Sacramento Wrongful Death Lawyer
A loved one’s untimely death is a devastating loss to bear, especially when another person is to blame. When a family member’s death is caused by another person’s negligent or purposeful acts, California legislation provides a way for you to obtain damages. An experienced and understanding Sacramento wrongful death attorney can help you secure the financial reparations your family deserves under this law.
YEARS OF EXPERIENCE
Schedule A Free Case Evaluation Today!
EXPERIENCED WRONGFUL DEATH LAWYERS IN SACRAMENTO
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.
What Is a Wrongful Death Lawsuit?
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:
The negligence of owners or car manufacturers, motorcycles, trucks, or other vehicles causes fatalities.
Death in hospitals, clinics, or nursing homes due to healthcare professionals’ negligence is considered a wrongful death.
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.
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.
When someone intentionally kills another person through murder or manslaughter, we classify it as wrongful death.
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.
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.
In complex cases, experts might need to provide professional opinions in areas relevant to your case, such as accident reconstruction and medical malpractice.
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 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 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
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.
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.
Contact Experienced Wrongful Death Lawyers in Sacramento
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 844-734-2626.
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.
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. At the same time, survival actions recover damages on behalf of the deceased person for the losses they suffered before passing away.
What Is The Average Wrongful Death Settlement In Sacramento, California?
The average wrongful death settlement in California can vary widely depending on various factors, such as the circumstances of the case, the extent of damages, and the parties involved. Settlement amounts can range from thousands to millions of dollars. It’s essential to consult with an attorney who can evaluate the specific details of your case.
What Is The New Law In California For Wrongful Death Due To Medical Negligence?
As of January 1, 2023, a new law in California has increased the damages cap for wrongful death resulting from medical malpractice. The cap has been raised from $250,000 to $500,000 and will gradually increase to $1 million over the next ten years. This change was enacted through a bill signed by California Governor Newsom in 2022.
Will I Have To Pay Upfront Fees To A Wrongful Death Lawyer?
Dealing with the legal aftermath of a wrongful death can be overwhelming, and we want to alleviate some of the financial stress. At J.G. Winter Law, our contingency fee arrangement ensures that you won’t be charged any fees unless we achieve a successful outcome in your case. Our commitment to you is not just legal representation but also a partnership focused on obtaining justice and compensation.
Can I File A Wrongful Death Claim For A Family Member Who Died In Sacramento?
Yes, suppose you are an eligible family member or a designated personal representative of the deceased’s estate. In that case, you can file a wrongful death claim for a family member who died in Sacramento or California. Eligible family members typically include the surviving spouse, domestic partner, children, and other dependent relatives.
How Much Can You Sue for Wrongful Death?
The amount you can sue for in a wrongful death case in California mostly ranges from $50,000 to $1 million. However, it can vary depending on the factors such as economic or non-economic damages and the deceased’s financial contributions to the family.
What Is The Statute Of Limitations For A Wrongful Death Claim In California?
In California, the statute of limitations for filing a wrongful death claim is generally two years from the date of the person’s death. However, some exceptions and factors can impact the timeline. It’s crucial to consult with an attorney to understand the specific statute of limitations that apply to your case.
How Long Does Resolving A Wrongful Death Case In Sacramento Typically Take?
The time it takes to resolve a wrongful death case in Sacramento, or any other location, can vary significantly depending on factors such as the case’s complexity, the cooperation of the parties involved, court schedules, and negotiations between them. Some cases can be resolved in months, while others may take years. It’s best to consult with an attorney who can provide a more accurate assessment based on the specific details of your case.
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 divided among the family members. Factors such as financial dependency and losses are considered when assessing compensation. However, the court may decide if the family members disagree.
How Much Does a Sacramento Wrongful Death Attorney Cost?
Many lawyers in California work on a contingency fee basis, and only (maybe) a few work with their per-case rate. This means they only receive a payment if they successfully recover compensation on your behalf. The attorney’s fee is usually a percentage of the settlement, typically 25% to 40%. However, discussing the specific portion with the attorney during the initial consultation would be best.
Visit Us Today
Law Offices of J.G. Winter
1540 River Park Dr
Sacramento, CA 95815