Sacramento Wrongful Death Lawyer
We are sorry for your loss. Jeremy knows because he’s been there. Hear what attorney Jeremy has to say about wrongful death!
Losing someone you love is hard. We know because our attorney, Jeremy, has been there. Don’t navigate this difficult time alone – let our Sacramento wrongful death lawyer fight your legal battles. We Care because We’ve Been There.
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Wrongful Death Attorney in Sacramento
Losing a loved one in a tragic event is devastating for any family. And when someone else’s negligence causes the tragedy, it leaves a massive void in the lives of the family members left behind. On top of that, untimely wrongful death is accompanied by various expenses, debts and due payments.
We sympathize with all who encounter this unfortunate situation and understand nothing can truly or completely take away the pain and suffering of losing a loved one. But, we acknowledge that many families have found a degree of comfort by securing the financial support needed during these challenging times by properly pursuing a wrongful death claim.
Seeking an experienced Sacramento wrongful death lawyer is crucial to succeeding in these claims. The unfortunate reality is that insurance claims adjusters receive training to dispute liability, especially with so much at stake. They try to compensate you as little as possible for the accidents caused by the negligence of the party they have insured. Dealing with insurance companies can be tricky, difficult and even overwhelming during such a somber and emotional time, which is why we are here.
At the Law Offices of J.G. Winter, we know exactly how you are feeling. We understand that you have suffered a devastating loss, and we empathize with that loss. Our wrongful death lawyers are here to support you both emotionally and legally, and we will help get you on track to get the compensation you deserve.
Importance of Hiring Proven Wrongful Death Attorneys
Led by Attorney Jeremy G. Winter, Esq., we provide effective legal presentation and advice to our clients in Sacramento and across California who have suffered the needless death of a loved one. To speak with Attorney Jeremy about your case, schedule a free consultation by completing a contact form or calling 1.844.517.0586.
If a loved one passed away as a result of another’s negligence or wrongdoing, it is vital that you contact an attorney who has experience handling these intricate cases. With resources that include industry experts, investigators, and medical professionals, we will fight for full and fair compensation for all damages:
- 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.
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What is a Wrongful Deathsuit?
In Sacramento County and all other California counties under the state’s jurisdiction, wrongful death occurs when a defendant’s life expires due to neglect or intentional action by a person, company or entity. Your loved one’s death would not have occurred had the other party been more careful and more responsible to prevent that fatal accident. The responsible party will be subject to criminal charges by the state. They may also face a civil lawsuit initiated by the victim’s family for the wrongful death condition.
A wrongful death claim seeks compensation for the losses and damages suffered by the grieving family. But, you must consider the time limit when filing a lawsuit against a negligent party.
- According to California Code of Civil Procedure Section 335.1, a wrongful death claim is similar to a personal injury lawsuit. You only have two years from the date of the death to take legal action. But some exceptions exist for medical malpractice, government entities and other cases.
- As stated by California Government Code Section 911.2, if you are filing against a government body then you only have six months from the fatal accident date to file the notice of claim.
- A wrongful death claim must be filed within three years from the incident date or within one year of discovering the death or injury, whichever comes first, according to California Code of Civil Procedure Section 340.5.
It is imperative to consult an attorney to understand your case’s timelines and deadlines and act quickly. Thus, you should retain the services of a Sacramento wrongful death lawyer as soon as possible because building your claim case can consume much of your available time. You may lose your right to seek legal recourse if you fail to file within the strict statute of limitations window.
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Common Causes Of Wrongful Death
Wrongful death refers to a situation where a person’s death is caused by the negligence or misconduct of another individual, company, or entity. The most common causes of wrongful death include:
1. Vehicle accidents
The negligence of owners or car manufacturers, motorcycles, trucks or other vehicles causes fatalities.
2. Medical malpractice
Death in hospitals, clinics, or nursing homes due to healthcare professionals’ negligence is considered a wrongful death.
3. Workplace accidents
Fatal incidents may happen in the workplace because of unsafe conditions, insufficient training or employer negligence. In certain cases, they can qualify as wrongful deaths.
4. Product liability
Defective products can leave their users with fatal injuries that lead to death . Manufacturers, distributors or retailers are liable for wrongful death if they fail to ensure the product’s safety.
5. Criminal acts
When someone intentionally kills another person through murder or manslaughter, we classify it as wrongful death.
6. Aviation accidents
When a death occurs from an aviation accident/plane crash, the airline, pilot or manufacturer is established as a negligent party and is responsible for wrongful death lawsuits.
