While all death might seem wrong, the legal term “wrongful death” refers to the death of a loved one by someone else’s negligence or recklessness. The sudden loss of a loved one is shocking but when the death could have been prevented, the loss is even more painful and the sudden financial stress make it almost too hard to bare. While most insurance companies will pay policy limits or offer a settlement in wrongful death cases, the settlement amount is often not enough to cover the sudden costs of losing a loved one such as medical treatment, funeral or burial cost, and mental anguish. Our Anaheim wrongful death attorney will be an advocate through this troubling time by holding the parties responsible accountable for their actions and fighting to get you fair compensation from the insurance company.
Anaheim Wrongful Death Lawsuits
Many personal injury attorneys do not handle wrongful death lawsuits because it is considered to be one of the most difficult cases to prove. This is simply due to the face that the main victim is deceased and therefore is unable to face those responsible and explain the details that led to their death. It is imperative that you seek counsel immediately if you feel that your loved one was a victim of wrongful death. In California, the statute of limitations is two years to file a wrongful death lawsuit.
Surviving family members such as children, spouses or domestic partners are eligible to file a wrongful death claim. If there are no immediate surviving family members then state law dictates anyone “who would be entitled to the property of the deceased” are eligible to file a claim. Examples include the deceased’s parents, step-children, or siblings.
Damages include compensation for funeral and burial costs, medical and hospital bills that accrued before death, and future potential income the person could have earned if the deceased had not died. Other damages include pain and suffering and mental anguish.
Common Causes of Wrongful Death
While there are many types of accidents that can cause death, some are more common than others.
Car Accidents – It is not surprising that car accidents can lead to death. It becomes wrongful death when the car accident is due to the reckless or negligent driving of the other driver. Negligent or reckless behavior include speeding, running a red light, texting while driving, etc.
Slip and Falls – While only 30% of slip and falls lead to injury, a majority of these injuries are severe enough to cause wrongful death. Slip and falls usually occur when property owners fail to maintain safe premises.
Medical Malpractice – The are many different ways that medical malpractice can cause a wrongful death such as failure to diagnosis, missed diagnosis, misdiagnosis, unsafe prescriptions, incorrect anesthesia doses, birth injuries and more.
Product Liability – When manufacturers and distributors sell products it is their duty to ensure that the products are safe for consumers. Exploding e-cigarettes, cell phones, faulty airbags, and tire blowouts are some examples of unsafe products that can cause death.
Toxic Exposure – Wrongful death due to toxic exposure includes pharmaceutical companies releasing drugs too early into the marketplace causing lethal side effects and/or long-term exposure to toxic chemicals such as asbestos that lead to medical problems like mesothelioma and cancer.
Contact An Anaheim Wrongful Death Attorney
If your loved one died needlessly because a third party was acting in a reckless or negligent manner then you do not need to go through this time worrying about financial hardship. Our goal is to settle with the insurance companies for a compensation that will allow you to continue to live comfortably without having you to worry about providing for your family. If the company is unwilling to settle, we are not afraid to litigate your case in court. We offer a FREE consultation so do not hesitate to contact our Anaheim wrongful death attorney.