Wrongful Death Lawyers
WRONGFUL DEATH ATTORNEYS
Since 1976 Richard D. Hoffman has successfully helped his clients gain the maximum settlement possible during a painful time in their lives when they need it most.
We have represented clients whose loved one died (wrongful death) due to any type of car accidents or the neglience of companies or medical professionals.
We have the knowledge, skill and experience to win wrongful death case or to receive a full compensation. We have been winning numerous personal injury cases including wrongful death cases.
If your loved one has been involved in a wrongful death accident, call us now!
- What is Wrongful Death Claim?
- Why You Need Wrongful Death Lawyers
- Condsider the Statute of Limitations
- Who May File a Wrongful Death Lawsuit?
- Common Causes of Wrongful Death
- Compensation For Wrongful Death
- Survivorship Actions On Behalf Of Your Loved One
- Proving a Wrongful Death Claim
- Types of Wrongful Death Claim
- Speak to Wrongful Death Lawyer
- What We Can Do for You
- Contact Us Now
What is Wrongful Death Claim?
Wrongful death is a claim against individuals, company or medical professionals who can be held liable for a death of the victim seeking compensation for the economic or non-economic damages and losses of the family members of the deceased.
When your loved one dies because of the negligence of persons, company or medical professionals, a wrongful death may have occurred.
For example, in the United States, families have tried to sue tobacco companies for wrongful deaths of their customers. And malpractice suits has been also surging against medical professionals.
Under California Code of Civil Procedure 377.60, certain family members may sue the negligent parties when the injuries resulted in the death of a loved one.
The loss of a loved one in wrongful death accident is something you never expect to happen, but despite the inevitable and hard emotional challenges and sorrow it is important to contact a wrongful death lawyer as soon as possible to get compensation for surviving family members.
It is claim that compensates an heir for his or her own independent pecuniary losses, so it is one for ‘personal injury to the heir.’ In other words, it is not about the loss of the decedent, but about the particular loss of the decedent to each individual claimant.
Why You Need Wrongful Death Lawyers
There is no more a traumatic and sorrowful thing for family than their loved one died all of a sudden due to another party﹑s neglience.
When a loved one died due to a sudden accident, it will be a hard time for family members including spouses, parents, children and siblings of the deceased.
After the loss of a loved one, family members want to get into a legal process with the neglectful and his/her insurance company for compensation. You also may seek compensation for the damages and losses of your loved one.
Wrongful death cases are best left to an experienced wrongful death lawyer, because it is very complex.
When making a determination of the damages and losses to be aarded in a wrongful death lawsuit, the court will consider several factors.
First, they will consider the relationship between the deceased and you, bringing the lawsuit, the value of the income and services provided by the deceased, and the life expectancy of the deceased.
And if there are multiple heirs of the deceased to the settlement and they are unable to divide it, the Court will do it as it sees fit.
If the death was the result of medical malpractice, recovery may be limited by California medical malpractice statutory limits.
But insurance company will attempt to deny or minimize compensation and their client’s neglience. So you need to have an experienced and competent wrongful death lawyer on your side. He can proceed with legal action on behalf of your family.
If you are dealing with the loss of a loved one that resulted from the negligence or misconduct of another, we can assist you in filing a wrongful death claim and inform you of your legal rights.
In this unfortunate situation, aligning yourself with a experienced and skilled wrongful death lawyer is essential to win the case and get a full and just compensation.
Condsider the Statute of Limitations
Under California Code of Civil Procedure Section 335.1, the statute of limitations for wrongful death accident is two years.
When the victim die in an accident, the statute of limitations starts on the date of the victim﹑s death.
If the liable party is a public entity, such as a city or school district, then a claim must be filed with the appropriate government entity within six months of the incident.
And if the wrongful death claim is based on medical malpractice, then pursuant to California Code of Civil Procedure 」340.5, a party has three years from the date of injury or ﹒one year after the plaintiff discovers, or through the use of reasonable diligence should have discovered, the injury, whichever occurs first.‧
If you are considering filing a claim, you have to bear in mind of the period limit.
* What if Period Limit has Run Out
In certain circumstances courts will allow for a temporary halting or tolling of the time limit such as minor statute of the victim (under the age of 18), mental and physical incapacitation of the victim. You can discuss this issue with our attorney.
Who May File a Wrongful Death Lawsuit?
Under California code of civil procedure section 377 only certain family members have the right to file a wrongful death lawsuit against a liable party to seek compensation for the death of a loved one when negligence is involved.
They are relatives or survivors of the deceased, or the decedent﹑s personal representative on their behalf such as the decedent﹑s surviving spouse or domestic partner, children. And the issue of deceased children, or, if there is no surviving issue of the decedent, the persons, including the surviving spouse or domestic partner, who would be entitled to the property of the decedent by intestate succession.
Spouses may file a wrongful death claim in order to recover compensation for future incomes as well as loss of consortium. While emotional distress is not generally accounted for in a wrongful death claim, survivors may be able to recover damages for things the deceased would have provided such as protection, aid, care, comfort, advice and guidance. Spouse will receive loss of support until the deceased﹑s presumed retirement age (usually 65), if he/she can show that the deceased spouse supported him/her.
Putative spouses and domestic partners may also file a wrongful death claim to recover the damages and losses as same with spouse.
Minor children, including adopted children, of the deceased may file a wrongful death claim to recover compensation for loss of care, loss of advice and guidance, loss of companionship, and loss of future financial support.
The parents of the decedent may also file a claim for the loss of their minor or adult child. Parents or other relatives can also receive damages for loss of support if they can prove that the deceased supported them.