It’s important to note that each case is different. Legal liability for wrongful death depends on establishing negligence, causation and other factors specific to the situation of each case.
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Do I Need a Lawyer For a Wrongful Death Claim In Sacramento?
YES! Filing a wrongful death claim is an immense emotional process. When you are grieving, getting involved in legal activities can be distracting if not completely overwhelming. Gathering evidence, researching state regulations and dealing with insurance companies minimizing or downplaying your enormous loss will undoubtedly take a toll on you.
Sacramento wrongful death lawyers have specialized expertise in handling the procedure for such cases. Claims can be intricate and multifaceted, and handling legal aspects are challenging even for legal industry veterans. Bar-certified wrongful death attorneys are the bridge that fills the gap between you and your understanding of the laws and statutes, especially with respect to finding justice and fair compensation. Perhaps most importantly, attorneys can prevent you from accepting a settlement that is less than what you deserve and argue vehemently on your behalf if the fair payout amount is not reached through negotiation.
Rather than go it alone in your moment of greatest need, having a lawyer beside you is always beneficial because of the following:
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Advanced legal expertise
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Thorough investigation methods
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Gathering and organizing evidence
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Calculating damages
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Negotiations and settlements
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Litigation representation for paperwork and court appearances
How To Prove a Wrongful Death Case?
To prove a wrongful death case in Sacramento County, you need to confirm that the responsible party had a duty of care and breached it. This failure directly caused death and resulted in damages for you as a surviving family.
1. Establish Duty of Care
Show that the responsible party owed a duty of care, such as proving that a driver was responsible for operating the vehicle safely or a healthcare professional had an obligation to provide proper medical care to the deceased.
2. Demonstrate Breach of Duty
Prove that the responsible party breached their duty of care. This could involve demonstrating their negligence, recklessness or medical malpractice.
3. Connect Breach to Death
Establish a direct connection between the breach of duty and the death of your loved one. You must demonstrate that the responsible party’s negligence directly contributed to the fatal incident.
4. Gather Evidence
Collect relevant evidence to support your case. This includes accident reports, medical records, expert opinions, witness testimonies, photographs, videos and other documentation that helps establish negligence and liability.
5. Expert Testimony
In complex cases, industry-specific experts might be necessary to provide professional opinions in areas relevant to your case, such as accident reconstruction and medical malpractice.
6. Documentation
Keep all your records, including medical bills, funeral expenses, witness statement transcripts and financial losses incurred due to the death. These records serve as evidence that you suffered the damages.
Proving a wrongful death case is a complex multi-step process. It is crucial that you consult with a Sacramento wrongful death lawyer or personal injury attorney to understand the tailored legal standards applicable to your situation.
Who can bring a wrongful death claim in Sacramento, California?
In Sacramento, California, wrongful death claims can be brought by individuals who are legal beneficiaries or representatives of the deceased person, such as:
- Immediate family members (Spouse / Partner / Children)
- Financial dependents at the time of death (Parents / Siblings)
- Putative spouses and children
- A personal representative or the executor (If there is no surviving kin)
What Damages are Awarded in a Wrongful Death Lawsuit?
In a Sacramento wrongful death lawsuit, the types of damages that may be awarded to you are:
Economic damages
Economic damages aim to compensate you for the financial losses you endured because of your loved one’s death. They can be:
- Medical expenses
- Funeral and burial expenses
- Loss of income and potential future earnings and benefits the deceased would have provided
- Loss of inheritance
- Costs related to the administration of the estate
Non-economic damages
Non-economic damages compensate for the emotional and non-financial impact you endured because of the death. They are:
- Loss of companionship, love, guidance and support
- Emotional distress, suffering and pain caused by the death
- Loss of consortium
- Loss of care, nurturing and guidance for surviving children
Punitive damages
Depending on your cases, you may be awarded punitive damages if you wish to punish the negligent party for their action. However, they are not granted in all wrongful death cases and are reserved for cases that involve intentional harm.
The lawsuit settlement amount awarded varies with the case type and the prevalence of recent similar cases to establish precedent, so consult an experienced wrongful death attorney in Sacramento. You will understand the potential damages applicable to your case and honor your loved one by protecting their rights.
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Speak to a Sacramento Wrongful Death Lawyer Today
While no reward from a wrongful death lawsuit can compensate for the catastrophic loss of a family member, it can help relieve the financial burden. If you lost a loved one due to wrongful death in Sacramento, contact the Law Office of JG Winter to learn your legal options. JG Winter will help you get the compensation you deserve. Contact us or call us to get a free consultation.
