents:

Employers are required to provide a safe and healthy work environment for their employees. They can be held responsible for injuries or deaths in the workplace or while an employee performs their duties. Injuries or deaths resulting from chemical exposure, explosions, falls, or other hazards due to inadequate workplace maintenance can all be considered workplace accidents.

Product Liability:

Companies involved in producing, distributing, and selling products are responsible for ensuring that their products are safe before they reach consumers. When a product flaw leads to harm or death, the responsible parties may be liable for wrongful death.

Criminal Activity:

In some cases, wrongful death can occur due to criminal acts, such as the discharge of a firearm during the commission of a crime. The families of the victim may file a civil lawsuit for damages in addition to the criminal penalties faced by the perpetrator. Even if the defendant is acquitted of criminal charges, they may still be found liable for the death in civil court.

Evaluating the Value of a Wrongful Death Settlement

The compensation for loved ones in a wrongful death case can be substantial, as it can include the following:

• • Loss of love, affection, emotional support, and guidance
  • Reduction of future earnings and financial support
  • Medical expenses incurred due to the accident or illness
  • Funeral and burial expenses
  • Value of household contributions, such as child-rearing, housekeeping, and other services
  • And other relevant damages.

Compensation in a Wrongful Death Lawsuit

In a wrongful death lawsuit, various forms of compensation may be awarded. The types of damages awarded depend on the specific circumstances of the case.

Damages can be divided into two categories: those meant to compensate the decedent’s estate for losses incurred due to the wrongful death (survivorship claim) and those meant to compensate family members or loved ones for their personal losses due to the wrongful death.

For the estate, damages might include:

• • Funeral expenses
  • Burial costs
  • Medical bills related to the wrongful death
  • Ambulance fees
  • Lost income due to the wrongful death, including hospitalization and potential future earnings

For family members or loved ones, damages might include:

• • Loss of financial support
  • Loss of consortium, such as love, affection, moral support, sexual relations, training, and guidance, or other emotional losses
  • Pain and suffering

In California, there is only one exception to the rule that punitive damages are not awarded in wrongful death cases: if it can be proven that the defendant committed a felony murder and killed the plaintiff’s loved one. Punitive damages aim to punish the wrongdoer rather than compensate the decedent’s family or estate.

The Distribution of Wrongful Death Compensation

Suppose multiple parties have the right to file a wrongful death claim. In that case, California courts typically award compensation in a lump sum amount, regardless of the number of individuals making a claim. This means that if the decedent had a spouse and several children or dependents, the court would award a single payment to the entire family. The family would then be responsible for dividing the compensation among themselves. The amount of compensation is determined using established compensation calculations recognized by the court.

If the parties cannot divide the award, they may request the court to do so on their behalf. In particularly complex cases where all parties agree and with the judge’s approval, the court can instruct the jury to make separate award decisions for each claimant. This may be helpful in situations with a high risk of disagreement over the award allocation, such as when there are intricate relationships between family members and the claimants would prefer an impartial party to make the decision.

Filing a Wrongful Death Lawsuit in Sacramento

Filing a Wrongful Death Claim in Sacramento, California The statute of limitations for filing a wrongful death lawsuit in California is two years from the date of death or from the date of the act that led to the wrongful death. Failing to file a lawsuit before this deadline results in forfeiture of the right to seek wrongful death compensation.

Therefore, it’s best to file a claim as soon as possible to ensure the court will accept it.
To file a wrongful death claim, you must first prepare and file a civil lawsuit. This typically involves filing a complaint or petition with the court that outlines the grounds for the lawsuit and notifying the defendant by serving them a summons.

Service of process is an essential part of the lawsuit, as it ensures that the defendant is properly informed of the lawsuit and given the opportunity to defend themselves. Failure to properly execute service of process may result in the lawsuit being dismissed.

Due to the strict rules that must be followed in Sacramento, it is recommended that you work with an experienced wrongful death lawyer to ensure that your lawsuit is properly filed and has the best chance of success.

Support for You, Your Family, and Loved Ones

The Consumer Products Safety Commission is a reliable government portal for information on consumer product safety and recalls. They provide information on safeguarding your environment, such as guidelines for pool safety, avoiding carbon monoxide exposure, and other hazards that can result in accidental death.

The National Institute for Occupational Safety and Health, under the CDC, is a valuable resource for workplace safety information. For those seeking information to help with medical patient safety, the National Patient Safety Foundation is a non-profit organization that provides helpful information and support.

If you or your loved ones are dealing with grief, the Dougy Center is a great resource. They offer grief support groups and programs, including specialized support for children, teens, and young adults.

Can Undocumented Immigrants File a Wrongful Death Lawsuit in Sacramento?

In California, including Sacramento, the law grants all individuals the right to file a wrongful death lawsuit in civil court, regardless of immigration status. Luchador Law has multilingual wrongful death attorneys and support staff who can assist clients in their preferred language.

It would be best if you did not let the prospect of filing a wrongful death claim in Sacramento be a source of fear or intimidation. Our team will provide unwavering support throughout the entire process.

How a Wrongful Death Attorney in Sacramento Can Help

Suppose you’ve suffered the loss of a loved one due to someone else’s negligence or wrongdoing. In that case, it’s vital to seek legal assistance as soon as possible. A skilled Sacramento wrongful death attorney can evaluate your case and help you understand your legal rights and options.

Your attorney can also manage all aspects of your case, including investigating the circumstances surrounding your loved one’s death, collecting evidence, negotiating with insurance companies, and more. The process of filing a wrongful death claim can be complex and emotionally taxing. Still, an experienced attorney can make it smoother for you and ensure your rights are protected at every step.

No amount of compensation can make up for the loss of a loved one. Still, a successful wrongful death claim can help alleviate the financial strain caused by their death. Furthermore, it can hold the responsible party accountable and help prevent similar tragedies from happening in the future.

Let the Attorneys at Luchador Law Assist You

If your family has suffered the loss of a loved one due to an unexpected accident, you do not have to go through this challenging time alone. For years, the dedicated wrongful death attorneys at Luchador Law have been helping families like yours recover the compensation they deserve. Our firm can also help with funeral expenses in qualifying cases.

At Luchador Law, we understand that losing a loved one is a traumatic experience. We strive to provide compassionate and award-winning legal representation to our clients. Our firm has a successful track record of obtaining substantial settlements and verdicts in wrongful death cases, including several million and multi-million dollar results.

We offer a free consultation to help you understand your legal rights and options in your Sacramento wrongful death claim. If there is no recovery in your case, you will have no fees or costs to pay. Contact us now at (888) 81-LUCHADOR to learn how we can help you and your family.