Common Causes of Wrongful Death
Wrongful death is a fatality resulting from the negligence, recklessness, or deliberate and malicious intended behavior of another. Common causes of wrongful death include:
– Car Accidents
– Medical Malpractice
– Workplace Accidents
– Industrial accidents
– Slip and Fall
– Boating Accidents
– Airplane Accidents
– Train accidents
– Asbestos exposure
– Product defects
Slip and fall accidents, workplace accidents, industrial accidents, drowning, boating accidents, train accidents, asbestos exposure and manufacturing defects are also included as casues of wrongful death.
Compensation For Wrongful Death
The loss of a loved in wrongful death is devastating and it leaves with economic and emotional damages and losses.
If you are dealing with the wrongful death of a loved one, it is important to understand your legal rights to obtain a full and just compensation for your damages and losses.
When a wrongful death claim is filed, a number of different damages are available including.
* Compensation for economical damages
– Compensation for all medical costs and prescription drug cost
– Burial and funeral expenses
– Loss of wages and future incomes
– Loss of essential home services (It refers to the value of services provided by a loved one (housework, child care, etc.))
– Loss of inheritance that would have accrued over time
– Loss of property
* Compensation for non-economical damages
– Loss of consortium (Loss of sexual cohabitation)
– Loss of companionship
– Loss of care (Loss of nurture)
– Loss of training and advice (This refers to the moral support and guidance a child would have received from a deceased parent)
It is our job to maximize your compensation by fully demonstrating the degree of your damages and losses. Our firm has been successful in settling cases and convincing juries to award the maximum amount of non-economic damages that our clients deserve.
But the defendant, his/her insurance companies and defense lawyer will do everything to deny or minimize your damages.
We will protect your legal rights for compensation. We work closely with you to gain a complete understanding of the contributions your loved one made to you, your children and your household so that we can develop a compelling case for maximum compensation.
* Numerous California state case law has determined that recovery for damages based on mental anguish including pain and suffering and emotional distress are not recoverable in a wrongful death cause of action. The damages recoverable in wrongful death are expressly limited to those not recoverable in a survival action under Code of Civil Procedure section 377.34.
* Punitive damage
Punitive damages could be awarded when the plaintiff displays an intent to cause harm or a reckless disregard for the life of victims. In this case, the defendants will receive all or some portion of the punitive damage award.
Survivorship Actions On Behalf Of Your Loved One
If your loved one﹑s injuries were not immediately fatal and the deceased lived for even a short time between the accident and his or her death, you may pursue a separate survivorship actions (or survivor actions) on his/her behalf.
California Code of Civil Procedure sections 377.10, et seq. establish rules relating to survivorship actions.
According to California Code of Civil Procedure section 377.34, it is ‘the loss or damage that the decedent sustained or incurred before death, including any penalties or punitive or exemplary damages that the decedent would have been entitled to recover had the decedent lived, and do not include damages for pain, suffering, or disfigurement.’
The survival laws allow the estate to be awarded damages that the deceased incurred from the moment of the injury until the deceased died. So, survival damages can include not only the deceased﹑s pain and suffering (as opposed to the living family members), but also lost earnings until his/her death.
We review every wrongful death case we accept to determine whether a survivorship action would be viable.
* Wrongful Death vs. Survival Actions
The wrongful death laws allow the estate to be awarded damages for the beneficiaries of the deceased.
The survival laws allow the estate to be awarded damages between the accident and his or her death.
Proving a Wrongful Death Claim
To win in a wrongful death claim, you must prove that the defendant was negligent, and that his/her negligence caused the wrongful death to your loved one.
An experienced and skillful wrongful death lawyer will assess the circumstances of the death of your loved one to determine whether there was negligence, whether that negligence caused the death, and whether damages resulted from that death.
Types of Wrongful Death Claim
– Fatality caused by all kinds of car accidents.
– Death due to medical malpractices including failure to properly diagnose a patient, medication errors, and surgery errors.
– Death resulting from the use of a defective product including dangerous medications, medical implants, mechanical tools, child toys and machinery.
– Workplace accidents including incidents taking place on construction sites or chemical explosion in companies and research institutue.
– Breach of duty to care for the elderly in nursing homes and child in day care center.
– Death resulting from slip and falls, fall from high places, and premises liability based accidents.
– Death caused by food poisoning and food borne outbreaks.
– Death resulting from intentional acts of violence including use of firearms, assault and battery.
Speak to Wrongful Death Lawyer
If your loved one has perished in an accident or due to the intentional or wrongful acts of another feel free to call us. You can learn more about your legal rights and legal options.
Our lawyers at Richard D. Hoffman Law Firm are highly skilled in dealing with the sensitive nature of a wrongful death case and can assist you in recovering a full and just compensation.
An experienced and skillful wrongful death laywer will fight hard for your legal right and compensation.
The quicker you contact us, the more your financial difficulties will be minimized.
What We Can Do for You
– Make a thorough investigation of accident
– Found out the cause and fault of accident and the liable party or parties
– Handle your personal injury lawsuit including mediation, arbitration, depositions, and trial
– Keep updating and delivering of the process of your case
– Answer any of your questions and address any of your concerns with a serving heart
Contact Us Now
Do you need a wrongful death accident lawyer who can help you and give legal guidance for your claim?
You can call us now with (323) 782-8600 or send email via Info@RichardHoffmanLaw.com.
We can give you an English, Spanish and Korean service.
We are here to help you.
Get Help Today.