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McCrary Personal Injury Attorney
A wrongful death claim occurs when a party’s negligent conduct results in the death of another. The surviving family members can file a suit on behalf of the deceased person, also referred to as the decedent. While a successful wrongful death suit will not bring the victim back, it can allow the victim's loved ones to receive compensation for their loss.
A wrongful death lawsuit proceeds much like other personal injury cases involving negligence. [hyperlink to personal injury section]. However, the available damages are different in a wrongful death lawsuit. If a jury decides that the decedent’s family members proved the claim against the defendant for the death of their loved one, they then decide how much money will reasonably compensate them.
The family members do not have to prove the exact amount of these damages. The damages fall into two categories called economic damages and noneconomic damages.
Types of Economic Damages include (1) The financial support, if any, that the decedent would have contributed to the family during his or her life, (2) The loss of gifts or benefit that the family member would have expected to receive from the decedent; (3) Funeral and burial expenses; and (4) The reasonable value of household services that the decedent would have provided.
Categories of noneconomic damages include: (1) The loss of decedent’s love, companionship, comfort, care, assistance, protection, affection, society, moral support, (2) The loss of the enjoyment of sexual relations; or (3) The loss of decedent’s training and guidance.
No fixed standard exists for deciding the amount of noneconomic damages. A jury must use its judgment to decide a reasonable amount based on the evidence and their common sense.
Typically, we will file a survival action along with the wrongful death action. While a wrongful death action compensates the surviving family members for their losses, a “survival” cause of action compensates the estate for losses suffered by the decedent prior to death.
In a survival action the estate seeks to recover damages that occurred after the negligent act, but before the death. These damages include medical bills, lost wages, and damage to property. In certain circumstances punitive damages are also available in survival action, where they would not be in a wrongful death case.
If you lost a spouse or family member due to someone’s wrongful conduct you must immediately hire an experienced attorney to assist you. You are suffering enough after the death of a loved one. You should not have to worry about navigating the complex legal process on your own.
Why Personal Injury Victims
in NORCAL Choose Us
Choosing the best personal injury attorney is extremely important. Being an accident victim can be painful and overwhelming. Not even your own insurance company is on your side. McCrary Law Firm, PC will handle your insurance claim, and ensure you get back on your feet and back on the road in no time.
Our firm never charges any upfront fees. We handle personal injury cases on a contingency fee basis, which means, you don’t pay a thing unless we win or settle your case.
Insurance companies fear our office because we prepare every accident claim as if it were going to trial. This ensures the maximum compensation possible.
How we help the injured in placer county and norcal
McCrary Law Firm - Practice Areas
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McCrary Law Firm norcal attorney
Dan McCrary represent clients in the counties of Placer, Sacramento, the Central Valley, Bay Area & the Coast for auto accident cases, as well as Personal Injury Law | Motor Vehicle Accidents Law | Premises Liability Law | Construction Accident Law | Defective Product Liability Law | Traumatic Brain Injury Law | Wrongful Death Law. At NorcalAttorney.com our offices are located in Norcal and surrounding. We serve clients throughout the City of Rocklin, and the surrounding areas including:
San Mateo County, Contra Costa County, Solano County, Napa County, Stanislaus County, Yuba County, Colusa County,