They are well-versed in the complexities of wrongful death laws and have the expertise to navigate through the legal process on behalf of their clients.
One of the key responsibilities of a wrongful death attorney is to thoroughly investigate the circumstances surrounding the death. This may involve gathering evidence, interviewing witnesses, consulting experts, and analyzing relevant documents. Through this process, they aim to establish liability and build a compelling case to hold the responsible party accountable.
Common situations of wrongful death
Here are 20 common situations that may give rise to wrongful death claims:
- Car Accidents
Fatalities caused by negligent or reckless driving, including drunk driving, speeding, or distracted driving.
- Medical Malpractice
Deaths resulting from medical negligence, surgical errors, misdiagnosis, medication errors, or inadequate treatment.
- Workplace Accidents
Fatalities occurring due to unsafe working conditions, lack of proper safety measures, or employer negligence.
- Defective Products
Deaths caused by faulty consumer goods, such as defective machinery, unsafe pharmaceutical drugs, or malfunctioning vehicles.
- Nursing Home Abuse
Fatalities resulting from neglect, abuse, or inadequate care in nursing homes or assisted living facilities.
- Criminal Acts
Homicides or deaths caused by violent crimes, such as assault, murder, or manslaughter.
- Premises Liability
Fatalities occurring on unsafe premises, including slip and fall accidents, inadequate security leading to assault, or building collapses.
- Aviation Accidents
Fatalities resulting from plane crashes, pilot error, mechanical failures, or air traffic control negligence.
- Construction Site Accidents
Deaths caused by construction-related accidents, such as falls, equipment failures, or structural collapses.
- Maritime Accidents
Fatalities occurring in boating accidents, shipwrecks, or other maritime incidents.
- Pharmaceutical Negligence
Deaths caused by medication errors, improper labeling, or failure to warn about potential side effects.
- Occupational Exposure
Fatalities resulting from long-term exposure to hazardous substances, such as asbestos, toxic chemicals, or radiation.
- Public Transportation Accidents
Fatalities in accidents involving buses, trains, subways, or other forms of public transportation.
- Sporting Accidents
Deaths occurring during sports activities due to negligence, inadequate safety measures, or equipment failure.
- Police Misconduct
Fatalities resulting from excessive force, wrongful shootings, or other forms of police misconduct.
- Pedestrian Accidents
Fatalities caused by negligent drivers hitting pedestrians in crosswalks or on roadways.
- Bicycle Accidents
Deaths resulting from collisions with motor vehicles or hazardous road conditions.
- Fires and Explosions
Fatalities caused by building fires, gas explosions, or other incidents due to negligence or faulty equipment.
- Electrocution
Fatalities resulting from electrical accidents caused by faulty wiring, unsafe electrical systems, or negligence.
- Recreational Accidents
Deaths occurring during recreational activities, such as swimming incidents, amusement park accidents, or adventure sports mishaps.
Elements Of Wrongful Death Lawsuits
These lawsuits aim to provide financial relief for the losses and expenses incurred due to the wrongful death.
Here are the key elements of wrongful death lawsuits:
- Death of a Person
This is the fundamental requirement. A wrongful death lawsuit can only be pursued if a person has died due to the actions or negligence of another party.
- Negligence or Wrongful Act
The death must have been caused by the negligence, recklessness, intentional harm, or wrongful conduct of another party. This could involve various scenarios such as medical malpractice, car accidents, workplace accidents, or intentional criminal acts.
- Breach of Duty
The responsible party must have had a duty of care towards the deceased. For example, a doctor has a duty to provide competent medical care, a driver has a duty to follow traffic laws, and an employer has a duty to maintain a safe work environment.
- Causation
There must be a direct link between the wrongful act or negligence and the death. It must be shown that the actions of the responsible party were a substantial factor in causing the death.
- Surviving Family or Beneficiaries
Wrongful death claims can typically be brought by close family members of the deceased, such as spouses, children, parents, or legal guardians. In some cases, other dependents or individuals who suffer financial loss as a result of the death may also be eligible to file a claim.
- Damages
The surviving family members must have suffered measurable damages as a result of the death. These damages can include financial losses such as medical expenses, funeral costs, loss of future income, and loss of companionship and emotional support.
- Filing Within Statute of Limitations
Wrongful death lawsuits must be filed within a specific time frame known as the statute of limitations. This timeframe varies by jurisdiction and can range from one to several years after the date of death.
- Legal Representation
It’s advisable for the surviving family members to hire an attorney with experience in wrongful death cases. A skilled attorney can help gather evidence, navigate legal procedures, and negotiate with insurance companies or the responsible party.
- Evidence and Documentation
To build a strong case, it’s crucial to collect evidence like accident reports, witness statements, medical records, and any other relevant documents. This evidence will be used to establish liability and quantify damages.
- Settlement or Trial
After filing the lawsuit, there may be negotiations for a settlement with the responsible party or their insurance company. If an agreement cannot be reached, the case may proceed to trial where a judge or jury will decide the outcome.
Ramin Joseph Raiszadeh
Wrongful death Attorney at Chicago, IL
Licensed for 15 Years
State: Chicago, IL
Phone Number
Address
1000 West Washington – Suite 434
Chicago, IL, 60067
Associations
New York State Trial Lawyers Association
- Member
- 2017 – Present
University of California, Irvine – School of Law
- Attorney Mentor
- 2014 – Present
Consumer Attorneys Association of Los Angeles
- Member
- 2013 – Present
Languages Spoken
- English
Work Experience
Managing Partner
- The Raiszadeh Law Firm
- 2013 – Present
Legal Counsel
- Gensler
- 2012 – 2013
Legal Counsel
- John Buck International
- 2009 – 2011
Having practiced law for 15 years, Ramin Joseph Raiszadeh is an accomplished wrongful death lawyer in Chicago, Illinois. The address of his office is 1000 West Washington, Suite 434, Chicago, IL 60067. Ramin participates in both the Consumer Attorneys Association of Los Angeles and the New York State Trial Lawyers Association. At the University of California, Irvine School of Law, he also acts as an Attorney Mentor. Ramin is the managing partner of The Raiszadeh Law Firm, showcasing his dedication to providing justice and his fluency in English. He was Legal Counsel at Gensler and John Buck International in the past. Your dependable legal counsel, Ramin Joseph Raiszadeh, is available to help you when you need it most.
