At the Law Offices of JG Winter, we understand that no dollar amount can make up for your tremendous loss. However, you should not have to worry about paying for medical bills and other costs related to the death of your loved one. With the skilled legal counsel of a Sacramento wrongful death attorney like Jeremy G. Winter , you can hold the at-fault party responsible.
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 .
Suppose your family member’s wrongful death was caused by another person or party’s negligent or wrongful acts. In that case, you must satisfy all of the legal elements of negligence to bring a wrongful death action.
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The negligent or careless acts of a person can result in a fatality in different ways. For example, a distracted driver who hit a pedestrian at a crosswalk could be held accountable for wrongful death. On the other hand, murder is intentional wrongful death caused by a person’s deliberate and reckless behavior.
In some cases, the death is caused by a defective product rather than another person. For example, if an airbag failed to deploy during a car accident, which led to a person’s death that would have been survivable if the airbag worked, the car manufacturer may be held responsible for the wrongful death.
Under California law, the decedent’s surviving spouse, partner, children, or other family members can sue the liable party for damages. The court determines whether the responsible party is legally accountable for the death, along with what damages should be awarded to the victim’s family or estate.
Wrongful Death Attorney
A skilled wrongful death attorney can determine your potential damages by analyzing details of your case, such as the decedent’s age, future earning potential, and your family’s financial situation resulting from their death.
A judge may award punitive damages in cases where a wrongful death results from a person’s malicious intent. Punitive damages are awarded to punish the defendant for their actions that resulted in your loved one’s death. Keep in mind that punitive damages are not awarded in every wrongful death case. A Sacramento wrongful death attorney from the Law Offices of JG Winter can help calculate the type and amount of damages your case may be worth.
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.
Wrongful Death Attorney 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.Few things in life are as heartbreaking and devastating as the loss of a family member. While nothing may take away the pain of losing a loved one, a wrongful death claim may help provide justice and financial compensation to surviving family members in their time of need. When a close relative is killed in an accident due to someone else's negligence, an attorney can file a civil case on behalf of survivors.
Sacramento Wrongful Death Lawyers
If you have lost a loved one in a tragic accident, our wrongful death attorneys in Sacramento County are available anytime to guide your family through the legal process. For details on how our law firm can help, call (916) 921-6400 or (800) 404-5400 for compassionate, free, and friendly advice.
The grieving process may be overwhelming, and you may want to delay discussing your case with an attorney. However, the unfortunate reality is that insurance companies will not wait. Claims adjusters are trained to investigate and dispute liability for deadly accidents caused by the negligence of their insured. Even more tragic is that the same approach may apply to first-party insurance claims. For that reason, it is essential to retain legal counsel to ensure your family is protected in your time of loss.
Wrongful death is a loss of life caused by negligence. It may occur in car accidents, medical malpractice, defective products, and more. When any of these situations occur, surviving family members may file a wrongful death lawsuit in civil court for the wrongful death of a loved one.
The Role Of A Wrongful Death Attorney
In California, wrongful death cases are governed by statute. Under the California Code of Civil Procedure Section 377.60, the individuals entitled to compensation through a wrongful death action may include:
If you have lost a loved one in an accident due to someone else's negligence or carelessness, an experienced Sacramento wrongful death attorney can help. Although a lawyer can never make the pain of losing a family member go away, they can help you work through the issues a family faces after the unnecessary death of a loved one. Besides handling the legal aspects of the claim, your lawyer will be able to help you with local support groups, grief counselors, and books that may bring some comfort.
It is essential to consult with a skilled Sacramento wrongful death lawyer that you feel comfortable with. Make sure they have the experience to handle this serious matter. Even more important, you must feel comfortable communicating with this lawyer because you will be sharing sensitive and heartfelt experiences with them.
Workers' Comp Attorney In Sacramento
Although the loss of your loved one can never be replaced, California law provides just compensation to those who are entitled to recover. The heirs of the decedent may be awarded for the following:
You have two years from the date of the death to file a lawsuit, as outlined in the California Code of Civil Procedure Section 335.1. However, there are exceptions in medical malpractice, government entity, and other cases.
If the wrongful death claim is against a public agency, a notice of claim must be filed within six months of the fatal incident date. This is by California Government Code Section 911.2.
Los Angeles, Ca Wrongful Death Lawyer
If a medical professional's negligence resulted in a loss of life, a wrongful death claim for medical malpractice must be filed either three years from the incident date or one year after the death is discovered, or with reasonable diligence should have been discovered whichever occurs first. Refer to California Code of Civil Procedure Section 340.5.
It's essential to act quickly because insurance companies, hospitals, and government entities are quick to cover up, minimize, or in other ways try to avoid responsibility for the death. Witnesses disappear, marks in the road can be covered over, hospital records can change or disappear. It happens every day.
Most cases involving the loss of a loved one are settled out of court through insurance negotiation, mediation, or arbitration. Occasionally, the causation for the death is disputed by the defendant or their insurance company. It is often necessary to take a case to trial in Sacramento County for a jury to decide a fair result.
Sacramento Car Accident Attorneys
It is essential to collect compelling evidence and information from the family in every case. This way, an attorney can show a jury or the defendant's insurance company the depth of the individual who has died and the types of losses surviving family members have faced.California Wrongful Death FAQ
Family members can seek compensation for the loss of companionship, loss of services, loss of income, and other losses. Damages for wrongful death may be available for the deceased person's spouse, parent, and child. Damages are available for the deceased's estate as well. The claim can be made against the at-fault party that caused the accident.
Punitive damages are monetary damages available in some personal injury lawsuits. The heirs of a person who died due to another person's negligence can sue for financial compensation. The damages in a wrongful death matter include economic damages such as lost earnings and future earnings and non-economic damages like loss of companionship.
Sacramento Personal Injury Attorney
The average settlement for a wrongful death claim is $500, 000 to $1 million. However, it is difficult to determine your settlement amount since the circumstances of each case are different, and the damages vary greatly. While some families got $10, 000 or less, others have received a six or even seven-figure settlement. A top-rated wrongful death lawyer in Sacramento County can help you navigate the legal process and ensure you receive the fair compensation you deserve for your case.
Most insurance policy contracts exclude liability for punitive damages, so the insurer will not pay for them.
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