Sacramento Wrongful Death Lawyer

A "wrongful death" occurs when a person is killed due to the negligence or misconduct of another individual, company or entity. Every state has a civil "wrongful death statute," or set of statutes, which establish the procedures for bringing a wrongful death action. An action for wrongful death belongs to certain persons identified by statute. In most states, such persons will include the decedent's immediate family members, such as surviving spouses and children, and sometimes parents or siblings. An attorney experienced in wrongful death law, like Sacramento attorney Frank D. Penney, can explain all of the intricacies of these lawsuits and help achieve the best possible outcome for survivors.

In order to bring a successful wrongful death cause of action, the following elements must be present:

• The death of a human being;
• Caused by another's negligence;
• Loss as a result of the death, and;
• The survival of family members or others named by a particular state's statute as being entitled to sue.

A wrongful death claim may arise out of a number of circumstances, such as in the following situations:

• Automobile, motorcycle, bicycle, train, trucking or airplane accident;
• Occupational exposure to hazardous conditions or substances;
• Death during a supervised activity.

Wrongful Death Damages

Pecuniary, or financial, injury is the main measure of damages in a wrongful death action. Courts have interpreted "pecuniary injuries" as including the loss of support, services, lost prospect of inheritance, and medical and funeral expenses. Most laws provide that the damages awarded for a wrongful death shall be fair and just compensation for the pecuniary injuries to the persons for whose benefit the action is brought, resulting from the decedent's death. If the persons bringing the action paid or are responsible for the funeral expenses or medical care incidental to the injury that caused the decedent's death, they may also recover those expenses. Finally, a damage award will include interest from the date of the decedent's death. State statutes vary on whether interest may be recovered.

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