David Michael Boertje
Wrongful Death Attorney at San Diego, CA
Licensed for 20 Years
State: San Diego, CA
Phone Number:
Address
501 W Broadway Ste 800
San Diego, CA, 92101
Associations
Better Business Bureau
- Member
- 2012 – Present
United States District Court for the Central District of California
- Attorney Member
- 2008 – Present
State Bar of California
- Attorney Member
- 2003 – Present
Languages Spoken
- English
Work Experience
Attorney
- Law Offices of David M. Boertje
- 2003 – Present
Certified Law Clerk
- San Diego Public Defender’s Office
- 2001 – 2002
Law Clerk
- COZEN O’CONNOR
- 2001 – 2001
David Michael Boertje is a wrongful death lawyer in San Diego, California, with an extraordinary 20 years of legal experience. At 501 W Broadway Ste 800, San Diego, CA 92101, his office is easily accessible. David has demonstrated his dedication to moral legal behavior since 2012 by becoming a member of the Better Business Bureau. The State Bar of California and the United States District Court for the Central District of California both recognize him as a prestigious member of the legal community.
As the Attorney of the Law Offices of David M. Boertje since 2003, David, who is fluent in English, has been devotedly serving the legal community. Between 2001 and 2002, she worked as a law clerk at COZEN O’CONNOR and the San Diego Public Defender’s Office.
Michael Patrick Verna
Wrongful Death Attorney at Walnut Creek, CA
Licensed for 44 Years
State: Walnut Creek, CA
Phone Number
Address
2121 N California BlvdSte 875
Walnut Creek, CA, 94596
Associations
American Inns of Court
- Master
- 2004 – Present
American Association for Justice
- Member
- 2003 – Present
Italian American Bar Association group
- Member
- 2002 – Present
Languages Spoken
- English
Work Experience
Founding Partner
- Bowles & Verna LLP
- 1986 – Present
David Michael Boertje is a wrongful death lawyer with an impressive 20 years of legal experience. He is based in San Diego, California. Conveniently situated at 501 W Broadway Ste 800, San Diego, CA, 92101 is his office. David has demonstrated his dedication to moral law practices since 2012 by becoming a member of the Better Business Bureau.
In addition, he is a highly regarded member of the California State Bar and the United States District Court for the Central District of California. David, who speaks English well, has been devotedly working in the legal community as an attorney at the Law Offices of David M. El Boertje. He is your reliable supporter when it comes to legal issues.
Sharon J. Brunner
Wrongful Death at Victorville, CA
Phone Number:
Licensed for 19 Years
State: Victorville, CA
Address
14393 Park Ave Ste 101
Victorville, CA, 92392-3300
Associations
High Desert Bar Association
- President
- 2017 – 2018
High Desert Bar Association
- Vice President
- 2014 – 2016
High Desert Bar Association
- Director
- 2013 – 2014
Languages Spoken
- English
- Spanish
Work Experience
Attorney
- The Law Office of Sharon J. Brunner, Esq.
- 2006 – Present
Sharon J. Brunner is a skilled wrongful death lawyer in Victorville, California, having practised law for 19 years. Her office is easily accessible in the community at 14393 Park Ave Ste 101, Victorville, CA, 92392-3300. She provides dependable legal assistance. With three terms as President (2017–2018), Vice President (2014–2016), and Director (2013–2014), Sharon has played a significant role in the High Desert Bar Association.
Speaking Spanish and English fluently, Sharon has been a dedicated lawyer at The Law Office of Sharon J. Brunner, Esq. since 2006, when she began her practice. Sharon J. Brunner is your reliable legal partner because of her extensive legal background and dedication to her clients.
Jeffrey L. Mendelman
Wrongful Death Attorney at San Francisco, CA
Licensed for 7 Years
State: San Francisco, CA
Phone Number
Address
580 California Street 12th Floor
San Francisco, CA, 94104
Associations
National Police Accountability Project
- Member
- 2018 – Present
California Bar Association
- Member
- 2015 – Present
California Attorneys for Criminal Justice
- Member
- 2015 – Present
Languages Spoken
- English
Work Experience
Chief Executive Officer
- Case Law Ltd.
- 2019 – Present
Chief Executive Officer
- Dope Law Group, Ltd.
- 2018 – 2019
Participant
- UC Davis School of Law Civil Rights Clinic
- 2015 – 2015
San Francisco, California wrongful death lawyer Jeffrey L. Mendelman has seven years of professional expertise. A hub of legal knowledge may be found at his office, which is located at 580 California Street, 12th Floor, San Francisco, CA, 94104. Jeffrey belongs to the National Police Accountability Project, the California Bar Association, and the California Attorneys for Criminal Justice.
He is the Chief Executive Officer at Case Law Ltd. and speaks English well. His participation in the UC Davis School of Law Civil Rights Clinic in 2015 is another evidence of his commitment to justice. Jeffrey L. Mendelman is your go-to attorney because of his extensive knowledge and dedication to his clients.
Clark Hansen Fielding
Wrongful Death Attorney at Irvine, CA
Licensed for 12 Years
State: Irvine, CA
Phone Number:
Address
200 Spectrum Center Drive Suite 300
Irvine, CA, 92618
Associations
Lawyers of Distinction
- Member
- 2020 – Present
The National Association of Distinguished Counsel
- Fellow
- 2019 – Present
Consumer Attorneys of California
- Member
- 2019 – Present
Languages Spoken
- Portuguese
- English
- Tagalog
- Spanish
- Arabic
Work Experience
Founding Fifty Member
- Justice HQ, Inc.
- 2019 – Present
Founding Principal & Esquire
- FIELDING LAW, APC
- 2019 – Present
Attorney
- Bergener Mirejovsky
- 2015 – 2015
The wrongful death lawyer Clark Hansen Fielding has 12 years of legal expertise and practices in Irvine, California. Clark is a lawyer who practices law out of 200 Spectrum Center Drive, Suite 300 in Irvine, California, 92618. He belongs to the associations Lawyers of Distinction, The National Association of Distinguished Counsel, and Consumer Attorneys of California.
Because he is multilingual and speaks Tagalog, Portuguese, English, Spanish, and Arabic, he can communicate with them in a variety of ways. The fact that Clark is a founding member of Justice HQ, Inc. and the founding principal & esquire of FIELDING LAW, APC demonstrates his commitment to justice. Clark Hansen Fielding is a top expert because of his extensive knowledge and commitment to justice.
Adam James Savin
Car Accidents Attorney at Encino, CA
Licensed for 14 Years
State: Encino, CA
Phone Number
Address
17337 Ventura Blvd. Suite 200
Encino, CA, 91316
Associations
Million Dollar Advocates Forum
- Life Member
- 2016 – Present
Multi-Million Dollar Advocates Forum
- Life Member
- 2016 – Present
Million Dollar Trial Lawyer
- Life Member
- 2016 – Present
Languages Spoken
- English
- Spanish
Work Experience
Attorney
- Savin & Bursk Law Offices
- 2010 – Present
Law Clerk, Research Assistant
- WCAB Los Angeles
- 2010 – 2010
Legal Assistant
- Savin and Bursk Law Offices
- 2000 – 2007
Encino, California attorney Adam James Savin has 14 years of legal experience and specializes in car accidents. His office offers trustworthy legal assistance and is easily accessible at 17337 Ventura Boulevard, Suite 200, Encino, California, 91316. Since 2016, Adam has held the coveted titles of Million Dollar Trial Lawyer and Life Member in the Million Dollar Advocates Forum, highlighting his outstanding accomplishments.
