Folsom Wrongful Death Lawyer – Fight for Your Loved One
We are sorry for your loss. Jeremy knows because he’s been there. Hear what attorney Jeremy has to say about wrongful death!
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Wrongful death attorneys in Folsom
Providing the highest quality legal representation
Losing someone you love due to a careless person’s negligence is painful and life-altering. You and your family are likely to need a strong ally that provides both emotional and qualified legal support. An experienced Folsom wrongful death lawyer does just that, acting as your trusted advocate during this difficult time.
Why choose J.G. Winter Law for your wrongful death cases in Folsom?
- 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.
Why hiring a Folsom wrongful death attorney is crucial
How an attorney strengthens your case and maximizes compensation
A wrongful death lawyer gives your case legal power, strategic precision, and emotional protection. With a lawyer by your side, you’re far more likely to recover full damages, including medical bills, lost income expenses, and funeral expenses, as well as loss of companionship, guidance, and emotional support. A lawyer helps you in five crucial ways as a wrongful death case unfolds.
- They gather evidence quickly before it is lost or destroyed.
- They work with accident reconstructionists, medical experts, and financial analysts to prove both negligence and the full economic impact of your loved one’s death.
- They understand California wrongful death laws and use them to position your case for maximum value.
- Most importantly, they know how to negotiate with insurance companies who often play hardball with grieving families.
Why insurance companies undervalue wrongful death claims ?
Insurance companies undervalue wrongful death claims because their primary goal is to save money, not to do what’s fair for you.
Without legal counsel, many families accept far less than their claim is worth, often within days or weeks of the tragedy. A wrongful death attorney in Folsom knows these tricks and won’t let insurers take advantage of your grief.
How experienced wrongful death lawyers handle complex cases better
Experienced lawyers have seen all angles of the system and how to win the case. Wrongful death cases often involve 4 key components:
- Multiple liable parties (e.g., in multi-vehicle accidents or employer negligence)
- Expert testimony, such as medical professionals or accident reconstruction specialists
- Disputed liability, where the at-fault party denies wrongdoing
- Large financial damages, which insurers fight aggressively
Who can file a wrongful death lawsuit in California?
You can file a wrongful death lawsuit in California if you are a close family member or a dependent of the deceased.
Knowing whether you can file a claim is the first and most crucial step toward justice. California’s wrongful death laws outline exactly who is eligible, how claims are prioritized, and what compensation may be available.
Who is eligible to file a wrongful death claim in California?
The following people are allowed to file a wrongful death lawsuit for their loved one under the California Civil Code § 377.60:
- Surviving spouse or registered domestic partner
- Children of the deceased
- Parents or stepchildren, if they were financially dependent on the deceased
- Other heirs such as siblings or extended family, but only if there are no closer relatives
Contact a wrongful death attorney to review your family’s situation and determine your eligibility based on California law.
Legal rights of spouses, children, and dependents in wrongful death cases
Under California law (California Code of Civil Procedure § 377.60), eligible family members have the right to compensation, but what they can recover depends on their relationship to the deceased.
- Spouses/Domestic Partners: Have the strongest legal standing. They can recover both economic damages (like loss of income or services) and non-economic damages (such as loss of love, companionship, intimacy, and emotional support).
- Children (Biological or Adopted): Entitled to compensation for the loss of parental care, guidance, financial support, and emotional comfort. This applies to both minors and adult children, depending on dependency.
- Financially Dependent Parents or Stepchildren: Must prove financial reliance on the deceased to qualify for damages. This is common in cases where the deceased was helping an elderly parent or raising a stepchild.
What damages can be recovered? (financial and emotional losses)
Families can recover both financial (economic) and emotional (non-economic) damages through a wrongful death lawsuit.
- Medical expenses
- Funeral and burial costs
- Loss of the deceased’s income and future financial support
- Loss of household services
- Loss of companionship
- Loss of love, affection, guidance, and moral support
- Loss of sexual relations or partnership (for spouses)
Can you recover punitive damages in a California wrongful death case?
Family members cannot recover punitive damages in most California wrongful death cases. However, the decedent’s estate, which is the official legal representative of the deceased’s rights, can pursue them through a separate legal process called a survival action, as outlined in California Code of Civil Procedure § 377.30.
Step-by-step guide to filing a wrongful death claim in Folsom
What to do immediately after a loved one’s wrongful death
You must follow these three immediate steps after a loved one’s wrongful death.
- Save accident reports, medical records, and any relevant documents.
- Keep physical evidence, such as damaged property or clothing.
- Collect photos, videos, and any surveillance footage.
- Do not give statements or accept settlements before consulting an attorney.
- An attorney will protect your rights, assess your case, and handle legal complexities from day one.
California’s statute of limitations – how long do you have to file a claim?
