Sacramento Wrongful Death Lawyers
If you lost a family member because of someone else’s negligence or wrongful conduct, you don’t have to suffer unnecessary financial losses. There are legal rights you can leverage to obtain justice and compensation. Our Sacramento wrongful death lawyers can help you file a lawsuit to obtain financial relief for your family during these tough times.
How does California define wrongful death?
California Code of Civil Procedure section 377.60 defines wrongful death as “a cause of action for the death of a person caused by the wrongful act or neglect of another.”
In other words, it is defined as a fatality resulting from someone else’s neglect or wrongful act, such as recklessness, gross negligence, or intentional illegal acts like murder.
Who can file a wrongful death lawsuit?
California Code of Civil Procedure entitles the following people to file a wrongful death lawsuit:
- The personal representatives of the departed person’s estate
- Certain family members of the deceased
Here is a list of people who may be eligible for filing a claim under California law:
- Domestic partner
- Surviving spouse
- The deceased person’s children
- Grandchildren of the departed person (if any child is deceased)
- Minor children who lived and depended on the deceased for financial support
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Featured Wrongful Death Attorney
Listen to Attorney Brooks Cutter discuss a recent wrongful death case when interviewed on the TLC Podcast.
Brooks Cutter is a highly respected attorney in his field.
Can there be multiple claimants in a wrongful death case in Sacramento?
No. California law allows for only one wrongful death claim by the heirs. As such, each person entitled to compensation must form a joint lawsuit.
Can the estate of the deceased person file a wrongful death lawsuit?
Yes. California law allows a personal representative of the dead person’s estate to file a wrongful death claim on behalf of the deceased or heirs.
Wrongful death and survival laws authorize different types of damages to be recovered by the estate.
What types of damages can I receive in a wrongful death claim?
Damages in a wrongful death claim are measured in terms of the harm caused to the bereaved family due to the death of their loved one.
Potential recoverable damages under a wrongful death claim in California include:
- Funeral and burial expenses
- Loss of inheritance due to the death
- Loss of income from the victim
- The value of services the victim would have provided in their life
- Loss of love, care, affection, moral support, companionship, and assistance
- Loss of guidance and training the deceased would have provided
These damages can be classified as economic or non-economic.
Brooks Cutter and Margot Cutter won a $2.4 million dollar verdict on behalf of the children of a man who died after a staff doctor at a hospital lied and transferred a patient to another hospital that was not equipped to handle the patient.
How will I receive compensation in a wrongful death lawsuit?
If the defendant has a liability policy under an insurance company, then the insurance company will compensate the plaintiff up to the policy limit.
If the damages exceed the policy limit, the defendant may be personally liable to pay the remaining damages. In some instances, the court may order that a portion of the defendant’s wages be garnished to cover the remaining damages.
The way we like to try cases is to really try an honest case, where you embrace everything about it, the warts and all.
Brooks Cutter,
Founder of Cutter Law
Who can be held liable for my family member's death?
The unique circumstances of each case determine whether or not the at-fault party is liable for a wrongful death claim.
As mentioned earlier, wrongful death suits stem from a party’s misconduct. That misconduct may include negligence, gross negligence, recklessness, and intentional or malicious acts.
To use negligence as an example, the accused party may be liable for a lawsuit if the plaintiff can prove that:
- The defendant owed the deceased a duty of care
- The wrongdoer breached their duty to act in a safe manner
- The victim died due to that breach
- And the plaintiff suffered substantial losses as a result
Example Wrongful Death Case
Cosme Camargo Jr. died after receiving inadequate medical treatment for a severe infection called necrotizing fasciitis, which developed from a spider bite. He was initially treated by a surgeon at a local hospital who failed to perform the necessary aggressive surgery to address the infection. Instead, the surgeon chose to delay treatment and leave for a vacation, despite Cosme’s worsening condition. The surgeon then arranged for Cosme to be transferred to another hospital, but by the time Cosme arrived, his condition had worsened beyond saving, and he ultimately died.
The first hospital and the surgeon were found liable in this case. Brooks Cutter and his team argued that the surgeon’s actions were not just negligent, but intentional, as he deliberately chose to delay treatment to go on vacation, rather than providing the urgent care Cosme needed. The case centered on the doctor’s selfish decisions and the hospital’s failure to act in the best interests of the patient, leading to a successful outcome for Cosme’s family.
How can I prove that another party was negligent in a wrongful death lawsuit?
California courts only agree to entertain wrongful death claims if the plaintiff can prove the main elements of the claim—that is, your family member died from someone else’s negligence or willful intent to harm them, and that you (the bereaved family) suffered financial and non-financial losses as a result.