Since he is fluent in both languages, he provides all clients with legal representation. He has been an attorney at Savin & Bursk Law Offices since 2010, giving his knowledge to the neighborhood. Adam James Savin is your reliable legal partner because of his dedication to justice and wealth of experience.
James Otto Heiting
Car Accidents Attorney at Riverside, CA
Licensed for 47 Years
State: Riverside, CA
Phone Number
Address
6216 Brockton Ave Suite 111
Riverside, CA, 92506
Associations
State Bar of California
- President
- 2005 – 2006
State Bar of California
- Board of Governors
- 2002 – 2006
Riverside County Bar Association
- President
- 1996 – 1997
Languages Spoken
- Spanish
- French
Work Experience
- Managing Partner
- Heiting & Irwin, a PLC
- 1978 – Present
A seasoned car accident lawyer with an amazing 47 years of experience, James Otto Heiting is located in Riverside, California. His office is easily found at 6216 Brockton Ave, Suite 111, Riverside, CA, 92506. He has been a reputable advocate in the area. In addition to being a committed lawyer, James has held important positions in legal associations, such as President of the State Bar of California in 2005–2006 and Board of Governors member from 2002 – 2006.From 1996 to 1997, he was also the Riverside County Bar Association’s President.
James stands out for his ability to interact with a wide range of clients because he speaks both French and Spanish fluently. Heiting & Irwin, a PLC, has employed him as Managing Partner since 1978. Throughout his career, he has given individuals in need excellent legal advice and representation. James Otto Heiting is an experienced lawyer in Riverside, California that you can rely on for help with automobile accident lawsuits or legal advice.
Jamon Rahi Hicks
Wrongful Death Attorney at Los Angeles, CA
Licensed for 18 Years
State: Los Angeles, CA
Phone Number
Address
5120 W. Goldleaf Circle Suite 140
Los Angeles, CA, 90056
Associations
Consumer Attorney Association of Los Angeles
- Member
- 2005 – Present
California Association of Black Lawyers
- Member
- 2003 – Present
John M. Langston Bar Association of Los Angeles
- Member
- 2003 – Present
Languages Spoken
- English
Work Experience
Adjunct Professor
- Loyola Law School
- 2015 – Present
Adjunct Professor
- University Of West Los Angeles School Of Law
- 2015 – Present
Senior Associate
- Cochran Firm California
- 2010 – 2014
Meet Jamon Rahi Hicks, a Los Angeles, California, wrongful death lawyer with eighteen years of experience in the field. 5120 W. Goldleaf Circle, Suite 140, Los Angeles, CA 90056 is the convenient address for his workplace. Jamon speaks English well and is involved in a number of legal societies. In addition to offering excellent legal counsel, he also teaches law as an adjunct professor at Loyola Law School and the University of West Los Angeles School of Law. Jamon Rahi Hicks is your dependable wrongful death lawyer in Los Angeles, with a strong dedication to the pursuit of justice.
Ben Yeroushalmi
Nursing Home Abuse And Neglect Attorney at Beverly Hills, CA
Licensed for 18 Years
State: Beverly Hills, CA
Phone Number
Associations
American Association for Justice, Nursing Home Litigation Group
- Member
- 2014 – Present
Address
15303 Ventura Blvd Ste 1450
Sherman Oaks, CA, 91403
Languages Spoken
- English
- Hebrew
- Spanish
- Korean
- Russian
Work Experience
Founder
- Law Offices of Ben Yeroushalmi, APC
- 2005 – Present
Ben Yeroushalmi, an accomplished Nursing Home Abuse and Neglect Attorney based in Beverly Hills, CA, boasts 18 years of legal expertise. Conveniently located at 15303 Ventura Blvd Ste 1450, Sherman Oaks, CA, 91403 is his office. Ben’s commitment to his work is demonstrated by his 2014 admission to the Nursing Home Litigation Group of the American Association for Justice
Especially, Ben can communicate effectively with a wide range of clients thanks to his multilingual skills in Hebrew, English, Spanish, Korean, and Russian. He has been a steadfast supporter of those seeking justice in cases of abuse and neglect in nursing homes since founding the Law Offices of Ben Yeroushalmi, APC in 2005. Ben Yeroushalmi is the Beverly Hills lawyer you can depend on for dependable legal counsel on nursing facility matters.
David Eugene Smith
Wrongful Death Attorney at Sacramento, CA
Licensed for 46 Years
State: Sacramento, CA
Phone Number
Address
641 Fulton Ave Suite 200
Sacramento, CA, 95825
Associations
American Board of Trial Advocates
- Member
- 2005 – Present
Capitol City Trial Lawyers Association
- Member
- 1990 – Present
Consumer Attorneys of California
- Board of Directors
- 1990 – Present
Languages Spoken
- English
David Eugene Smith is a renowned Sacramento, California-basedwrongful death attorney with an astounding 46 years of legal practice. David’s office is located in Sacramento, California, 95825 at 641 Fulton Ave., Suite 200. Actively involved in a number of legal associations, he has served on the boards of directors of Consumer Attorneys of California since 1990, the Capitol City Trial Lawyers Association since 1990, and the American Board of Trial Advocates since 2005.
David’s proficiency in the English language guarantees efficient and transparent contact with his clientele. When it comes to wrongful death cases in Sacramento, David Eugene Smith is a reliable lawyer because of his long experience spent fighting for justice.
Alexander Tsao
Car Accidents Attorney at Monterey Park, CA
Licensed for 19 Years
State: Monterey Park, CA
Phone Number
Address
328 S Atlantic Blvd, Ste 205
Monterey Park, CA, 91754
Associations
The National Trial Lawers
- Member – Top 100
- 2020 – Present
Consumer Attorneys of California
- Member
- 2017 – Present
AmVets
- Lifetime Member
- 2014 – Present
Languages Spoken
- English
- Mandarin
Work Experience
Managing Partner
- Venerable – Counselors at Law, PC, Los Angeles, CA
- 2010 – Present
Senior Associate
- Alston & Bird, LLP
- 2008 – 2010
Alexander Tsao is a seasoned Monterey Park, California car accident lawyer with 19 years of legal expertise. Conveniently, his office is at 328 S Atlantic Blvd, Ste 205, Monterey Park, CA, 91754. Alexander has been a member of The Consumer Attorneys of California since 2017 and a Top 100 member of The National Trial Lawyers since 2020. Speaking Mandarin and English with ease, he guarantees clear client communication. He has been a managing partner at Venerable – Counselors at Law, PC in Los Angeles since 2010, and he offers a plethora of experience to Monterey Park auto accident cases.
