Wrongful Death

A wrongful death can be very difficult to deal with and understand. The loss of a loved one is always one of the hardest things we will have to go through in this life. The unexpected death of a loved one brings on emotional and physical pain but also financial strife and life altering events.

When that loss is due to another person's negligence or mistake, it is extremely distressing and heartbreaking. When someone dies as a wrongful death, someone else's carelessness or negligence was the cause of the death.  In a wrongful death case, not only has a loved one died, but an injustice has taken place. Amid all the sorrow you know that something should be done about it, but you do not know what to do. That is where we can help.

A wrongful death can occur before a number of reasons, but it always involves someone else's carelessness or negligence.

People die because of motor vehicle accidents, hospital and medical mistakes, falls and sporting injuries, airplane accidents, and the like. An unexpected death always takes an emotional toll on the survivors. In addition, the survivors may suffer lost income, funeral expenses, medical bills, loss of benefits, loss of inheritance and similar damages. The worst damage of all is the loss of the companionship of the loved one who died. This is an emotional damage.

When a person you loved was killed because of someone else's carelessness, the law says you have the right to recover monetary damages. No amount of money could compensate you fully for the loss of your loved one, but the law allows you to recover damages for emotional distress plus money to pay any funeral expenses, and to replace any income.

In California, the law imposes a statute of limitations, which sets a maximum amount of time that legal proceedings can occur after the date the incident. Each year at our Law Office, people call me to ask me for help that have legitimate cases, only to find their statute of limitations has run out. It is one of the most difficult things for me to tell them I can’t help because they waited too long.

A wrongful death suit has two recovery types most often brought up at the same time: the claim by the estate of the victim and the claim brought by the family of the victim. The court will award the estate of the victim compensatory funds for pain and suffering, medical expenses and funeral and burial expenses. However, if the death was instantaneous there may not be any compensation for pain and suffering. Alternately, if an extensive period of time passes between the accident and the resulting death, the award can be quite substantial.

There is also a claim for the value of the loss of life. This claim focuses not only on the impalpable value of lost life but also the loss of that person’s income. Photos, personal stories, home movies and family memories give the jury a fuller picture of what the victim was like in the world as a person. It can drive home the point that the victim is much more than lost earnings but a whole slew of life experiences left unfelt.

These types of tragic cases often receive large awards. The case of Rial v. Regents of the University of California, Orange County Superior Court, netted  $2,000,000 for the father of a son who was misdiagnosed and died as a result.

If you have lost a loved one in a wrongful death, you will need a lawyer with experience. Call (916) 444-4444 for free consultation.

Moseley Collins is a personal injury attorney serving those badly hurt throughout California and specializing in the cities of Sacramento, San Francisco, San Jose, and Los Angeles. There is no fee to discuss your case and there is no fee unless we win.

Moseley Collins
980 9th St, 16th Floor
Sacramento, CA 95814
Phone: (916) 444-4444
http://www.moseleycollins.com/