Elk Grove Wrongful Death Lawyer
Never face a legal battle alone. We’re here to join forces with you. Hear what attorney Jeremy has to say.
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J.G. Winter Law: Proven wrongful death attorney
Attorney Jeremy, having lost his mother at 18, understands the profound pain of losing a loved one and the importance of compensation in the healing process. Driven by compassion, he and his dedicated team at JG Winter Law work tirelessly to secure fair compensation for clients. With years of experience, they have helped hundreds of clients recover millions. If you’ve lost a loved one in Elk Grove, you don’t have to struggle alone. Contact J.G. Winter Law for a free consultation today.
- Medical expenses
- Long-term care
- Rehabilitation
- Loss of wages
- Loss of earning power
- Pain and suffering
We stand behind the principle that financial cost should not hinder your ability to attain experienced legal advocacy. It is our promise that you will not pay anything unless we win your case for you.
What is a wrongful death lawsuit?
Rightful individuals for a wrongful death claim
- Immediate family members such as spouse, partner or children
- Parents or siblings who were financially dependent on the victim at the time of death
- Putative spouses and children
- A personal representative or the executor, if there’s no other surviving kin
Common causes of wrongful death
Wrongful death can occur due to several reasons. Some of the common causes of wrongful death in Elk Grove are as follows:
Vehicle accident
Wrongful death can happen because of vehicle accidents. This can be the fault of a driver who wasn’t paying attention, was driving too fast, or was drinking and driving. It can also happen if the car has something wrong, like bad brakes or tires. Sometimes, dangerous roads with potholes or missing signs can also cause deadly accidents.
Medical malpractice
Doctors, nurses, and hospitals must follow certain standards of care. If they make a serious mistake, like a misdiagnosis, surgical error, or medication error, and it results in someone’s death, they can be held responsible.
Workplace accidents
Employers have a responsibility to provide a safe workplace for their employees. This includes proper training, safety equipment, and regular maintenance of tools and machinery. If they fail to do this and someone dies as a result, they can be held liable.
Product liability
Companies must ensure that the products they make and sell are safe for consumers. If a defective product causes someone’s death, the company can be held responsible, even if they didn’t know about the defect.
Criminal acts
This is when someone intentionally causes harm to another person, resulting in their death. This includes crimes like murder, manslaughter, and vehicular homicide.
Aviation accidents
Airlines, pilots, and airplane manufacturers are responsible for ensuring passengers’ safety. If a plane crash occurs due to negligence or a mistake made by any of these parties, it can result in a wrongful death claim.
Time frame for your wrongful death claim
You can file a wrongful death lawsuit if you have lost a family member in Elk Grove. However, a statute of limitation allows the claimants to file their case within a certain time interval. You should be mindful of this time frame otherwise, you may lose your right to the claims.
Following are the statute of limitations established in Elk Grove for your wrongful death claims:
- According to California Code of Civil Procedure Section 335.1, you have generally 2 years after the death of the victim to file a wrongful death lawsuit. If the claimant is minor, this clock is tolled till they turn 18.
- According to California Government Code Section 911.2, you have only 6 months from the date of the victim’s death to file a claim against the government body.
- According to California Code of Civil Procedure Section 340.5, you have one year from the date you discover that the death was caused by medical malpractice. However, the maximum time limit for discovery of malpractice and case filing is three years from the date of death of the victim.
Proving a wrongful death case
- Establish duty of care: There is a certain duty of care that the faulty party must follow. For instance, drivers must follow traffic rules while driving the vehicle to ensure safety.
- Demonstrate breach of duty: Next, you must prove that the at-fault party’s negligence breached their duty of care. For example, the driver ignored the traffic lights and violated the traffic rules.
- Connect breach to death: You should be able to connect the breach of duty caused the death of the victim. For example, a driver, while ignoring the traffic lights, hit the victim and caused death.
- Prove the harm from the death: Finally, you should prove the damages that harmed you are caused by the loss of your loved ones.