William C. Johnson
Personal Injury Attorney at Oakland, CA
Licensed for 44 Years
State: Oakland, CA
Phone Number
Address
1901 Harrison Street 16th Floor
Oakland, CA, 94612
Associations
American College of Trial Lawyers
- Fellow
- 2012 – Present
American College of Trial Lawyers
- Member
- 2012 – Present
American Board of Trial Advocates
- Member
- 2008 – Present
Languages Spoken
English
Work Experience
Designation
- Institute
- 2021 – Present
William C. Johnson is an accomplished 44-year attorney in Oakland, California, specializing in personal injury cases. His office is conveniently located at 1901 Harrison Street, 16th Floor, Oakland, CA 94612. William is a highly respected member of several legal bodies, such as the American Board of Trial Advocates, where he has been a member since 2008, and the American College of Trial Lawyers, where he has held the prestigious rank of Fellow since 2012.
William stands out for not simply his verbal prowess but also his mastery of the justice language. You may rely on him to offer knowledgeable counsel and assistance in the field of personal injury litigation given his impressive record. William C. Johnson is the one to contact when you require an experienced lawyer in Oakland to support you.
Keith Jordan Stone
Wrongful Death Attorney at San Diego, CA
Licensed for 36 Years
State: San Diego, CA
Phone Number
Address
555 W Beech St Ste 210
San Diego, CA, 92101
Associations
Consumer Attorneys of California
- Member
- 1992 – Present
American Association for Justice
- Member
- 1992 – Present
State Bar of California
- Member
- 1986 – Present
Languages Spoken
- English
Work Experience
Owner
- The Law Offices of Keith J. Stone
- 1992 – Present
Associate
- Lober, Grady, Farly
- 1986 – 1992
Keith Jordan Stone is a seasoned San Diego, California, wrongful death lawyer with an astounding 36 years of courtroom expertise. His location is 555 W Beech St, Suite 210, San Diego, CA, 92101. Keith has been a member of several prestigious legal societies for a long time. He joined the State Bar of California in 1986, the American Association for Justice in 1992, and the Consumer Attorneys of California in 1992.
Owner of The Law Offices of Keith J. Stone since 1992, Keith’s commitment to his career is further evidenced by this position. In the area of wrongful death law, he offers a plethora of knowledge and proficiency. English native, he makes sure to communicate with his clients in a straightforward and efficient manner. Keith Jordan Stone is the dependable champion to turn to if you need legal representation for wrongful death claims in San Diego.
Navid Kanani
Car Accidents Attorney at Woodland Hills, CA
Licensed for 13 Years
State: Woodland Hills, CA
Phone Number
Address
20601 Ventura Blvd.Ste. 260
Woodland Hills, CA, 91364
Associations
The Esquire Network
- Member
- 2019 – Present
California Employment Lawyers Association
- Member
- 2017 – Present
Consumer Attorney Association of Los Angeles
- Member
- 2010 – Present
Languages Spoken
- English
- Spanish
- Farsi
Work Experience
Lead Trial Attorney
- JS Abrams Law, PC
- 2015 – Present
Associate Attorney
- One Law Corporation
- 2012 – 2015
Associate
- Law Offices of Gene W. Choe, APC
- 2012 – 2012
Navid Kanani is a knowledgeable automobile accident lawyer in Woodland Hills, California, with thirteen years of legal expertise. The easy-to-find address of Navid’s office is 20601 Ventura Blvd., Ste. 260, Woodland Hills, CA, 91364. He has been actively involved in a number of well-known legal associations, such as The Esquire Network (since 2019), the Consumer Attorney Association of Los Angeles (since 2010), and the California Employment Lawyers Association (since 2017).
A varied clientele is effectively represented by Navid’s ability to converse in Farsi, Spanish, and English. He has been leading trial attorneys at JS Abrams Law, PC since 2015, and he adds a plethora of expertise to matters involving auto accidents. You may trust Woodland hills attorney Navid Kanani because of his dedication to justice and successful track record.
Minh Tri Nguyen
Car Accidents Attorney at Long Beach, CA
Licensed for 20 Years
State: Long Beach, CA
Phone Number
Address
3777 Long Beach Blvd.Third Floor
Long Beach, CA, 90807
Associations
Philippine American Bar Association
- Lifetime Member
- 2017 – Present
Southern California Chinese Lawyers Association
- Lifetime Member
- 2017 – Present
Mexican American Bar Association of Los Angeles
- Member
- 2016 – Present
Languages Spoken
- English
- Vietnamese
- Spanish
- Tagalog
- Khmer
Work Experience
- Shareholder
- The Law Office of Minh T. Nguyen, ALC
- 2008 – Present
- Attorney
- Jeffrey S. Pop & Associates, ALC
- 1994 – 2012
Minh Tri Nguyen is a skilled car accident lawyer in Long Beach, California, having practised law for 20 years. Third Floor, 3777 Long Beach Blvd., Long Beach, CA 90807 is the address of his office. Minh is a committed member of several legal societies, such as the Southern California Chinese Lawyers Association, where he is a Lifetime Member, and the Philippine American Bar Association.
He is a member of the Los Angeles Mexican American Bar Association as well. Speaking Spanish, Tagalog, English, Vietnamese, and Khmer fluently, Minh guarantees efficient client communication. His extensive experience in handling vehicle accident claims in Long Beach is evident in his role as Shareholder of The Law Office of Minh T. Nguyen, ALC.
Alan A. Ahdoot
Car Accidents Attorney at Los Angeles, CA
Licensed for 17 Years
State: Los Angeles, CA
Phone Number
Address
1150 S. Robertson Boulevard
Los Angeles, CA, 90035
Associations
Million Dollar Advocates Forum
- Member
- 2017 – Present
Consumer Attorneys Association of Los Angeles
- Member
- 2010 – Present
Languages Spoken
- Spanish
- Farsi
- English
Work Experience
Partner
- Adamson Ahdoot LLP
- 2010 – Present
Alan A. Ahdoot is an accomplished automobile accident lawyer with 17 years of experience, headquartered in Los Angeles, California. At 1150 S. Robertson Boulevard, Los Angeles, CA 90035, you can get in touch with him. Alan has been a respected member of the Consumer Attorneys Association of Los Angeles since 2010 and the Million Dollar Advocates Forum since 2017.
Alan’s ability to communicate effectively with a broad audience is one of his most noteworthy qualities. He is proficient in Spanish, Farsi, and English. As a Partner at Adamson Ahdoot LLP since 2010, he provides automobile accident cases in Los Angeles with many years of experience and a commitment to justice. Alan A. Ahdoot is the specialist you can depend on if you need a reliable lawyer.
