Wrongful Death
At the Law Offices of Mark A. Doughty, we represent victims of automobile accidents, premises liability, and products liability matters in Sacramento personal injury cases, as well as representing families who have lost loved ones in wrongful death lawsuits from Sacramento to Yuba City.
When a loved one is lost due to the negligence of another, the surviving family members may be entitled to bring a claim of wrongful death against the party who is responsible. In a wrongful death action, the plaintiff is suing for the damages suffered directly by him or her due to the death of the family member.
California law allows the following types of damages to be recovered in a wrongful death action:
Economic Damages
- Funeral and burial expenses
- Loss of income, earnings, and money that would have been provided by your lost loved one to the family
- Loss of the reasonable value of household services the deceased would have provided
- Loss of financial support and gifts the deceased would have provided during his or her lifetime
Noneconomic Damages
- Loss of companionship
- Loss of marital (sexual) relations
- Loss of training and guidance
As noted above, the plaintiffs in a wrongful death action are the surviving family members of the deceased. Under California law, the family members allowed to file suit include:
- Surviving spouse or domestic partner
- Surviving children
- Grandchildren if the children are deceased
- Dependent parents or stepchildren
- Next of kin
For more information on precisely who can bring a wrongful death action, consult with an experienced personal injury attorney who has handled wrongful death cases.
Survival Actions
When a person is injured in an accident caused by another’s negligence, that person has the right to bring a personal injury lawsuit in Sacramento to recover for the damages he or she has suffered. But if the person dies before filing a lawsuit, or before seeing a lawsuit through to settlement or judgment, a personal representative of the estate may take over and file a survival action on behalf of the estate. In this case, allowable damages are those to which the deceased would have been entitled in a personal injury lawsuit, such as medical expenses and lost wages.
Since the benefactors of a wrongful death claim and a survival action are basically the same, and similar facts must be proven in both cases, the two actions are frequently tried together in one lawsuit, allowing the plaintiffs to maximize recovery without requiring the time, expense, and emotional trauma of two separate lawsuits.
If you have lost a family member due to the negligence or wrongful act of another party, whether in a motor vehicle, aircraft, boating accident, or other tragedy, contact the Law Offices of Mark A. Doughty today for a free initial consultation.
Happy Clients
I had a complicated case that was out of state. I hired Mr Doughty initially to take on the case. He was very knowledgeable and easy to talk to. His assistant, Jeanne, is very organized and does an amazing job keeping on top of all the paperwork that goes along with a case.
I have had the pleasure of both knowing Mark Doughty and being his client for the past 15 years. Since connecting with him in 2000, he has been extremely instrumental in helping our non-profit to succeed.
Mark and his assistant Jean have helped both my son and I with accident claims. Amazing attention to detail, extensive knowledge, caring people. I would recommend them over and over again.
I have used Mark Doughty since 2000 and he has assisted me with legal services on two non profit organizations and has always given me legal advise through the years. He has truly been a blessing.
I’ve had the pleasure to work with Mark for a number of years. Mark has earned my trust and respect as a true professional in his field.
Mark and his team are amazing!
I was rear ended in a automobile accident that resulted in medical bills, time off from work, and my car being out of service for a time being. Right away I came across Mark Doughty and his superb team and they jumped on my case instantly!
“Mark and his team are meticulous, tenacious, and eager to help. They were always there when I had questions and and turned a terrible situation into very positive outcome.
Mark and his team have been handling our motorcycle crash case and everything has been so easy. The insurance company we’re suing tried contacting us only once before Mark put a stop to them with a cease and desist. Mark’s team has taken care of EVERYTHING and has made this horrible process as easy as… Read more »