Wrongful Death Litigation

When a loved one dies because of the negligence of a person or a medical professional, a wrongful death can occur. Individuals who lose a loved one to an accident must deal with the trauma of the loss and any financial hardships associated with the death. If you have lost a loved one due to the negligence of another, call our wrongful death attorney at the Law Offices of Ginger S. Marcos, APC to discuss your case. A wrongful death claim seeks compensation for the economic losses of survivors. Certain family members in the State of California may sue the negligent party when the injuries resulted in the death of a loved one. 

Who can file a wrongful death lawsuit? 

Survivors of the deceased are allowed to seek compensation for the death of a loved one when there is negligence responsible for their death. The individuals that may file a wrongful death lawsuit in California include: 

Spouses: Spouses can recover compensation for future earnings. They can also sue for things that their partner would have provided if they hadn’t died such as guidance, protection, or comfort. 

Domestic partners: These partners can file a wrongful death claim can recover the same compensation that a spouse would. 

Minor children including adopted children

Parents of the deceased. 

How long do you have to file a wrongful death claim? 

The statute of limitation is the amount of time that family members or the estate has to file a wrongful death claim following the death of a family member. A wrongful death claim must be filed within two years of the date that the decedent died. If the wrongful death claim is due to medical malpractice, then they have three years from the date of the injury or one year after the plaintiff discovered the negligence to file the lawsuit. 

Damages in a Wrongful Death Lawsuit

The damages that can be recovered from a wrongful death lawsuit include two categories: economic and non-economic. Economic can include burial or funeral expenses, hospital or medical expenses associated with final injury or illness or lost wages. Non-economic damages include the loss of services provided by the loved one, loss of affection, loss of companionship or loss of moral support, to name some examples. 

How we prove a wrongful death claim

To prove a wrongful death lawsuit, we must prove that the defendant was negligence and that this negligence caused the death. The law says that there is a duty of care owed and when that duty of care is breaches then negligence occurs. Our experienced wrongful death attorneys will investigate the death of your loved one to determine if negligence is present and whether this negligence caused the death. 

Causes of Wrongful Death

Some of the most common causes of wrongful death include: car accidents, medical malpractice, workplace accidents, falls, boating accidents, asbestos exposure, and falls. Regardless of the cause of your loved one’s death, our legal team is committed to getting you and your family the compensation that you deserve. 

Call to Schedule a Free Consultation With a California Wrongful Death Attorney Today

If you have lost a loved one due to someone’s negligence in California, call to schedule a free consultation with a medical malpractice attorney today. The compassionate legal professionals at the Law Offices of Ginger S. Marcos, APC will evaluate your case to find any existing negligence to pursue a wrongful death lawsuit. We serve Anaheim, Fullerton, Garden Grove, Buena Park and all of the surrounding SoCal communities. Visit our web page at www.marcoslawfirm.comor give us a call at 949-417-6202 to schedule a consultation to discuss your case.