The Sacramento wrongful death lawyers at Cutter Law P.C. understand how devastating the unexpected and sudden loss of a loved one can truly be. We also understand just how much extra toll the legal system puts on these types of situations. You’re likely grieving, and dealing with the complicated legal system only makes things all that much worse. Fortunately, that’s not what happens at our firm. We make sure all our clients get the respect, patience, and aggressive legal defense they deserve. After all, you’re going through a lot, and your lawyer should make things better, not worse. So, if you’ve lost a loved one due to the negligent or wrongful actions of another, then don’t fret. Please feel free to contact our Sacramento wrongful death attorneys for a no-obligation consultation. We’re always standing by to help.
Who Can File A Wrongful Death Claim In Sacramento?
As in accordance with the California Code Of Civil Procedure Article 6 Section 377.60, only certain people may file a wrongful death claim in Sacramento. Those people include:
- The surviving spouse of the deceased
- A domestic partner of the deceased
- Any living children of the deceased
What if the deceased didn’t have a spouse, partner, or any children? Well, then the right to file a wrongful death claim in Sacramento passes to anyone else entitled to the decedent’s estate (most often the deceased siblings or parents). In some cases, stepchildren and putative spouses can file a wrongful death claim (so long as they can prove that they were financially dependent on the deceased person).
Why Hire Our Sacramento Wrongful Death Law Firm?
Filing wrongful death claims is unfortunately a long and arduous process. It requires exceptionally detailed records and inordinate amounts of pretrial preparation. Also, wrongful deaths often come with their fair share of both economic and emotional expenses. Yet, those are the exact reasons to hire our Sacramento wrongful death law firm. We have extensive experience handling all aspects of wrongful death law. From filing your claim to awarding your compensation and winning your case, our attorneys have you more than covered.
Besides providing our clients with patient, caring service, we also have a reputation for winning in the courtroom. We’ve won millions for our clients across our areas of practice, and we’ve even won several awards for our legal prowess. So, when you’re looking for a Sacramento wrongful death law firm that’s aggressive in the courtroom but caring when speaking with and helping our clients, then Cutter Law P.C. is the one to call.
What Makes A Successful Wrongful Death Claim?
In a court of law, successful wrongful death claims typically involve proving the following three things to a judge and jury:
- 1: That A Loved One Died – It may seem rather obvious, but the first thing that our Sacramento wrongful death lawyers must prove in a court of law is that a loved one did, in fact, die while under the care of another.
- 2: The Death Was Caused By Another’s Negligence Or Intent To Harm – For your wrongful death claim to be successful in court, our attorneys must prove that the death of your loved one was due to the negligence or the intent to harm of another person.
- 3: The You Or Other Family Members Suffered Financially – The third thing our Sacramento wrongful death lawyers must prove in a court of law is that you (or other family members) suffered financially as a direct cause of the death of your loved one.
If our Sacramento wrongful death attorneys can prove the previous three things to a judge and jury in a court of law, then your case has a high chance at success. However, even if you’re unsure whether your case constitutes wrongful death or not, please don’t hesitate to contact us for a consultation. You may have a case and not know it yet.
Can There Be Multiple Claimants In A Sacramento Wrongful Death Lawsuit?
It is possible for there to be multiple claimants in Sacramento wrongful death lawsuits. What that means is that multiple people can file a wrongful death case involving a single defendant. However, all claimants must be a party to the same case (due to the “one-action rule,” where more than one claim cannot be leveled against a single party). Also, if you’re not involved in another ongoing case, you’ll likely face barring from being named a plaintiff in the case.
What Are The Financial Costs Associated With Wrongful Death Cases?
As we mentioned above, one of the most significant things our attorneys must prove in wrongful death cases is that the death caused financial strife for the plaintiff(s). Yet, that begs the question: what are the financial costs associated with wrongful death cases? Well, typical expenses often cited in Sacramento wrongful death claims include:
- Basic expenses associated with the passing of another person, including medical bills and funeral costs.
- The remaining retirement and/or pension of the deceased
- Any inheritance expected or lost due to the untimely passing of the deceased
- The pain and suffering felt by the plaintiff(s)
- Any loss of companionship experienced by the plaintiff(s)
- All future earnings of the deceased that would have helped the plaintiff(s) with life expenses
Is There A Statute Of Limitations On Sacramento Wrongful Death Claims?
Depending on the specifics of the case, the statute of limitations on Sacramento wrongful death claims varies between two and three years (California Code Of Civil Procedure Chapter 3 Section 335.1). However, in the majority of cases, the general statute of limitations is two years. That means, if your instance of wrongful death occurred more than two years before filing your claim, then it’s too late, and your case faces rejection.
Okay, that explains the general statute of limitations on wrongful death claims in California. But, what about situations that warrant the three-year limitation? Well, California law reserves the three-year statute for medical malpractice wrongful death cases.
Unfortunately, if you’re filing a wrongful death claim against the state of California, then the statute of limitations is even shorter. You must submit a wrongful death claim against the state within six months of the incident.
Additionally, there are circumstances in which the statute of limitations can stall or stop. However, that only happens when special circumstances prevent the plaintiff(s) from knowing wrongful or negligent actions caused the death.
Contact Our Sacramento Wrongful Death Attorneys For Help Through This Difficult Time
Here at Cutter Law P.C., we pride ourselves on hiring the best Sacramento wrongful death lawyers in the business. Our attorneys have the education, experience, and compassion to take care of our clients while aggressively fighting for their rights in a court of law. If you’ve recently lost a loved one due to the negligent or wrongful actions of another, then please don’t hesitate. Contact us for a no-obligation consultation. We’d be more than happy to help you through this trying and difficult time.