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Personal injury lawyer for wrongful death and dog bite in San Francisco |
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WHAT IS A NEGLIGENT DEATH OR WRONGFUL DEATH LAWSUIT?
It is a legal action brought in court to recover compensation for the
loss of a loved one. The lawsuit is based upon the fault of the
persons, business entities governmental entities contributing to the
cause of the death. This fault may be based upon negligence
(carelessness or recklessness), or even an intentional killing.
WHO MAY BRING A WRONGFUL DEATH LAWSUIT?
Someone who files a lawsuit is called the Plaintiff. The family of the
decedent become the plaintiffs in a wrongful death action. The general
rule is that the people who would inherit from the decedent if there
were no will are the persons who have the right to sue. Specifically,
the spouse and children are the usual plaintiffs suing or making a
wrongful death claim. However, under some circumstances, it can be
parents, grandchildren, siblings, domestic partner, and sometimes even
a spouse whose marriage was not technically legal, or an unrelated
child who was actually being supported by the decedent.
DOES EACH PLAINTIFF NEED HIS OR HER OWN LAWYER?
No, because all the heirs as a group legally share one right to sue.
Assuming cordial relationships, the family usually employs the same
lawyer. The settlement or verdict is one sum for all of them. They
must agree among themselves how to divide it, whether they have
separate lawyers or not.
HOW IS THE AMOUNT OF COMPENSATION FOR WRONGFUL DEATH DETERMINED?
There are several parts to the compensation. One is the value of what
the decedent would have provided the survivors in support, or other
financial benefits they would have derived from him or her. Though
technically a survivor’s anguish and pain in losing a loved one is not
legally a compensable loss, the survivors are instead awarded the
monetary value of the loss of that person’s love, companionship,
advice, and similar intangibles. Final medical expenses and the cost
of burial are also part of the total damages.
HOW WOULD MY WRONGFUL DEATH LAWYER GET PAID?
Don’t worry. If we conclude that you have a valid claim, we will
advance all costs. We will only get a fee if we win for you, and then
we get reimbursed our case costs and receive our fee out of the money
recovery. Our fee is a percentage of the recovery. One thing to
consider in deciding whether to retain an attorney is the cost of
developing a wrongful death claim. A lay person might not think to
hire experts to support an insurance claim, nor submit medical data on
the decedent’s health and probable life expectancy. Nor obtain
voluminous medical records relating to the fatal injuries and cause of
death. (Yes, insurance companies will even argue over why the auto
accident victim died!) This can all be quite expensive and technical.
Failing to do it, will undoubtedly lessen the amount that can be
obtained in settlement. An experienced wrongful death attorney will
know what to do and will advance the substantial monetary investment
such a claim requires. He only gets reimbursed if he wins your case
for you.
ld have derived from him or her. Though
technically a survivor’s anguish and pain in losing a loved one is not
legally a compensable loss, the survivors are instead awarded the
monetary value of the loss of that person’s love, companionship,
advice, and similar intangibles. Final medical expenses and the cost
of burial are also part of the total damages.
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information that it is hoped my be informative and educational. It
does not constitute legal advice, nor does it create an
attorney-client relationship. No claim or warranty is made that any of
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contains communications from a member of the State Bar of California
concerning availability for professional employment. |
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