Led by Attorney Jeremy G. Winter, Esq., our dedicated team is committed to providing you with timely and essential legal guidance and representation. We will tirelessly fight to ensure your loved one is not forgotten and ultimately receives the full justice and honor they deserve.
Financial costs should not hinder your ability to attain experienced legal advocacy. We work on pure contingency, which means you will only pay us if and when we win your case. So, do not hesitate to book your free case evaluation.
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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!
Wrongful Death FAQs In Sacramento, California
What is the Difference Between Wrongful Death and Survival Action in Sacramento?
The critical difference between wrongful death and survival action in Sacramento is the focus of the claim. Wrongful death compensates the surviving family members of the deceased. In contrast, survival actions recover damages on behalf of the deceased person for the losses they suffered before passing away.
What is the wrongful death statute of limitations in California?
The statute of limitations for wrongful death claims in California is usually two years from the date of the death. However, there are exceptions for cases involving medical malpractice, government entities and other isolated specific circumstances. For claims against government bodies, a notice of claim must be filed within six months of the fatal accident date. There is also a three-year time limit from the incident date or one year from the discovery of the injury (whichever comes first) for filing a wrongful death claim.
How much can you sue for wrongful death?
The amount you can sue for in a wrongful death case in California usually ranges from $50,000 to $1 million. However, the exact amount can vary depending on the factors such as economic or non-economic damages and the deceased’s financial contributions to the family.
How long does it take to get paid after a wrongful death settlement?
In Sacramento, a wrongful death settlement generally takes about six weeks to 3 months to get paid once a settlement agreement is reached and signed by the at-fault party. However, it may take more than three months, depending on the complexity of your case.
Who can bring a wrongful death action?
In Sacramento, the deceased’s spouse, domestic partners, children, putative spouse, children, or siblings can bring a wrongful death action. Grandchildren can file for criminal death action if the deceased’s children are not alive.
How do families divide compensation in wrongful death lawsuits?
Based on the relationship to the deceased person and the level of dependency, the compensation is allocated proportionally among the closest remaining family members. Factors such as financial dependency and losses are considered when assessing compensation. However, if the family members disagree on the amounts, the court may decide how to apportion the compensation pool.
How much does a Sacramento wrongful death attorney cost?
Nearly all lawyers in California work on a contingency fee basis, and only very rarely will you encounter one that handles wrongful death lawsuits using a per-case rate. Contingency means that the service provider only receives a payment if they successfully recover compensation on your behalf, i.e. it is “contingent” on achieving a desired outcome. The attorney’s fee is usually a percentage of the settlement, typically 25% to 40%. However, discussing the specific compensation fee with the attorney during the initial consultation, once top-level background information of your specific case is provided and preliminary questions are answered, would be the best course of action for both you and your service provider.
About Sacramento, California
The city of Sacramento blends innovation and history to create a fascinating atmosphere. As the capital of California, it stands proudly at the confluence of the Sacramento and American Rivers, with landmarks like the California State Capitol Building and Old Sacramento reflecting its rich heritage. The city’s story unfolds through its unique districts, such as East Sacramento and Downtown Sacramento, from the legacy of John Augustus Sutter to the multicultural charm of its historic Chinatown. Museums, festivals, and educational institutions like UC Davis and California State University, Sacramento, reflect the city’s vibrant culture. Embrace the warm Mediterranean climate as you explore landmarks like the Tower Bridge and enjoy sun-soaked days. The city’s past and present weave seamlessly, offering a unique experience where modern spirit meets historical significance.
Local Courthouse – Wrongful Death Lawyer Near Sacramento, CA
Losing a loved one in a tragic event is devastating for any family. And when someone else’s negligence causes the tragedy, we know you are going through a tough time. Hiring the right, wrongful death lawyer can make a significant difference when dealing with such a difficult time. You will spend hours and hours at your local Sacramento Courthouse trying to figure out what to do on your own. If you don’t hire a lawyer, you might waste countless hours and likely receive less settlement than you could have gotten with professional help. That’s why hiring the right lawyer can help to resolve your case and settle it faster. Most importantly, you’re more likely to receive a larger settlement.
At J.G. Winter Law, we’re here to help, and it won’t cost you anything to consult with us. If you have any questions or want to know how much you might be owed, contact us for a free consultation. In California, you have up to 2 years to file a claim and sue for compensation. If you decide to go to the court by yourself, you can find Sacramento County Courthouse at 720 9th Street, Sacramento, CA 95814. But, if you want professional help, our wrongful death attorney in Sacramento would gladly assist you.
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