Damages you can claim
There are several damages you can claim through a wrongful death suit in Elk Grove, as follows:
Economic damages
These damages include the financial losses that you bear due to wrongful death, which are
- Medical expenses for the deceased
- Funeral and burial expenses
- Lost income and earning capacity
- Loss of services and financial support the deceased may have provided
Non-economic damages
These are the mental and emotional damages that occur due to the decease of your loved ones. These include:
- Loss of companionship
- Loss of love, affection, guidance and support
- Emotional distress
- Anxiety
- Loss of enjoyment in life
Punitive damage
Punitive damages are provided when the accident is caused by recklessness, extreme negligence, or intentional acts of the at-fault party. They are provided to set an example and prevent such incidents from happening in the future.
Elevate your case with a seasoned wrongful death lawyer
The sudden loss of a loved one is a heartbreaking experience. Unfortunately, insurance companies sometimes prioritize their own profits and try to pay out as little as possible on claims. They do separate investigations to search for clues so that they can be free from liabilities. However, you can counter these by hiring a suitable wrongful death lawyer in Elk Grove. You can solidify your case as your lawyer performs effectively as follows:
Detailed investigation
If you and your lawyer decide to collaborate after an initial consultation of your case, they start the investigation. They gather documents, including medical reports and police reports. They also visit accident sites, collect photos, videos, and recordings, and get witness statements. Your lawyer has links with experts such as economic experts, medical experts, accident reconstructionists, etc., and gets expert advice from them. Your attorney will preserve all this evidence for further processing.
Precise liability and damage calculation
By analyzing all the evidence, your lawyer will determine the faulty party in your case and calculate damages. You may be unaware of your case’s possible liable entities and damages. In addition, you have to prove your claims. However, your lawyer, who has gained expertise over the years, knows the potential of your case and crafts a strategic plan to make your case successful.
Strong negotiation
Most wrongful death cases are settled through negotiation. Your lawyer is a strategic planner with excellent communication skills and emotional intelligence. They know most of the tactics that a profit-oriented insurance company would apply. They counter such manipulations with their negotiation skills at the point and get you a satisfactory settlement.
Courtroom expertise
In certain situations, if your case goes to court, your lawyer will represent you and meticulously handle the litigation process of your case. They know the court culture and effectively represent you to get a favorable verdict.
Higher chance of just compensation
Claiming for compensation does not oblige the faulty party to pay you. You need to substantiate your claims with proper proof. Your lawyer will leverage every resource to make your case strong. They make no place for any manipulation and denial of liability from the faulty party. Hence, your wrongful death lawyer increases your chances of getting fair compensation.
Consult your case to an Elk Grove wrongful death lawyer today
Our Testimonials
Shyra Aranda
- Verified Client
I had the pleasure of working with Jeremy, and I couldn't be happier with the outcome of my case. From the very beginning, Jeremy was compassionate and understanding of my situation. He took the time to listen to my concerns and explain the legal process in a way that was easy for me to understand.
Erik Oh
- Verified Client
Jeremy’s knowledge and expertise quickly resolved all stress and pressure and concluded with the result we were looking for. He knows the law and knew my rights - I felt extremely confident in every step because he forecasted every potential scenario and the desired outcome with the steps to get there. He was phenomenal!
FAQs on Elk Grove wrongful death lawyer
What is the difference between wrongful death and survival action in Elk Grove?
Wrongful death claims are made by the family members of the victim for damages they suffered due to the death of the victim. But in survival action, the family members can receive compensation on behalf of the victim if they have not died.
What is Elk Grove's average wrongful death settlement?
The wrongful death settlement varies depending on the uniqueness and complexity of each case. Typically, the average settlement ranges from $500,000 to over $1,000,000, but these numbers can vary considerably.
How long does resolving a wrongful death case in Elk Grove typically take?
A wrongful case can take months or years to resolve. This significant variation in time is due to the case’s complexity, the parties’ cooperation, court schedules, and negotiations between them.
How much does an Elk Grove wrongful death attorney cost?
Most wrongful death attorneys work on a contingency basis in Elk Grove. They may take 25-40% of your compensation worth, which you decide in the initial consultation.
How do families divide compensation in wrongful lawsuits?
Family members divide the compensation of wrongful death lawsuits among themselves based on their relationship with the victim and level of dependency. However, if they do not agree, they can take their case to court and divide the monetary award based on the verdict.
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