Edward Ray Flores
Wrongful Death Attorney at Tustin, CA
Licensed for 32 Years
State: Tustin, CA
Phone Number:
Address
1422 Edinger Avenue,suit 100
Tustin, CA, 92780
Associations
Orange County Criminal Defense Attorney’s Association
- Board of Directors
- 2010 – Present
Orange County Trial Lawyers Association
- 2007 – Present
National Association of Criminal Defense Attorneys
- Member
- 2007 – 2018
Languages Spoken
Work Experience
Trial Attorney
- Flores Law Group
- 2006 – Present
Senior Deputy District Attorney
- Orange County District Attorney
- 1994 – 2006
Attorney
- Snell & Wilmer L.L.P.
- 1991 – 1994
Edward Ray Flores is an accomplished Tustin, California, wrongful death lawyer with 32 years of legal experience. His office is situated at 1422 Edinger Avenue, Suite 100, Tustin, CA, 92780. Edward participates actively in a number of legal associations, such as the Orange County Trial Lawyers Association and the Orange County Criminal Defense Attorneys Association. Speaking Spanish well, he assures successful interaction with clients. As a Trial Attorney at Flores Law Group since 2006, his extensive experience includes serving as a Senior Deputy District Attorney in the Orange County District Attorney’s office and as an Attorney at Snell & Wilmer L.L.P. Edward Ray Flores is the specialist to consult in wrongful death lawsuits if you require a dependable lawyer.
William Michael Delli Paoli
Wrongful Death Attorney at Newport Beach, CA
Licensed for 3- Years
State: Newport Beach, CA
Phone Number:
Address
4340 Von Karman AveSuite 100
Newport Beach, CA, 92660\
Associations
MIllion Dollar Advocates Forum
- Member
- 2001 – Present
American Board of Trial Advocates
- Member
- 2000 – Present
Languages Spoken
- Spanish
Work Experience
Law Clerk
- Honorable Alex Kozinski, U.S. Court of Appeals, Ninth Circuit
- 1991 – 199
William Michael Delli Paoli is an experienced Newport Beach, California, wrongful death lawyer with more than three years of legal practice. Accessible from 4340 Von Karman Ave, Suite 100, Newport Beach, CA, 92660, is his office address. William has participated in prominent legal associations for many years, such as the American Board of Trial Advocates (since 2000) and the Million Dollar Advocates Forum (since 2001).
William’s background as a law clerk for the Honorable Alex Kozinski in the U.S. Court of Appeals, Ninth Circuit, from 1991 to 1992, demonstrates his dedication to professionalism and the pursuit of justice. Being fluent in Spanish, he makes sure that he and his clients can interact smoothly. William Michael Delli Paoli is the knowledgeable lawyer you can rely on when you need legal representation for wrongful death cases in Newport Beach.
Kyle Karl Charles Tambornini
Personal Injury Attorney at Sacramento, CA
Licensed for 30 Years
State: Sacramento, CA
Phone Number
Address
1234 H Street Suite 200
Sacramento, CA, 95814
Associations
American Inns of Court
- Member
- 2011 – Present
California Applicants’ Attorneys Association chapter
- Attorney Member
- 2004 – Present
California Applicants’ Attorneys Association
- Attorney Member
- 2000 – Present
Languages Spoken
- English
Work Experience
Attorney
- Eason & Tambornini, A Law Corporation
- 1994 – Present
Sacramento, California’s Kyle Karl Charles Tambornini is a highly skilled personal injury lawyer with thirty years of legal experience. His office is easily accessible at 1234 H Street, Suite 200, Sacramento, CA 95814. In addition to being an attorney member of the California Applicants’ Attorneys Association since 2000, Kyle has been an active participant in a number of legal associations, including the American Inns of Court since 2011.
With his clients, Kyle can communicate intelligibly and successfully because to his fluency in English. He has been practicing personal injury law since 1994 and is a wealth of expertise as an attorney at Eason & Tambornini, A Law Corporation. Kyle Karl Charles Tambornini is a reputable personal injury lawyer in Sacramento that you can trust with your legal matters.
How Long Do You Have To File A Wrongful Death Lawsuit?
The time limit within which you can file a wrongful death lawsuit is governed by a legal principle known as the “statute of limitations.” This statute varies by jurisdiction and is established by state or federal law. It serves several important purposes:
Preservation of Evidence
Over time, evidence can deteriorate, become lost, or be altered. The statute of limitations encourages parties to bring their claims promptly to ensure that evidence is still available and reliable.
Protecting Defendants
Defendants have a right to be protected from stale claims. Allowing claims to be brought indefinitely into the future would be unfair to defendants who may have difficulty mounting a defense after many years have passed.
Providing Finality
The law aims to provide a sense of closure for both parties involved. Knowing that a lawsuit cannot be filed after a certain period allows people to move on with their lives.
Now, the specific time limit for filing a wrongful death lawsuit can vary significantly depending on factors such as the jurisdiction and the type of case. Here are some general guidelines:
State Laws
Each U.S. state has its own set of statutes of limitations for wrongful death cases. These can range from one year to several years. For example, in some states, it might be two years from the date of death, while in others, it might be three or more.
Discovery Rule
In some cases, the clock for the statute of limitations may not start ticking until the plaintiff (the party filing the lawsuit) discovers, or reasonably should have discovered, that their loved one’s death was due to wrongful actions or negligence.
Tolling of Statute
In certain situations, the statute of limitations clock may be “tolled” or temporarily stopped. This can occur if the plaintiff is a minor, has a legal disability, or in cases where the responsible party leaves the jurisdiction.
Governmental Entities
When a wrongful death involves a governmental entity (e.g., a city or state), there may be specific notice requirements and shorter time frames for filing claims.
Medical Malpractice
Some states have special rules for medical malpractice cases, which can have different deadlines and procedural requirements.
It is crucial to consult with an attorney who is familiar with the laws in your specific jurisdiction to understand the applicable statute of limitations for your case.
Failing to file within the prescribed time frame can result in the dismissal of your lawsuit, making it crucial to act promptly if you believe you have a valid wrongful death claim.
Wrongful Death Actions and Survivor Actions
Wrongful Death Actions and Survivor Actions are two distinct legal concepts that allow for compensation in cases where a person has died due to the negligence or intentional actions of another party.
These legal actions serve different purposes and provide remedies to different sets of beneficiaries. Let’s delve into each:
Wrongful Death Actions
A wrongful death action is a legal claim brought by the surviving family members or beneficiaries of a deceased person against the party or parties believed to be responsible for the death.
Its primary purpose is to compensate the survivors for their own losses and damages resulting from the death.
Key Characteristics
- Plaintiffs
The plaintiffs in a wrongful death action are typically close family members such as spouses, children, parents, or legal guardians. In some jurisdictions, other dependents or individuals who suffer financial loss due to the death may also be eligible to file a claim.
