- How do I know if a motorcycle helmet is acceptable under my state’s helmet law?
- In a case with multiple heirs, how are damages divided?
- Will My Health Insurance Coverage or Paid Sick Leave from Work Limit My Recovery For My Motorcycle accident?
- Is There Anyone Other Than the Drivers and Passengers Involved in a Motor Vehicle Collision That I Could Sue for My Damages?
- Will My Attorney Need To Retain Experts To Prove Liability And Damages Even Though My Injury Is So Obvious?
- Who can sue for an amputation injury?
Fountain Valley Personal Injury Lawyers
- October 5, 2016
Fountain Valley Personal Injury Lawyers Help to Make a Wrongful Death Right
Losing a loved one is difficult for anyone. Your grief could become anger when your loved one was taken because of another person or entity’s negligence or wrongdoing. How do you heal from a death that never should have occurred?
If the deceased was the sole breadwinner in your family, the loss is deepened. No amount of money can replace the love you have for this person; however, you have legal rights to sue for wrongful death to gain some sense of closure.
Holding a negligent person or entity responsible is something that Fountain Valley personal injury lawyers with El Dabe Law Firm can do on your behalf. As a survivor of a wrongful death victim, the firm will fight to ensure you receive the compensation you deserve.
We are not just representing a case file. Rather, we take time to get to know things about your deceased loved one. We want to know what he or she meant to the family. During our initial free consultation, we ask questions about his or her career and future prospects. Feel free to tell us about your loved one’s hobbies and community activities.
Our goal is to get a full picture of your loved one’s life. This helps the personal injury lawyer representing your case with persuasive evidence of the value of that person’s life. El Dabe Law Firm wants to make this part of your process towards healing and not a burden.
We want justice for your family so you do not continue to live your life without your loved one and suffer financially.
What is a Wrongful Death Lawsuit?
Basically, a wrongful death lawsuit is a legal claim brought by surviving family members of a person whose death was caused by the negligent actions of another person or entity. Any representative of the deceased person’s family or estate can sue for civil damages that include grief, sorrow and mental suffering.
When a Wrongful Death Claim is Applicable to Your Loved One’s Death
A wrongful death claim applies when a victim is killed because of negligence or an act to intentionally harm the victim. Generally, this can occur from a variety of scenarios:
• The victim is intentionally killed from the act of another
• The victim dies from medical malpractice where the physician did not diagnose a condition or was careless in delivering a proper level of care
• The victim suffers a fatal car crash where negligence caused the accident
The point of proving fault in a wrongful death lawsuit is to hold the person or entity liable. The burden of proof that must be met is the same as if the victim had lived. In other words, the plaintiffs must show that:
• A duty of care was owed to the victim
• The responsible party breached this duty
• By doing so, the breach resulted in the direct and proximate cause of death
• The victim’s death caused damages that the plaintiffs want to recover
Being Compensated for the Loss
State and federal prosecutors, not a victim’s family, can bring criminal charges against the person who caused your loved one’s death. The purpose of filing a claim for wrongful death is to receive compensation for your loss.
Monetary damages can cover two areas: losses to your loved one’s estate and losses to dependents. Both are based on the income the victim was expected to earn over his or her lifetime if the defendant had not caused his or her death.
Recovering lost income that your loved one would have provided is allowed in the claim. Other damages you can request include:
• Mental anguish
• Loss of care, comfort and companionship
• Loss of an inheritance from an untimely death
• Punitive damages
Premier Law Firm Serving All Residents of Fountain Valley in Personal Injury Cases
From the moment you speak with one of our personal injury lawyers, you will know that El Dabe Law Firm is committed to winning this battle for you and your family. No one should suffer the unexpected death of a loved one from negligence or willful wrongdoing.
Our firm will ask the right questions, collect viable evidence and make sure your suffering does not continue with a financial struggle. Contact us today so we can begin building your case and getting the compensation you need and deserve.