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Wrongful Death Attorney in Sacramento
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Northern California Sacramento Wrongful Death Attorney
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Wrongful death is the term used when someone causes the death of another
person. The death may be caused by the actions of someone or by their failure to
act (neglect). Wrongful death is a civil action rather than a criminal action.
Since the person killed (decedent) cannot file suit or collect damages, it is
the family or representatives of the estate that do so. The intent is to
recompense family members who have suffered monetarily and emotionally from the
death. Damages can be assessed for lost wages and benefits, loss of
companionship, and emotional pain and suffering caused by the trauma.
A defendant can only be held responsible for a wrongful death if it can be
proved that the defendant's conduct was the cause of the death. It must be
proved that the death would not have occurred without the defendant's act. The
time between the defendant's action and the death of the decedent is not a
factor as long as it can be proved that the defendant's action was the cause of
death.
If it can be shown that the decedent was partially responsible for his death,
then he may be found to have comparative or contributory negligence and
dependent upon the state in which the incident occurred, damages may be awarded
based on the percentage of negligence imputed to the decedent. Also, if the
decedent failed to seek appropriate medical care and that failure led to his
death, there may be no grounds for a wrongful death claim or a reduction to an
award.
Different states have different methods for deciding who may file a wrongful
death suit and who may recover damages. Generally, it must be shown that the
death was caused by another's wrongful act; that the act was such that the
decedent would have been due damages from the act; and that monetary damages did
arise from the act. If these three criteria are met, it is possible that a
wrongful death claim can be filed.
It is important to know what to do to protect the legal rights of yourself and
your loved ones. Selecting the right attorney is an important decision. You
should choose someone who is experienced, aggressive and dedicated to working to
get fair compensation for your injuries. Over the past we have successfully
handled thousands of injury and death cases. That is why you should contact the
Law Offices of Clancey, Doyle & O'Donnell.
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