- Damages
Damages in a wrongful death action may include funeral expenses, medical bills related to the final illness or injury, loss of financial support, loss of companionship, and other related expenses.
- Purpose
The main goal of a wrongful death action is to compensate the survivors for their own losses and expenses incurred as a result of the death.
- Statute of Limitations
There is a specific time frame, known as the statute of limitations, within which a wrongful death action must be filed. This timeframe varies by jurisdiction.
Survivor Actions
A survivor action is a legal claim brought on behalf of the deceased person’s estate. It is filed by the personal representative or executor of the deceased’s estate.
Key Characteristics
- Plaintiffs
The plaintiff in a survivor action is typically the personal representative or executor of the deceased person’s estate. This person is responsible for handling the legal affairs of the deceased’s estate.
- Damages
Damages in a survivor action may include compensation for the pain, suffering, and emotional distress experienced by the deceased person prior to their death. It may also cover any economic losses the deceased suffered between the time of injury and death.
- Purpose
The primary purpose of a survivor action is to seek compensation for the harm suffered by the deceased person as a result of the wrongful act or negligence.
- Continuation of Legal Claims
In some cases, if a person had a valid legal claim at the time of their death (e.g., personal injury claim), a survivor action can be used to continue or pursue that claim on their behalf.
Biggest wrongful death lawsuits
Wrongful death lawsuits can arise from a variety of circumstances, including medical malpractice, product liability, workplace accidents, and automobile accidents.
While it is challenging to identify the absolute “biggest” wrongful death lawsuits due to the vast number of cases and varying settlement amounts, I can provide some examples of high-profile wrongful death lawsuits:
Tobacco Litigation
In the 1990s, several major tobacco companies faced a wave of wrongful death lawsuits brought by individuals who claimed that smoking-related illnesses caused the death of their loved ones.
These lawsuits resulted in massive settlements, including the landmark case of Florida smokers against the tobacco industry, which led to a $145 billion settlement in 1997.
BP Deepwater Horizon Oil Spill
Following the Deepwater Horizon oil rig explosion in 2010, which caused the deaths of 11 workers, numerous wrongful death lawsuits were filed against BP, the rig owner Transocean, and other companies involved. The settlements reached billions of dollars, including compensation for the victims’ families.
General Motors Ignition Switch Defect
General Motors faced a significant wrongful death lawsuit related to a faulty ignition switch in several of its vehicles. The defect caused the vehicles to shut off unexpectedly, disabling power steering, brakes, and airbags.
The litigation resulted in a settlement fund of over $600 million established to compensate the affected families.
Volkswagen Dieselgate Scandal
While not directly a wrongful death lawsuit, the Volkswagen diesel emission scandal resulted in numerous lawsuits, including wrongful death claims, due to the increased pollution caused by the rigged emissions tests. Settlements in these cases amounted to hundreds of millions of dollars.
Awarded Damages In Wrongful Death Lawsuits
In wrongful death lawsuits, damages are monetary awards granted to the surviving family members or beneficiaries of the deceased person.
These damages aim to compensate for the losses and expenses incurred due to the wrongful death. The types and amounts of damages can vary based on factors like jurisdiction, circumstances of the case, and the evidence presented.
Here are the common types of damages awarded in wrongful death lawsuits:
Economic Damages
- Funeral and Burial Expenses:This includes the costs associated with the funeral service, burial plot, casket, cremation, and other related expenses.
- Medical Expenses: This covers any medical bills related to the deceased person’s final illness or injury, including hospitalization, treatment, and medications.
- Loss of Financial Support: This compensates the survivors for the financial contributions the deceased person would have provided to the family, including income, benefits, and potential future earnings.
- Loss of Services: This encompasses the value of household services, such as childcare, housekeeping, and home maintenance, that the deceased person would have provided.
Non-Economic Damages
- Loss of Companionship and Consortium: This addresses the emotional pain, suffering, and loss of companionship experienced by the surviving family members.
- Mental Anguish and Emotional Distress: These damages are awarded for the emotional pain and suffering experienced by the survivors due to the loss of their loved one.
- Pain and Suffering of the Deceased: This is compensation for any pain, suffering, or distress endured by the deceased person before their death as a result of the wrongful act.
Punitive Damages
In certain cases where the responsible party’s actions were particularly egregious or intentional, punitive damages may be awarded. These damages are meant to punish the wrongdoer and serve as a deterrent to prevent similar behavior in the future.
Nominal Damages
In some cases, the court may award a small token amount, known as nominal damages, when the wrongful act is proven but significant harm or losses are not clearly demonstrated.
How Much Time Do I Have to File a Lawsuit?
The amount of time you have to file a lawsuit is determined by a legal principle known as the “statute of limitations.” This time limit varies depending on the type of lawsuit and the jurisdiction in which you are filing. Here are some general guidelines:
Personal Injury Lawsuits
In cases where you’ve suffered a personal injury due to someone else’s negligence, the statute of limitations typically ranges from one to six years, depending on the jurisdiction. It’s important to consult with an attorney to know the specific deadline in your area.
Medical Malpractice
Medical malpractice cases often have shorter statutes of limitations due to the complexity of medical evidence. They can range from one to three years, but it’s crucial to check your state’s specific laws.
Product Liability
If you’ve been injured by a defective product, the statute of limitations can vary. It generally ranges from one to six years. Consult with an attorney to understand the time limit in your jurisdiction.
Wrongful Death
Wrongful death lawsuits typically have their own statute of limitations, which can range from one to several years, depending on the jurisdiction.
Contract Disputes
In cases involving a breach of contract, the statute of limitations usually ranges from three to ten years, depending on the type of contract and jurisdiction.
Property Damage
For cases involving damage to property, such as in a car accident or property dispute, statutes of limitations can vary widely. It’s important to consult an attorney to understand the time limit in your specific case.
Fraud or Misrepresentation
In cases of fraud or misrepresentation, the statute of limitations can range from one to ten years, depending on the jurisdiction.
Government Claims
When filing a claim against a government entity, there may be specific notice requirements and shorter time frames for filing. These can vary significantly by jurisdiction.
It’s crucial to be aware of and adhere to the statute of limitations that applies to your specific case. Failing to file within the prescribed time frame can result in the dismissal of your lawsuit. To ensure you meet all deadlines, it’s highly advisable to consult with an attorney who is knowledgeable about the laws in your jurisdiction. They can provide you with precise information and guide you through the legal process.
Criminal Charges vs. Wrongful Death Lawsuits
Criminal charges” and “wrongful death lawsuits” are two distinct legal actions that can arise in the aftermath of a person’s death, and they serve different purposes. Here’s an explanation of each:
Criminal Charges:
- Criminal charges are initiated by the government, typically through law enforcement agencies and prosecutors.
- Criminal charges are intended to hold a person criminally responsible for causing the death of another person.
