When someone dies through the negligence or carelessness of another person, the shock and grief that surviving family members feel can be overwhelming. Wrongful death situations are among the most traumatic and can have a long-lasting effect on families for years. While this kind of death can take an emotional toll, it will also take a financial and legal toll on surviving family members as well. The loss of income coupled with the impacts of medical and funeral expenses can add tremendously to the stress and strain of a tragic situation.
At The Cartwright Law Firm, our Santa Rosa wrongful death lawyers understand how difficult this burden can be and that’s why we dedicate ourselves to finding compassionate solutions for our wrongful death clients, allowing them to focus as much as possible on healing from their considerable losses.
Call us today at (707) 901-3020 or contact us online to schedule a consultation with our wrongful death lawyer in Santa Rosa.
Understanding Wrongful Death Claims
This includes:
Cost of a Wrongful Death Lawsuit
Going after a wrongful death lawsuit is not a cheap endeavor. When you hire a personal injury lawyer, they present you with all the costs upfront. Now, if you want someone to work on your case aggressively, then that means you are willing to spend the time and money required to build your case and take it to court.
Challenges in Proving a Wrongful Death Claim
Proving a wrongful death claim can be tricky. That is why you need an experienced trial lawyer to prove your wrongful death claim. The following are the elements you have to prove.
- Violation of the Duty of Care: Duty of care simply is the responsibility to act reasonably and responsibly. An example of this is a driver owing a duty of care to other drivers, passengers, and pedestrians. It is because motorists and drivers are expected to follow traffic laws and practice safe driving to avoid accidents. By this, you’ll have to show the defendant owed a duty of care to the victim. To violate the duty of care means the “failure to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances.” If a driver violated a traffic law that caused the accident, you could prove the driver violated the duty of care and was negligent.
- The Defendant’s Negligence Caused Your Relative’s Death: Next, you’ll have to prove that the violation of the duty of care directly caused your loved one’s death. Establishing such is the most tricky element to prove because the jury will be required to determine whether the defendant was negligent based on a preponderance of the evidence. To substantiate this, expert testimony and evidence reconstruction are often employed to clearly narrate the sequence of events leading to the tragic outcome, providing clarity and connection between negligence and death.
- You Suffered Damages Caused by Your Family Member’s Death: Finally, you will have to prove that you experienced losses because of your relative’s death to determine the appropriate compensation to receive. You are entitled to economic damages and non-economic damages, especially if you are suffering from emotional and mental anguish that you endured because of loss of companionship, affection, and emotional support.
Our Santa Rosa wrongful death attorneys aggressively act to protect our clients as quickly as possible, taking every necessary step along the way to protect them during a fragile time in their lives. We immediately explore all options and begin building a legal case to ensure families receive maximum compensation for pain and suffering, loss of companionship, medical and funeral expenses, and loss of future income. You have to be careful in choosing the right wrongful death lawyer.
How to Choose an Attorney?
Choosing the right wrongful death attorney requires in-depth investigation. You will need to consider the following in selecting the right lawyer:
- Their experience in the field,
- Mastery of the case and issue,
- Skill and versatility,
- Fair and open communication skills.
We are skilled and experienced in every step of the process; from the beginning of a case when the collection of evidence, forensic analysis, and gathering and interviewing witnesses is crucial, to working with medical and accident reconstruction experts, negotiating with a defendant’s legal representatives, and when necessary, seeking justice through a trial.
We are backed by over 60 years of experience and are recognized as one of Northern California’s leading wrongful death litigation firms. We take pride in our success, but we are just as proud of how we treat our clients, protecting their rights and helping them to regain a sense of normalcy in their lives while we work through difficult legal situations on their behalf.
Contact Our Wrongful Death Lawyer in Santa Rosa Today
If your family has been the victim of a wrongful death, contact The Cartwright Law Firm for a free consultation today. Our Santa Rosa wrongful death lawyers represent clients throughout the greater Bay Area with offices in Santa Rosa, San Francisco, Discovery Bay, and Vacaville. With a deep understanding of local legal nuances and the compassion to support families in their darkest times, we dedicate our practice to pursuing justice earnestly on behalf of our clients.
“Our successful case results are a reflection of the values and virtues we believe in and uphold at The Cartwright Law Firm. Nothing stops us from pursuing justice on behalf of those who need it.”
Robert E. Cartwright Jr.
Founder and Managing Partner
Frequently Asked Questions
In California, the statute of limitations for filing a wrongful death lawsuit is generally two years from the date of the deceased person’s death. If the claim is not filed within this period, the court is likely to refuse to hear it, making timely legal consultation essential. Our experienced team at The Cartwright Law Firm is ready to assess each situation promptly, ensuring no critical deadlines are missed.
A settlement is an agreement reached between the plaintiff and defendant, often resulting in a financial payout without a trial. Trials, on the other hand, conclude with a verdict determined by a judge or jury. Settlements can be advantageous for providing prompt closure and avoiding the unpredictability of court outcomes. Our approach emphasizes thorough negotiation skills to achieve favorable settlements whenever possible, while also preparing an assertive case presentation should trial proceedings be needed.
In Santa Rosa, only certain relatives can file a wrongful death claim. Typically, the eligible parties are the deceased’s surviving spouse, domestic partner, or children. In cases where none of these exist, other heirs or the estate may act on behalf of the deceased. This eligibility underlines the complexity of related litigation, where proficiency in family law and estate involvement are critical. Our attorneys guide families through the determination of rightful claimants while respecting local legal statutes.
Everyone at the Cartwright Firm is very likeable. The attorneys and staff are kind, thoughtful, and sincere. They helped walk me through the entire process and were patient when explaining the legal jargon I didn't understand. It is clear they not only really care about your claim, but care about making sure you understand whats going on. Can't recommend them enough!
Justin G.
Personal Injury
Schedule A Case Review
Act Now. Get The Justice You Deserve.