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Wrongful Death Lawyer / Accidental Death AttorneyWhether in a fatal car accident, related traffic fatality, or other catastrophic accident, the loss of a loved one is a tragic event. No amount of money can ever replace a parent, spouse or child lost in a fatal accident. However, when someone dies through the fault of another, the surviving family members may be compensated for their financial losses in a wrongful death lawsuit. Available damages in a wrongful death lawsuit include: medical expenses, pain and suffering, loss of future earnings, and loss of support, love, affection and guidance. Because the deceased family member is not available to bring a case against the person responsible for the loss, their estate is often authorized by wrongful death law to do so on his or her behalf. An executor or administrator, who may be a spouse, child, parent, or other relative, represents the estate. To learn more about wrongful death cases and issues, please read on. Wrongful Death - An OverviewLosing a loved one is painful. Losing a loved one due to wrongful death can be even more difficult. If someone's wrongful actions caused injuries that resulted in your loved one's death, that is a wrongful death. At common law, there was no legal action that surviving family members could take. That changed, however, when governments began to make laws protecting survivors. Now, in every state in the US, the representative or heirs of a person lost to wrongful death may file a lawsuit for monetary damages. The laws, however, vary quite a bit from state to state, so consulting with an attorney is advisable. The main method courts have for measuring loss in wrongful death lawsuits is pecuniary damages — that is, the court must determine the proper compensation for the financial loss that the death has caused. Though this may seem harsh or cold, money damages are the remedy that civil courts have at their disposal. Thus, when the courts measure loss, the first thing most of them turn to is quantifiable data:
The court will also take into consideration:
The Physician-Patient Privilege in Wrongful Death CasesThe physician-patient privilege is designed to help each patient feel free to tell the doctor the whole truth about what the patient is experiencing; that way, the doctor will have the best information for diagnosing and treating the patient. This privilege can be very important for the relationship between the doctor and the patient. When a patient passes away, however, what happens to the privilege? If you want to take legal action because your loved one suffered a wrongful death, you may have questions about the privacy of the medical records involved. For more information on physician-patient privilege, speak with an experienced attorney. The Wrongful Death of a Child or an Elderly PersonNo matter what the age of the loved one you have lost, the grief is powerful. The law, however, often takes age into account when it assesses your loss. Because your loved one cannot be replaced, the law is at a disadvantage to truly compensate you. Money is one measure that the legal system can objectively use to reflect what has been lost. For more information on how the law applies to the wrongful death of your child or elderly relative, contact an attorney. Statutes of Limitations and the Discovery RuleIf you have experienced the loss of a loved one due to wrongful death, the last thing you may want to think about is how your legal rights are affected. The law surrounding wrongful death, however, allows legal action to be taken only for a limited period of time. When this period has elapsed, you will no longer have the option of filing a lawsuit. An attorney can answer your questions about how much time you have to take action. Monetary Damages in Wrongful Death CasesLegal actions for wrongful death can be very complex, especially when the harmful acts of several parties contributed to an individual's death. Some parties may settle the matter before the case goes to trial; others may see it all the way to a verdict. No matter who the defendant is, the amount and type of financial recovery the plaintiff can make depend on the law of the state in which the case takes place. Contact an attorney to discuss your legal rights.
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The California lawyers at The Law Offices of Carl D. Barnes represent clients throughout all of California and across the United States. Our vast experience and understanding of Personal Injury law has brought us cases from all over the country. We offer our personal injury services to Los Angeles, Beverly Hills, Burbank, City of Industry, Claremont, Covina, Gardena, Glendale, Glendora, Hermosa Beach, Encino, Malibu, Bakersfield, Fresno, Northridge, Temple City, Arcadia, Pomona, Studio City, Manhattan Beach, Monterey Park, Hollywood, Pacific Palisades, Pasadena, Reseda, Santa Clarita, Santa Monica, Sherman Oaks, Van Nuys, Woodland Hills, Long Beach, Modesto, Oakland, Orange County, Santa Ana, Irvine, Sunset Beach, Costa Mesa, Anaheim, Newport Beach, Riverside, San Bernardino, Palm Springs, Chino, Mission Hills, San Diego, San Francisco, San Jose, Santa Rosa, Santa Barbara, Sacramento, Ventura, and Redding, CA. Among the other cities and states that our attorneys serve are New York, New Jersey, Reno, Las Vegas, Nevada (NV), Austin, Houston, San Antonio, Waco, Dallas, Texas (TX), Boulder, Denver, Colorado (CO), Tucson, Yuma, Phoenix, Arizona (AZ), Tacoma, Spokane, Bremerton, Bellingham, Seattle, Washington (WA), Vancouver, Salem, Portland, Oregon (OR), Santa Fe, Albuquerque, and New Mexico (NM). |