- The prosecution must prove the accused’s guilt “beyond a reasonable doubt,” which is a very high standard of proof.
- If the accused is found guilty, they can face penalties such as imprisonment, fines, probation, or other criminal sanctions.
- The parties involved are typically the government (prosecution) against the accused (defendant).
Wrongful Death Lawsuits:
- Wrongful death lawsuits are civil actions brought by the survivors or the estate of the deceased person against the party or parties believed to be responsible for the death.
- Wrongful death lawsuits aim to seek financial compensation or damages for the survivors or the estate as a result of the death.
- The burden of proof is typically lower than in criminal cases and is often described as proving the case “by a preponderance of the evidence.” This means showing that it is more likely than not that the defendant’s actions led to the death.
- If the lawsuit is successful, the defendant may be required to pay financial damages to the plaintiffs, which could include compensation for medical expenses, funeral costs, lost income, and emotional suffering.
- The parties involved are typically the survivors or the estate of the deceased (plaintiffs) against the party or parties alleged to have caused the death (defendants).
It’s important to note that these two legal processes can occur simultaneously, but they serve different purposes and have different standards of proof. For example, a person may be facing criminal charges for causing someone’s death, and at the same time, a wrongful death lawsuit may be filed by the family of the deceased seeking financial compensation.
The outcomes of these processes are not necessarily connected; a person can be found not guilty of criminal charges but still be liable in a wrongful death lawsuit or vice versa, as the standards of proof and the goals of these proceedings are distinct.
Why File a Wrongful Death Lawsuit?
Filing a wrongful death lawsuit is a legal recourse available to the survivors or the estate of a deceased person when they believe that the death was the result of another party’s negligence, intentional harm, or misconduct. The primary reasons for filing a wrongful death lawsuit include:
Financial Compensation
One of the most common reasons to file a wrongful death lawsuit is to seek financial compensation for the losses and expenses incurred as a result of the death. These may include medical bills, funeral and burial costs, lost income, and the emotional suffering of the survivors.
Accountability
Wrongful death lawsuits hold individuals, companies, or entities accountable for their actions or negligence that led to the death. This accountability can serve as a deterrent, discouraging similar negligent behavior in the future.
Justice
Survivors often seek a sense of justice or closure by pursuing a wrongful death lawsuit. It provides an opportunity for the responsible party to be held legally responsible for their actions.
Prevention
By bringing wrongful death cases to light, it may help prevent similar accidents or incidents from happening to others in the future. Companies and individuals may take steps to improve safety and prevent similar occurrences.
Support for Survivors
Wrongful death lawsuits can help provide financial support for the survivors, especially if the deceased was the primary breadwinner of the family. Compensation can help cover the lost income and support the family’s financial needs.
Establishing Liability
A wrongful death lawsuit may be necessary to establish liability, which can be important in cases where the responsible party disputes their responsibility or where insurance companies are involved. A successful lawsuit can demonstrate that the responsible party was legally at fault.
Closure and Grieving Process
The legal process can provide a platform for survivors to express their grief and seek closure, which may be an important part of their healing process. It’s essential to consult with an attorney experienced in wrongful death cases to assess the circumstances and determine whether filing a lawsuit is appropriate. Each wrongful death case is unique, and the potential outcomes and compensation can vary depending on the specific details of the case and the applicable laws in the jurisdiction where the lawsuit is filed.
How Can You Prove Wrongful Death?
Proving wrongful death typically involves demonstrating that someone’s death was the result of another person’s or entity’s negligence, misconduct, or intentional actions. To establish a wrongful death claim, you generally need to show the following elements:
- Duty of Care: You must establish that the responsible party (defendant) owed a duty of care to the deceased. This means they had a legal obligation to act reasonably or prudently in a way that would not put the deceased at risk.
- Breach of Duty: You need to show that the defendant breached their duty of care. This involves demonstrating that the defendant failed to act in a manner consistent with what a reasonable person would have done under similar circumstances. This breach can result from negligence, recklessness, or intentional actions.
- Causation: You must establish a direct connection between the defendant’s breach of duty and the death of the individual. In other words, you need to prove that the defendant’s actions (or inaction) were the proximate cause of the death.
- Damages: You need to provide evidence of the losses or damages suffered as a result of the death. This may include medical expenses, funeral and burial costs, lost income, loss of companionship, and pain and suffering.
To prove wrongful death, you can take the following steps:
- Gather Evidence: Collect as much evidence as possible to support your claim. This may include police reports, witness statements, medical records, expert opinions, and any available documentation of the incident.
- Consult with an Attorney: It’s often essential to consult with an experienced attorney who specializes in wrongful death cases. They can provide guidance, help you navigate the legal process, and build a strong case on your behalf.
- File a Lawsuit: Your attorney will help you file a wrongful death lawsuit against the responsible party or parties. This initiates the legal process.
- Depositions and Discovery: Both sides will exchange information, and depositions may be taken to gather further evidence and testimony.
- Settlement Negotiations: In many cases, wrongful death cases are settled out of court through negotiation. Your attorney will work with the defendant’s legal team to reach a fair settlement.
- Trial: If a settlement cannot be reached, the case will go to trial. Your attorney will present your evidence and arguments to the court.
- Verdict: The court will issue a verdict, determining whether the defendant is liable for the wrongful death and, if so, the amount of damages to be awarded.
It’s important to note that wrongful death laws vary by jurisdiction, and the legal process can be complex. Consult with an attorney who is well-versed in the relevant laws in your area to ensure your case is properly prepared and presented.
FAQS
Is Wrongful Death a Crime?
No, wrongful death is not a crime itself. It is a civil matter that involves a lawsuit seeking compensation for the death of an individual caused by someone else’s negligence or wrongful actions.
Can You File a Civil Suit for Wrongful Death?
Yes, you can file a civil lawsuit for wrongful death. These lawsuits are typically brought by the surviving family members or representatives of the deceased seeking compensation for their loss.
Who Has the Right to File a Wrongful Death Lawsuit?
The specific rules vary by jurisdiction, but typically, the immediate family members of the deceased, such as spouses, children, and parents, have the right to file a wrongful death lawsuit. In some cases, designated representatives of the deceased’s estate may also have the right.
Who Can Bring a Wrongful Death Lawsuit?
A wrongful death lawsuit is usually brought by a surviving family member or a representative of the deceased’s estate. This person is often the spouse, child, or parent of the deceased.
Can a Family Sue for Wrongful Death?
Yes, a family can sue for wrongful death. The immediate family members or designated representatives can file a wrongful death lawsuit to seek compensation for their loss.
Can a Family Member Sue for Wrongful Death After a Car Accident?
Yes, if a family member dies as a result of a car accident caused by someone else’s negligence, the surviving family members typically have the right to sue for wrongful death.
Can Siblings Sue for Wrongful Death?
