In a city like Sacramento, where families build their futures and work hard for a good life, wrongful death claims exist to make sure negligence doesn’t go unanswered. Sacramento, like the rest of California, follows strict laws about what counts as wrongful death. If there’s a dispute over who can file, or if multiple family members want to take legal action, things can get complicated.
The key to a wrongful death claim is proving that the death happened because of someone else’s negligence. If the person responsible had just done what they were supposed to do, say, follow traffic laws, provide proper medical care, or perhaps ensure safety at work, then the death wouldn’t have happened.
A Sacramento wrongful death attorney at Singleton Schreiber can help prove negligence on the part of the at-fault party and bring them to book legally. These are seasoned lawyers who understand the state laws and can guide families through the process to make sure everything is handled properly.
One of the most important things to know about wrongful death claims in Sacramento is that there’s a deadline. This is called the statute of limitations, and in California, families generally have two years from the date of death to file a lawsuit. If you wait too long, you may lose the right to seek compensation altogether.
Some situations may change this deadline. For example, if the wrongful death was caused by a government agency, like a public hospital or a city-run transportation service, then the time limit to file may be much shorter. That’s why it’s important to get legal advice as soon as possible.
Who Can File a Wrongful Death Claim?
Not everyone can file a wrongful death claim. Usually, it’s the people closest to the person who died, that is, the ones who depended on them emotionally and financially.
The first in line to file are:
- Spouses or domestic partners: If the person who died was married or in a registered domestic partnership, their spouse or partner has the right to file a claim.
- Children: If the deceased had kids, they can file a lawsuit to seek compensation.
- Parents: If the deceased was a minor, parents have the right to file. If the deceased was an adult but had no spouse or children, parents may also be eligible.
But what if none of these relatives exist? In that case, the right to file might go to:
- Siblings or other family members: If the deceased had no spouse, children, or living parents, siblings might be able to file. In some cases, even nieces, nephews, or grandparents can have a claim.
- Financial dependents: If someone relied financially on the deceased, even if they weren’t related by blood, they might be able to file a claim.
- The estate representative: If no close relatives exist, the executor of the deceased’s estate may be responsible for bringing the claim forward.
Conclusion
If the person who died had a will, it might influence who has the right to file. Some cases require the executor of the deceased’s estate to bring the lawsuit, while others allow family members to file directly.
Ultimately, a lawyer is always needed to help families understand who can file, what evidence is needed, and how to navigate the legal system.
