A wrongful death, by definition, is when an individual is killed due to the misconduct or negligence of another party. While states vary on their wrongful death statutes in order to urge hospitals, manufacturing companies and physicians to act prudently in their professional obligation, wrongful deaths can still occur in situations like:
- Anesthesia Malpractice -If an anesthesiologist fails in his / her professional responsibilities and administers a fatal, anesthetic dosage.
- Emergency Room Medical Malpractice–Wrongful death lawsuits can stem from a hospital worker’s negligence in the emergency room, such as performing surgical errors, misdiagnosing a health condition, or prematurely discharging a patient.
- Pharmaceutical Negligence–A doctor or nurse can be held responsible for negligence in prescribing or administering a drug.
Wrongful Death Compensation
Each state allows the heirs of a family to file a lawsuit in the event of a family member’s wrongful death. Factors that courts consider when determining wrongful death damages may include:
- The amount of money earned by the deceased
- Loss of companionship
- The savings of the deceased
- The survivors degree of financial dependence on the deceased
- Expenses incurred for medical and funeral costs
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While no amount of damages can ever compensate for the loss of a loved one, being financially secure in your future can provide a sense of closure and security to survivors.
The laws involved in wrongful death lawsuits are always arduous and differ from state to state. Consideration of a wrongful death lawsuit, during your grieving period, may not seem urgent; however, wrongful death cases must be filed within a specific time period or you will risk losing your right to financial compensation.
Our Business is Your Justice
At the office of Teal & Montgomery, we take honor in working towards a timely resolution in your wrongful death suit. We believe you’re more than a client. You’re our responsibility. We will handle your case in a manner that allows you to lay your head on the pillow each night knowing someone with the legal insight is on your side.
Additionally, our attorneys are prepared and willing to provide assistance and opinions in a broad range of legal matters. We’ll walk with you every step of the way. You can take full advantage of Teal & Montgomery’s experience.
Initial Consultations are Always Free
Search our website to learn more about wrongful death law. Visit our Frequently Asked Questions page to find out more about how we can seek justice for you. For more information about cases we’ve won, visit the Results and Testimonials pages.
Contact our Law Firm
Contact us online today or call 707-703-4038. Schedule an absolutely free initial consultation at your convenience. We serve clients in the North Bay area of Santa Rosa and Sacramento including Sonoma, Napa, Marin, Mendocino, Alameda, San Francisco and Sacramento counties, so we’re here where you need us.
- What is a “wrongful death”?
- Who can bring a lawsuit for wrongful death?
- How can you place a dollar figure on a wrongful death?
- Will I have to go through a court trial?
Examples of negligently caused deaths include:
- Vehicle collisions, whether or not the driver is intoxicated
- Construction site accidents
- Defective products or foods
- Medical errors
- Dangerous condition of others’ property
Intentional misconduct usually involves acts of assault, battery, and murder.
2. Who can bring a lawsuit for wrongful death?
The family members (survivors) of individuals who have died as the result of another’s wrongful act are permitted to file a wrongful death lawsuit seeking compensation for medical and funeral bills, loss of financial support, and emotional pain and suffering caused by the death. Please continue for more information on who can file a wrongful death lawsuit.
3. How can you place a dollar figure on a wrongful death?
Certain losses can be easily calculated, such as medical and funeral expenses. Other losses, such as the loss of financial support from your loved one, require expert analysis by an economist. The emotional loss suffered by the family is much harder to value. The law requires those responsible for the death to pay for the loss of your loved one’s companionship, comfort, care, assistance, protection, love, affection, society, and moral support. No precise formula exists to assign a value to this loss, and each case will be different. We have significant experience in these types of cases, and we will help you through the difficult process of fairly resolving your case. We will spend time getting to know your family, and through you, the loved one you have lost, so that we are able to effectively communicate through the legal system the loss you have suffered.
4. Will I have to go through a court trial?
Most wrongful death cases settle without the need for a trial. We work hard to present a compelling case to the defendant and their insurance company, so that you will never have to go through a public trial. However, should the need arise, we are well prepared to present your case to a jury.
For more information specific to wrongful death cases, see the following: