Sacramento Wrongful Death Lawyer

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 families lives. On top of that, untimely wrongful death comes with debts, dues, and expenses.

Seeking an experienced Sacramento wrongful death lawyer is crucial. The unfortunate reality is that claim adjusters receive training to dispute liability. 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 complex and overwhelming at such a grievous 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. Our wrongful death lawyers know that you experienced catastrophic loss. Thus, we are here to help you get the compensation you deserve.

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:

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 Deathsuit?

A wrongful death occurs when caused by the intentional, negligent, or reckless actions of another person or party, as defined under the State of California’s Code of Civil Procedure Section 377.60. Your loved one’s death would not have occurred had they been careful and prevented that fatal accident. The person responsible will be subject to criminal charges by the state. They may also face a civil lawsuit initiated by the victim’s family for wrongful death.

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.

• California Government Code Section 911.2 states that if you are filing against a government body, you have only six months from the date of the fatal accident 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 crucial to consult an attorney to understand your case’s timelines and deadlines and act quickly. Thus, hire a Sacramento wrongful death lawyer as soon as possible because building your claim case can consume much of your time. You may lose your right to seek legal recourse if you fail within the strict statute of limitations.

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:

Vehicle accidents

The negligence of owners or car manufacturers, motorcycles, trucks, or other vehicles causes fatalities.

Medical malpractice

Death in hospitals, clinics, or nursing homes due to healthcare professionals’ negligence is considered a wrongful death.

Workplace accidents

Suppose fatal incidents happen in the workplace because of unsafe conditions, insufficient training, or employer negligence. In that case, they can qualify as wrongful deaths.

Product liability

Defective products can cause fatal injuries and cause death. Manufacturers, distributors, or retailers are liable for wrongful death if they fail to ensure the product’s safety.

Criminal acts

When someone intentionally kills another person through murder or manslaughter, we classify it as wrongful death.

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 factors specific to each situation.

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 overwhelming. Gathering evidence, understanding the state regulations, and dealing with the insurance company can take a toll on you.

Sacramento wrongful death lawyers have their expertise in such cases. Claims can be complex, and handling legal aspects would be challenging. They are the bridge that fills the gap between you and the law, especially for justice and fair compensation. Most importantly, they can prevent you from accepting a settlement that is less than what you deserve and argue on your behalf if the payment is not reached through negotiation.

Regardless, having a lawyer beside you is always beneficial for you because of the following:

• Legal expertise
• Thorough investigation
• Gathering evidence
• Calculating damages
• Negotiation and settlements
• Litigation representation

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.

Establish Duty of Care

Show that the responsible party owed a duty of care, such as proving that the driver was responsible for operating the vehicle safely. Or the healthcare professional had an obligation to provide proper medical care to the deceased.

Demonstrate Breach of Duty

Prove that the responsible party breached their duty of care. This could involve demonstrating their negligence, recklessness, or medical malpractice.

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.

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.

Expert Testimony

In complex cases, experts might need to provide professional opinions in areas relevant to your case, such as accident reconstruction and medical malpractice.

Documentation

Keep all your records, including medical bills, funeral expenses, and financial losses incurred due to the death. These records serve as evidence that you suffered the damages.

Proving a wrongful death case can be very complex. You must 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’s 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, 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.

Speak to a Sacramento Wrongful Death Lawyer Today

While no reward from a wrongful death suit can make up for the catastrophic loss of a family member, it can help relieve the financial burden to help your family begin to heal. 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.

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