You have two years from the date of death to file a wrongful death lawsuit in California. Some exceptions apply, such as cases involving government entities or delayed discovery of negligence. Generally, missing this deadline results in losing your right to seek compensation.
Key evidence needed to prove negligence and liability
You must gather 5 pieces of crucial evidence to build a strong case, including:
- Loss of companionship
- Loss of love, affection, guidance, and moral support
- Loss of sexual relations or partnership (for spouses)
Common mistakes that can hurt your wrongful death case
Even with a strong claim, certain missteps can jeopardize your case. Avoid these four critical errors.
Waiting too long to file a claim
Time can erode both evidence and legal rights. Witnesses forget details, documents get lost, and physical evidence can degrade. So, the sooner you involve a lawyer, the stronger your case will be.
Accepting a quick settlement from insurance companies
Don’t sign anything without legal guidance. Early settlement offers often fall short of covering long-term financial and emotional losses. You cannot seek additional compensation later once you accept a settlement. An experienced attorney will assess the true value of your claim before you agree to anything.
Not gathering sufficient evidence to prove negligence
Your case must demonstrate negligence and liability on the part of the defendant via solid evidence. Your claim will fall apart in court without documentation and expert support. An attorney ensures all critical evidence is gathered and properly presented.
Failing to hire an experienced wrongful death lawyer
Your claim is often underprepared or undervalued without input from a legal specialist. The right lawyer negotiates stronger settlements and takes the case to trial if necessary.
Common challenges in wrongful death cases and how our lawyers solve them
Wrongful death cases often come with legal roadblocks, aggressive opposition, and emotional pressure. At JG Winter, we know how to handle these challenges, and we do it with precision, strategy, and compassion.
Dealing with insurance companies and defense attorneys
Insurance companies and defense lawyers are trained to reduce payouts or deny fault. We push back hard. Our team handles all communication, counters lowball offers, and builds leverage through strong evidence and legal pressure so you’re not left vulnerable or overwhelmed.
Proving negligence in complex wrongful death cases
Establishing fault isn’t always straightforward. Our attorneys work with medical experts in malpractice cases, accident reconstructionists for traffic fatalities, and financial experts to calculate long-term losses. We comb through and connect every piece of evidence to show exactly how the defendant’s actions caused your loved one’s death and what it has cost your family.
What to do if the at-fault party denies responsibility?
You must file your case for trial if the at-fault party denies responsibility. From day one, our lawyers prepare your claim as if it is going before a jury from day one. That preparation gives us leverage in negotiations and ensures we’re ready to litigate if needed.
Why choose JG Winter for your wrongful death claim?
Choosing the right attorney can make the difference between a dismissed claim and a life-changing outcome. Here’s why families across California turn to JG Winter when it matters most.
Proven track record of winning wrongful death cases
We’ve recovered millions in settlements and verdicts for families throughout California. Our team knows how to build strong cases, and we don’t settle unless it’s the right and fair outcome for you.
Personalized legal support – We treat you like family
We treat every client like family. You’ll work directly with a dedicated attorney who listens, responds, and guides you through every step until the final resolution.
No fees unless we win – Risk-free representation
You face zero financial risk with our contingency fee model. You owe us nothing unless we win your case. No hourly fees. No retainers. Just results.
Speak with a trusted wrongful death lawyer in Folsom today
Let JG Winter help you take the first step toward justice today if you’ve lost a loved one due to someone else’s negligence.
Start your case with a top Folsom wrongful death lawyer
Early legal involvement improves outcomes. We act fast to preserve evidence, protect your rights, and stop insurance companies from taking advantage of your grief.
Free consultation – no fees unless we win
You’ll never pay anything out of pocket. Your consultation is 100% free, and you only pay if we win. No pressure—just straight answers about your legal options.
Contact our Folsom wrongful death attorneys now
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 about wrongful death lawsuits in Folsom
How much compensation can I expect in a wrongful death case?
You can expect from $100,000 to $500,000 or more in compensation for a wrongful death case in California.
What is the difference between wrongful death and unlawful death?
“Wrongful death” is a civil claim filed by family members. “Unlawful death” typically refers to a criminal charge, like manslaughter or murder.
Will I need to go to court, or can my case be settled outside?
Most cases settle out of court. However, you will need to go to court if a fair settlement isn’t offered.
What types of incidents qualify as wrongful death in California?
Car accidents, medical malpractice, workplace accidents, defective products, and criminal acts are the types of incidents that qualify as wrongful death in California.
About Folsom, CA
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- 102 Natoma St, Folsom, CA 95630
- 916-702-7870
- Mon – Fr: 9:00 – 18:00
- 1540 River Park Dr, Suite 114A, Sacramento, CA 95815
- 844-734-2626
- Mon – Sat: 9:00 – 18:00
