WHAT IS WRONGFUL DEATH?
Wrongful death is a claim that arises when an individual dies due to the negligence or wrongful act of another person or entity. In that sense, a wrongful death claim is the civil counterpart to a homicide in the criminal prosecution. In a criminal matter the government can prosecute the wrongdoer and enforce a criminal penalty, most likely jail or prison, when found guilty. Wrongful death is the civil claim and suit, and potential suit, which addresses the damages of the heirs of the decedent. A wrongful death suit can only recover money for the family and relatives of the deceased.
WHY WOULD AN ATTORNEY BE NEEDED FOR THIS TYPE OF CLAIM?
The complexities of a wrongful death situation usually require the assistance of an attorney. The law limits those who can assert a wrongful death claim on behalf of the deceased. In California state statutes provide:
- the deceased person’s surviving spouse
- he deceased person’s domestic partner
- the deceased person’s surviving children
- or others who may be entitled to sue as an unnamed heir
Moreover, there are prescribed damages under the statute that may be claimed which are detailed in the statutes in California, such as:
- funeral and burial expenses
- medical and hospital bills
- lost current and potential income the deceased person would reasonably have been expected to earn
The survivors of the deceased also can recover for:
- the value of household services
- loss of financial support, and
- loss of love, community, attention, affection, moral support, and guidance.
WHAT KIND OF COMPENSATION IS COVERED IN A WRONGFUL DEATH CLAIM?
The law in California allows for repayment to the deceased estate for damages such as funeral expenses, burial expenses, medical bills related to the death claim, and also loss of future income. The wrongful death statute also allows for repayment to the surviving heirs for value of the household services.
The wrongful death statute also allows for repayment to the surviving heirs for a value of the household services, loss of financial support, and loss of love, affection and enjoyment, which is normally called loss of consortium.
HOW MUCH EXPERIENCE DOES REDKEY GORDON HAVE WITH WRONGFUL DEATH CLAIMS?
Unfortunately, we have had the opportunity to serve many clients in wrongful death claims. This type of case involves very distinct emotional and legal counseling. Apart from the emotional trauma which was present, these claims require resolution of significant medical bills associated with the underlying death. Often medical bills need to be negotiated and/or waived, which creates a much larger settlement to be shared by all of the heirs.
An economic settlement is never enough in exchange for the life of a loved one, and the settlement award is often disbursed between multiple heirs with multiple interests. Our office has the experience to fashion a settlement that the decedent’s family can accept.
WHAT MAKES REDKEY GORDON STAND OUT FROM OTHER FIRMS?
Our office provides the personable hands-on communication with the primary claimants and clients, as well as the remaining heirs of the estate. We also have the experience, the expertise, and the proficiency to guide the family through the devastation of losing a loved one. Compassion for our clients is both required and also a hallmark of our success, and tends to be very important. A successful resolution to a wrongful death claim requires constant personal and compassionate communication with the client as well as maximizing their financial interests in this most unfortunate of events. Our office can serve the emotional and financial interest of such a claim.
We have exclusively settled and represented personal injury claimants over the last 15 years. We understand the medical lien issues which are complex and varied. We understand the legal causation issues that sometimes surface in these wrongful death claims, and we have a personal and direct communication with the clients which can facilitate a successful resolution to their claim.
Family and heirs to a victim in a wrongful death are marred with emotional trauma from the event. Redkey Gordon will guide our clients through the process with compassion and resolve.
If you have lost your loved one due to other’s negligence call our firm to find out how we can help you recover from the loss 209-267-1685.