To prove the other party is at-fault, gather relevant evidence to support your claim. This includes evidence such as expert statements, witness statements, police reports, medical reports, and accident reconstruction.
What if my family member died while on the job in Sacramento?
If your loved one died on the job, you have two options for seeking compensation:
- You can file a lawsuit
- You can file a claim under California’s worker’s compensation laws
If you are not sure which option is best for your circumstances, seek out guidance from an experienced wrongful death attorney in California.
California Worker's Comp Laws
Under California’s worker’s compensation laws, you have up to 12 months to file the claim—and only if you’re a total or partial dependent of the victim. Total dependents include beneficiaries who fully relied on the victim (children under 18 years). Any other member of the victim’s family is a partial dependent.
Filing for death benefits under worker’s compensation laws does not require proving negligence. However, this method strips your right to receive compensation for non-economic damages.
California worker’s compensation laws cap death benefits at specific amounts based on whether you’re a partial or total dependent. So based on your circumstances, you may benefit more from filing a lawsuit than death benefits under the worker’s compensation law.
When do I have to file a claim for my wrongful death lawsuit in Sacramento?
The California wrongful death statute of limitations provides the plaintiff with up to two (2) years from the time of death to file a wrongful death claim.
However, there are some exceptions to the two-year limitation.
One exception pertains to the discovery rule, which provides that the limitation in a wrongful death legal pursuit does not start until the deceased’s surviving relatives discover or learn of their loved one’s passing. In practice, the discovery rule can increase the time the plaintiff has to file a case.
Other exceptions revolve around medical malpractice, filing claims against government entities, and minors as plaintiffs.
Why should I hire a wrongful death lawyer?
There are several reasons to seek the help of an experienced lawyer. At Cutter Law, our Sacramento wrongful death attorneys can help by:
Leverage years of experience
Our trial lawyers have over 130 years of experience (combined) and can handle your case in a streamlined manner. We draw from our experience and use legal strategies to protect your rights and work the statutes pertaining to your lawsuit. We also know how to gather evidence to support your claim.
Streamline an otherwise complex and potentially convoluted legal process
Proving a wrongful death claim requires massive research and preparation. For instance, you must submit records to help better calculate your settlement amount. We will handle all of the documentation involved with your case and ensure you don’t miss important deadlines.
Focus on healing while the lawyer focus on your lawsuit
Losing a family member is physically and emotionally draining. The last thing you need is to deal with a complex legal process while you grieve. We handle your legal representation to give you more time to grieve, heal, and move forward.
Understand the value of the lawsuit
Our lawyers can evaluate all the damages you may be entitled to and determine the value of your case correctly. We will leverage our experience and work hard to get you the maximum compensation possible.
Advice on the best course of action
We take the time to outline your legal options and guide you to get the best result for you and your family.
- Address
Sacramento, CA 95864
Our Compassionate Sacramento Wrongful Death Lawyers Can help
The attorneys at Cutter Law have decades of experience handling settlements for clients with personal injury claims and wrongful death lawsuits. We understand the relevant California laws and will work hard to get you and your family the compensation you deserve.
If your relative died from someone else’s wrongful act or negligence, contact our knowledgeable legal team today for a free case review. Our legal team understands how challenging this time is, and we’re here to help.
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Start with a free consultation. We listen to what happened, how it’s affected your life, and what you need to move forward.
You’ll have a direct line to our attorneys. We keep communication open and ensure you always know what’s happening with your case.
From day one, we go all in—gathering evidence, negotiating with insurers, and preparing for trial if needed. You pay nothing unless we win compensation for you.
Statute of Limitations for Wrongful Death in California Generally speaking, surviving family members have two years from the time of
To succeed in a wrongful death lawsuit, you must prove four elements: duty of care, breach of duty, causation, and damages.
Immediate family members, including surviving spouse and surviving children, are first in line to file a wrongful death lawsuit.
As a family run California law firm we pride ourselves in providing every client personal attention and representation. The outstanding results we have gotten for our fire clients are a direct result of our commitment to understanding and presenting all aspects of their case.
Hear from our previous clients about the relationships we build together.
Everything about the way Brooks communicated with me was reassuring, professional and comfortable, like talking to a friend.
Brooks and his team were very responsive, and I appreciate how well things were explained to me when they didn’t make sense. As a result of this case, I have the resources I need to move forward with my life.
Brooks has a long-established, respected reputation as a skilled trial attorney and a record of proven success.