The ability of siblings to sue for wrongful death varies by jurisdiction. In some places, siblings may have the right to file a wrongful death lawsuit, while in others, it may be limited to closer family members like spouses, children, or parents.
How Does a Wrongful Death Lawsuit Work?
A wrongful death lawsuit involves the surviving family members or representatives of the deceased filing a claim against the party responsible for the death. The case typically proceeds through investigation, negotiation, and possibly a trial to determine liability and compensation.
How Do You File a Wrongful Death Lawsuit?
To file a wrongful death lawsuit, you should consult with an attorney experienced in such cases. They will guide you through the legal process, which typically involves filing a complaint, gathering evidence, and following court procedures.
How Hard Is It to Prove Wrongful Death?
Proving wrongful death can be challenging, as it requires demonstrating that the death was a result of another party’s negligence or intentional wrongdoing. The level of difficulty can vary depending on the circumstances and evidence available.
What Is a Deposition in a Wrongful Death Lawsuit?
A deposition is a legal proceeding where witnesses, including parties involved in a wrongful death lawsuit, provide sworn testimony and answer questions from attorneys. Depositions are part of the discovery process to gather information and evidence.
What Happens After a Wrongful Death Deposition?
After a deposition, the collected testimony and evidence are used in the legal proceedings to support or challenge the case. Attorneys may use this information to build their arguments or negotiate a settlement.
How Long Does It Take to Settle Wrongful Death Claims?
The time to settle a wrongful death claim varies widely. It depends on factors such as the complexity of the case, the willingness of the parties to settle, and court scheduling. Some cases may settle relatively quickly, while others may take years.
How Do You Win a Wrongful Death Lawsuit?
To win a wrongful death lawsuit, you generally need to prove that the defendant’s negligence or wrongful actions directly caused the death. A successful outcome may result in a judgment or settlement awarding compensation to the plaintiffs.
Are There Different Types of Wrongful Death Lawsuits?
Yes, there are different types of wrongful death lawsuits, depending on the circumstances. Some common categories include wrongful death in medical malpractice, product liability, workplace accidents, and car accidents.
What Is the Difference Between Malpractice and Wrongful Death?
Malpractice is a type of wrongful death when the death is caused by the negligence or improper conduct of a healthcare professional. Wrongful death is a broader term that encompasses all situations where someone’s negligence or wrongful actions result in a death.
What Damages Are Awarded in a Wrongful Death Lawsuit?
Damages in a wrongful death lawsuit can include compensation for medical and funeral expenses, loss of income, loss of companionship, and pain and suffering. The specific damages awarded vary by case and jurisdiction.
Is There a Cap on Wrongful Death?
Some jurisdictions may impose caps on certain types of damages in wrongful death cases, such as non-economic damages like pain and suffering. The existence and limits of these caps can vary by state.
What Is the Average Settlement for Wrongful Death Lawsuits?
The average settlement for wrongful death lawsuits can vary significantly depending on the specific case, jurisdiction, and other factors. There is no one-size-fits-all answer to this question.
What are wrongful death lawsuits in America?
Wrongful death lawsuits in America are legal actions brought by the survivors or representatives of a deceased person to seek compensation for the death resulting from another party’s negligence or wrongful actions.
Who can sue for wrongful death in New York?
In New York, the surviving spouse, children, and parents of the deceased have the right to sue for wrongful death. If there are no surviving family members, the personal representative of the deceased’s estate can bring a wrongful death claim.
Who can file a wrongful death suit in Texas?
In Texas, wrongful death suits can be filed by the surviving spouse, children, and parents of the deceased. If there are none of these eligible family members, the executor or administrator of the deceased’s estate may bring a wrongful death claim.
How much is a wrongful death settlement in Texas?
The amount of a wrongful death settlement in Texas can vary widely depending on the specific circumstances of the case. There is no fixed amount, and settlements are typically determined based on factors like liability, damages, and negotiation.
What is the average settlement for wrongful death in Texas?
The average settlement for wrongful death in Texas varies significantly and depends on numerous factors. It can range from thousands to millions of dollars, depending on the specifics of the case.
How much does wrongful death pay in Texas?
The compensation in a wrongful death case in Texas, also known as wrongful death damages, can vary greatly. The amount is influenced by factors such as the deceased’s age, income, the circumstances of the death, and the financial and emotional impact on surviving family members. There is no fixed amount for how much wrongful death pays in Texas.
Why Should I Hire a Wrongful Death Lawyer?
Hiring a wrongful death lawyer is crucial in navigating the legal complexities and pursuing a wrongful death claim for several reasons:
Legal Expertise: Wrongful death cases can be highly complex, involving a thorough understanding of laws, statutes, and legal procedures. An experienced wrongful death attorney is knowledgeable about these specific legal issues and can use their expertise to build a strong case on your behalf.
Investigation and Evidence Gathering: An attorney has the resources and experience to conduct a thorough investigation into the circumstances surrounding the death. They can gather evidence, interview witnesses, and work with experts to establish the cause and liability.
Evaluation of Claims: A wrongful death lawyer can assess the viability of your claim and determine if you have a legitimate case. They can provide an objective analysis of the strengths and weaknesses of your claim, helping you make informed decisions.
Legal Advocacy: Your attorney serves as your advocate throughout the legal process. They will negotiate on your behalf, represent your interests, and protect your rights in settlement negotiations or at trial.
Reducing Stress: Dealing with a wrongful death case can be emotionally challenging. Hiring an attorney can help alleviate some of the stress and burden, allowing you to focus on your emotional healing while your attorney handles the legal aspects.
Expert Witnesses: Wrongful death cases often require expert witnesses to provide professional opinions on the circumstances of the death and the liability of the responsible party. An attorney can identify and retain the appropriate experts to support your case.
Statute of Limitations: Each jurisdiction has a statute of limitations that dictates the time frame within which a wrongful death claim can be filed. Missing this deadline can result in the loss of your legal rights. An attorney can ensure your claim is filed within the required timeframe.
Negotiation Skills: Many wrongful death cases are settled out of court through negotiation. An experienced attorney can use their negotiation skills to secure a fair settlement that compensates you for your losses.
Litigation: If a settlement cannot be reached, your attorney is prepared to represent you in court and argue your case before a judge and jury.
Maximizing Compensation: An attorney can help you pursue maximum compensation for your losses, including medical expenses, funeral costs, lost income, loss of companionship, and pain and suffering.
No Upfront Costs: Many wrongful death attorneys work on a contingency fee basis. This means they only get paid if you win your case, taking a percentage of the awarded compensation. This can make legal representation more accessible to individuals who might not have the financial means to hire an attorney outright.
Overall, hiring a wrongful death lawyer is critical to ensuring your rights are protected, your claim is properly prepared and presented, and you have the best chance of obtaining the compensation you deserve.