A wrongful death occurs when a person dies due to circumstances that would have entitled them to bring a personal injury claim if they had survived. These circumstances may include negligent or intentional acts, defective products, or unsafe premises that caused the death.
Here at Tenina Law, our wrongful death attorney is passionate about helping spouses, children, and other family members obtain fair compensation. We want to ensure that you recover the highest compensation or award for your loss if someone else was responsible for your loved one’s death. Money cannot, however, bring back your loved ones-but we can fight for your rights.
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What Are Some Instances of a Wrongful Death Case?
Auto Accidents
Most wrongful death cases arise from accident situations that involve many Americans driving daily. Most road accidents find their cause in the negligence of one or more of those driving. Speeding, reckless driving, and negligence are the common causes leading to fatal accidents. In some instances, one could sue the local authority in case the accident was caused by poor maintenance of a road.
Medical Malpractice
Most medical practitioners are well-trained. But sometimes mistakes occur, leading to death. Medical errors may arise when a physician commits a mistake, fails to diagnose a condition, misses something fatal, or even performs a rather complicated surgery. Misdiagnosis stands out as the most common type of medical negligence case. The other well-known reasons for wrongful death cases relate to a surgical error.
Accidents on the Job
Certainly, work-related deaths are often found more in riskier working classes, such as construction and manual labor. The conduct of wrongful death can occur within an office or even outside.
Take, for example, a female health worker, beholden to work more than one full 12-hour shift. Tired, she lost her life in a car accident. Her family successfully sued for wrongful death against the hospital.
What Can the Best Wrongful Death Attorney Do for You?
Our lawyer will be in a position to help you in your pursuit of a wrongful death claim through independent investigations into the circumstances surrounding your loved one’s death. We will gather all the facts required to support your claim that the death was brought about by someone else’s negligence. That information will subsequently be used to support our claim that the person should be liable for the death.
Our lawyer will also step in to negotiate with the insurance company concerning the person whose negligence caused the accident. It is worth noting that, even before consulting with a lawyer, an insurance company may contact you and offer an immediate settlement. Just so you know, you are not obligated to accept that offer.
A wrongful death attorney will explain all of your legal options to you so that, assuming you decide to work with one, you will never have to make these important decisions by yourself. The attorney will be your leader, helping you with all the details. He will own the initiative, thereby presenting you with the opportunity to follow him through every phase.
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Who Can File a Wrongful Death Suit in California?
The personal representative of the deceased must file every wrongful death suit. The recovery from such an action lies exclusively with either the surviving spouse or the next of kin.
It says that the next-of-kin would usually be the surviving spouse and children of the deceased.
Who Do I Blame for Wrongful Death?
You can go after anyone and any entity for wrongful death for the death of your loved one. Although the tone set becomes very much dependent on the specific facts.
For instance, if another driver ran a red signal and thus ended the life of your loved one at an intersection, you would likely sue him for wrongful death. If, however, the driver was allegedly working for a courier service at the time of the accident, you could additionally go after the corporation that employed the driver.
Other wrongful death cases might be concerning faulty auto parts. If those brakes failed on your husband’s car and he died in an accident, your attorney may sue both the car manufacturer and the brake manufacturer.
Call a Wrongful Death Attorney to Assist You Right Away
A good lawyer is necessary for families living in California who wish to pursue compensation for wrongful deaths within the state, beyond just getting a good lawyer. The absence of an honest attorney almost assures you of less money than what is rightfully yours. Signing an agreement with any of the insurance companies means you are signing over your rights to file other claims altogether. First, you must understand the difference between filing a claim as an individual and as an estate claiming on behalf of that estate. First, the damages are paid directly to the spouse or other next of kin. The recovered amounts will not be subject to any claims from the victim’s creditors. Third, because wrongful death suits compensate family members for their losses, the estate can file survival actions to recover the deceased’s losses.
We have decades of experience in representing families of victims of wrongful deaths. If you choose to get on board with us, our attorneys will fight to secure the compensation you deserve.
What is Wrongful Demise?
Defined as when the loved one died because of someone else’s legal fault, a wrongful death is an event of an individual or entity failing to meet their legal obligations that eventually results in the end in the life of the victim.
Any family member alive can file a wrongful death claim, or the personal representative of the estate. An instance of the case is the example of a driver who was under the influence of liquor and caused the accident that killed many people.
Other incidents that give rise to wrongful-death claims are:
- Falls
- Dog bites
- Animal attacks
- Defective product
- Accidental construction
- Surgical mistakes
Bottom Line!
Our California wrongful death attorney is dedicated to providing aggressive, compassionate, and effective representation to victims of personal injury and wrongful death.
Call our Tenina Law wrongful-death attorneys to schedule a consultation.
