Losing a loved one is a heartbreaking experience for those left behind. The grief is only made worse by learning that someone else’s reckless or intentional actions caused the death. Surviving family members have the right to be angry and demand justice for their tragic loss. In California, accountability can come by filing a wrongful death claim against the responsible party(s).
But who gets the settlement money in a wrongful death case? Certain family members are eligible for compensation according to state law. But people often don’t know who can take legal action and how money is distributed if the lawsuit is successful.
Wondering whether you could be a beneficiary in a Northern California wrongful death claim? Reach out to Demas Law Group today. Our compassionate legal team can answer your questions in a private and free consultation. Call or contact us now to speak with a wrongful death lawyer in Sacramento.
Who Receives Money After a Wrongful Death Lawsuit in Sacramento?
California’s wrongful death statute outlines potential beneficiaries in a successful claim. These individuals include the decedents:
- Surviving spouse or domestic partner
- Children
- Grandchildren
- Stepchildren, if they were financially dependent on the decedent for at least half of their financial support
- Individuals who are entitled to the deceased person’s property through California intestate succession laws
A “one-action” rule pertains to wrongful death cases in California. This law prevents multiple family members from bringing separate lawsuits against the at-fault party. In a California wrongful death case, all parties must come together in a single suit.
It is typically up to the family members to determine how the money in a wrongful death claim gets distributed. If disputes arise over who gets what, beneficiaries can ask the courts to help divide the money.
How Long Does a Wrongful Death Lawsuit Take?
Numerous factors can impact the length of a wrongful death case. Some lawsuits take months, while others may last for a year or more. Fortunately, the majority of wrongful death cases settle out of court. If the at-fault party accepts responsibility, the insurance company might make a settlement offer to resolve the case quickly.
However, insurers are notorious for minimizing claims to save money. The first settlement offer will almost certainly be less than the actual value of your claim. Never accept a settlement from an insurance company without consulting an attorney. The shock of your loss could lead you to accept far less than what you deserve and cause financial hardships later.
Your attorney might recommend filing a wrongful death lawsuit to pursue full and fair compensation depending on how settlement negotiations go. While litigation does take more time, it could give you a better chance at recovering maximum compensation. A skilled wrongful death lawyer can discuss the pros and cons of trial with you.
How Are Wrongful Death Damages Calculated?
The value of your case will reflect your family’s expenses and non-financial losses. Common types of wrongful death compensation include:
- Funeral and burial costs
- Medical expenses incurred before your loved one’s death
- Financial support the deceased person would have provided if they survived
- Loss of inheritance
- Domestic services the deceased person would have provided
- Loss of companionship and consortium
- Loss of love, guidance, moral support, and protection
While calculating your out-of-pocket expenses is mostly straightforward, quantifying your family’s non-financial losses can be more challenging. There is no cap on non-economic damages in California. It is up to a jury to weigh your intangible losses and decide how much your family deserves.
Contact a Sacramento Wrongful Death Lawyer Today
No one deserves to lose a family member due to negligence. If you’re grieving the loss of a loved one in Sacramento, let the wrongful death lawyers at Demas Law Group handle your case. We’ll fight aggressively to hold the at-fault party accountable for your relative’s passing so that you have the resources you need to rebuild your life. Call or fill out our online form for a free case review.
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