June 2nd, 2023

After a loved one dies unexpectedly, family members are left dealing with the aftermath of grief and pain. It’s essential to know that legal remedies are available to help the family receive monetary damages when someone else’s negligence or wrongdoing causes the death. With the support of a Sacramento wrongful death attorney, families can file a suit against those responsible for an untimely loss. With the proper support and guidance, Berg Injury Lawyers can help you navigate this trying and emotional process in the wake of tragedy.

What Wrongful Death Is and How to Understand It

When someone’s death is caused by the negligence or misconduct of another, a wrongful death lawsuit can be filed. The surviving family members have the right to compensation for losses, including medical bills, funeral costs, and lost future earnings.

A wrongful death claim may involve vehicle accidents, medical malpractice, premises liability, and other types of accidents.

To establish a wrongful death claim in California, the following components must be verified:

  • The defendant was legally required to take reasonable care in their actions or behavior.
  • The wrongful death caused the actual plaintiff suffering, such as monetary losses or mental distress.
  • The defendant violated a contractual responsibility by acting carelessly, wilfully, or deliberately.
  • The plaintiff’s loved one died due to the defendant’s negligence.

By engaging a wrongful death attorney, Sacramento families can manage the process better if they understand how lawsuits operate and which will help them make wise choices to pursue justice.

Who Can File a Wrongful Death Claim?

The deceased person’s surviving spouse, children, or any other immediate family members are entitled to file a wrongful death claim. In some cases, the personal representative of the decedent’s estate can file the claim.

The Legal Procedure in Wrongful Death Claims

Depending on the case’s exclusive facts and the state in which the claim is made, the time and complexity of the legal process in a wrongful death lawsuit can vary. A knowledgeable wrongful death attorney in Sacramento will guide you through the legal procedure and uphold your rights. The steps of the legal process in wrongful death cases are as follows:

  1. A wrongful death case relies on evidence collection, such as medical records, eyewitness testimony, and expert testimony.
  2. After the complaint is filed in civil court, the defendant is served with it.
  3. During the discovery process, the parties share information, including depositions.
  4. The court hears motions from both sides, such as petitions for summary judgment or the exclusion of evidence.
  5. During a trial, the judge or jury hears evidence and arguments.
  6. The defendant can question and appeal if the plaintiff wins with a court-granted judgment.

Why Do I Need to Hire a Wrongful Death Lawyer?

Hiring a Sacramento wrongful death attorney has several advantages, including a more detailed understanding of the legal procedure, rights protection, court representation, maximum compensation, and peace of mind. Most importantly, you get a team of investigators, experts, and lawyers that will gather the evidence needed to meet the burden of proof. The team at Berg Injury Lawyers will give you individualized advice and provide the best outcome for your case.

What Should I Expect from a Wrongful Death Lawyer?

The following are what to expect when you hire an attorney:

  • Legal counsel and direction
  • Recurring interaction
  • Investigation
  • Consultation step
  • Court representation
  • Pursuit of maximum compensation
  • Commitment and professionalism

How Long Do I Have to File a Wrongful Death Lawsuit?

The time in which you must initiate a wrongful death case varies from state to state. Understanding the precise timeframes that apply to your case requires speaking with a Sacramento wrongful death attorney, as soon as possible.

The longer you wait to file a claim, the more difficult it is to gather evidence and build a solid case. If you are unsure if you have a case, you should still contact an attorney for a free case evaluation. It is confidential and will help you make the best decision for you and your family.

Berg Injury Lawyers has extensive experience working with wrongful death lawsuits in Sacramento and other areas in California. Reach out today for a free consultation with our wrongful death attorneys. We are here to help you get the compensation you and your family deserve.