Wrongful Death Lawsuit
A Wrongful Death claim is a cause of action which arises from the victim's death and is brought by the surviving beneficiaries or dependents of the deceased victim.
A Wrongful Death lawsuit claims that the deceased victim died as a result of negligence or other liability due to the defendant's conduct and that the surviving beneficiaries and dependents are entitled to monetary damages as a result of the defendant's conduct.
Wrongful Death California Statutes
Each state in the United States has passed wrongful death statutes unique to its own jurisdiction.
Wrongful Death Legal Heirs & Beneficiaries
Under California law, in order for an attorney to succeed in a wrongful death lawsuit on behalf of the heirs, the following must be proven:
- That the death was caused by the negligence or wrongful conduct of another
- The extent of the heirs' damages
Wrongful Death Order of Claimants
In California the legal heirs under the law may claim to seek wrongful death damages with the following order of precedence:
- First in line are the surviving spouse, children, and surviving issue of deceased children of the decedent — these people have the right to claim damages "jointly and severally" — that is, they share a single claim for damages.
- Next in line are the person's parents; then brothers and sisters; then the children of deceased brothers and sisters; then grandparents; and then their descendants.
- Minors who lived with the deceased victim and who received 50% support from the victim at the time of the victim's death. This minor must have been part of the deceased's household for at least 180 days before the victim's death.
Doctor's & Medical Negligence
Within the area of negligence there are special rules relating to various people and/or various categories regarding their particular duty. The same would be true for a doctor's negligence. A doctor's negligence has to be measured by other doctor's of similar standing in the community. If you are claiming that an orthopedist was negligent in diagnosing or misdiagnosing or performing surgery, it would be required that another orthopedist be able to testify that the doctor not only caused some damage, but the damage was caused by his doing or failing to do something that was below the standard of care for orthopedists in that community. This would also apply to any other profession, such as attorneys and other medical personnel.
It is not enough to be able to prove negligence and that the person suffered damage. Usually, most people do not have enough money to pay those damages unless they have insurance. In California, if you do not have automobile insurance, and you are injured by someone else, even if it is their fault, you can only collect your special damages, i.e., your medical expenses and loss of earnings, but not general damages, i.e., your mental suffering and emotional distress. That law was passed to encourage people to drive with insurance. Also, if you do not have automobile insurance, you can lose your driving privilege in California.
For further information see the following sections:
Wrongful Death Attorney
If you are serious about getting justice for you and your loved ones, then you’re going to need the highest possible caliber wrongful death attorney on your side. The insurance companies and other big defendants often have tremendous resources at their disposal, but that doesn’t mean they can’t be beaten at their own game. At the Law Offices of Burg & Brock, we have handled over 5,000 personal injury and wrongful death cases, earning a 97% success rate and over $100 million in verdicts and settlements. Our founder, Cameron Brock, has made a name for himself as a wrongful death attorney who always fights aggressively for his clients. Let us help you finally set things right.
There are a lot of people out there just like you who have great need for a talented wrongful death attorney, but don’t get one. One reason is that many people think – incorrectly – that they can’t afford a high-quality wrongful death attorney. They see famous lawyers on television with their fancy suits and they assume that only the super-rich get top notch legal representation like that. But here at Burg & Brock, we believe everyone deserves the very best. We could charge our clients $300/hour or more, but then we’d be shutting out vast numbers of people who are in real need. That is why we work only on contingency; we don’t get paid unless we win money for you (either through a verdict or settlement), and our firm is capable of underwriting the costs of your lawsuit.
Wrongful Death Claim
If you believe you have a strong wrongful death claim, you should procure capable legal representation before proceeding with your case. A wrongful death claim can contain complex legal questions, and you will benefit from the wealth of experience and expertise found here at the Law Offices of Burg and Brock, Inc. Our team of talented and devoted personal injury lawyers has a proven track record, with a 98% success rate and over 5,000 cases won – many of them involving a wrongful death claim. Overall, we have succeeding in recovering over $100 million in damages for our many grateful clients.
Here at the Law Offices of Burg and Brock, Inc., we have serving the greater Los Angeles area since 1996. We work on a contingency, or NO RECOVERY, NO FEE basis, which means that we don’t ask for any compensation unless and until we deliver a verdict or settlement for you. Don’t hire a lawyer who is going to charge you $300 per hour to pursue your wrongful death claim – not when you can hire a high-caliber attorney from a law firm like ours that is large enough to underwrite the cost of such a lawsuit. Contact us today for a FREE initial consultation. Let’s work together to get you the verdict or settlement you so justly deserve.