Each of the Santa Rosa wrongful death lawyers at Cutter Law P.C. is standing by to represent you and your interests in a court of law. We’ve won millions for our clients across our several practice areas, and we’ve even earned awards for our extensive legal prowess. Each of our attorneys has the education, training, and experience to handle any case they come across. We always come highly recommended by our droves of satisfied clients. So, if you’ve recently lost a loved one, and you’ve been on the lookout for a wrongful death attorney that’s caring, compassionate, and will fight for your family in court. You’ve come to the right place. Contact our team of Santa Rosa wrongful death lawyers for a no-obligation consultation today.
What Must Our Attorneys Prove In Court TO Make A Successful Wrongful Death Claim?
To make a successful Santa Rosa wrongful death lawsuit, our attorneys must prove the following in a court of law:
- 1 – That A Loved One Died – While seemingly obvious, the first thing our Santa Rosa wrongful death attorneys must prove in a court of law is that your loved one died while under the care of another person or entity.
- 2 – Another’s Negligence Or Intent To Harm Caused The Death – Once our lawyers prove that your loved one did die, they must show that the cause of death was the negligence, intent to harm, or malpractice of a caregiver.
- 3 – That You (Or Other Family Members) Suffered Financial Losses Due To The Death In Question – The final thing our Santa Rosa wrongful death lawyers must prove in a successful case is that the plaintiff suffered financially as a direct result of the death of their loved one.
If the Santa Rosa wrongful death lawyers at our firm can prove the last three things in a court of law, then you have a high chance of winning your case.
Moreover, even if you’re unsure whether your particular incident fits all the previously mentioned success requirements, don’t hesitate to contact us for a no-obligation consultation. You may have a case and not realize it yet.
Who Can File A Wrongful Death Claim In Santa Rosa?
As by the California Code Of Civil Procedure Article 6 Section 377.60, only certain people may file a wrongful death claim in Santa Rosa. 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 Santa Rosa 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).
Can There Be Multiple Claimants In A Santa Rosa Wrongful Death Lawsuit?
It is possible for there to be multiple claimants in Santa Rosa wrongful death lawsuits. What that means is that numerous 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 Santa Rosa wrongful death claims include:
- Basic expenses associated with passing 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
Why Should You Hire Our Santa Rosa Wrongful Death Law Firm?
Unfortunately, filing a wrongful death claim is a long, arduous, and tedious process. After all, it requires compiling extensive and exceptionally detailed records, as well as an excessive amount of pretrial preparation. Moreover, unlike several other areas of law, wrongful death cases are often extremely emotional and challenging for the plaintiff. Fortunately, when you hire our Santa Rosa wrongful death law firm, you don’t have to worry about most of all that. We can handle all aspects of your case, which gives you the time you need to process what happened emotionally.
Besides handling nearly every aspect of your case for you, our attorneys are also patient and caring while still managing a good deal of aggressiveness in the courtroom. We’ve won millions of dollars for our clients across our several areas of practice, and we’ve even earned several awards for our legal prowess. Therefore, if you’ve been on the lookout for a professional, caring, and aggressive Santa Rosa wrongful death law firm, then you’ve come to the right place!
Is There A Statute Of Limitations On Santa Rosa Wrongful Death Claims?
Depending on the specifics of the case, the statute of limitations on Santa Rosa 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 limit? Well, California law reserves the three-year statute for medical malpractice wrongful death cases.
Unfortunately, suppose you’re filing a wrongful death claim against the state of California. In that case, 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 particular circumstances prevent the plaintiff(s) from knowing wrongful or negligent actions caused the death.
Contact Our Team Of Santa Rosa Wrongful Death Attorneys
The team of Santa Rosa wrongful death attorneys at Cutter Law P.C. is always standing by to take your case. We have the education, experience, compassion, and legal prowess to help you win in a court of law. So, if you’ve recently lost a loved one due to negligence, intent to harm, or malpractice, or a caregiver, then you’ve come to the right firm. Contact our attorneys for a no-obligation consultation today. Our caring attorneys are here to help you through this likely difficult, emotional, and trying time.