Wrongful Death

Wrongful Death Claims, Definitions and Remedies

When negligence or misconduct results in death, the victims include those that are left behind. Criminal courts can sometimes provide justice in the form of punishment, but it is in the civil courts that loved ones can obtain redress for the emotional and financial damage they must now face. Wrongful death statutes allow spouses, children, and sometimes even parents to bring claims -- and seek compensation -- from the individuals, companies, and organizations that have changed their lives forever.

Wrongful death claims are similar to other civil cases, but they require certain elements to be present. In California, plaintiffs must prove two primary elements:

The death was caused by another party's negligent or intentional conduct.
Surviving family members have suffered the loss of financial support, love, care, comfort, supervision, guidance, household assistance, and general society previously provided by the deceased.

The Law Offices of Anthony Boskovich have the experience and resources to take on complicated, high-stakes wrongful death matters from the beginning to the final verdict or settlement. We are advocates and innovators, leveraging expertise, dedicated attorneys and staff, high-tech courtroom exhibits and experts into a team that wins cases and provides closure for those who need closure and accountability for their loss.

What is the definition of wrongful death?

The legal definition of wrongful death is any death that directly resulted from another party's negligence or misconduct.

What are survivors entitled to in wrongful death cases?

Damages that family members can pursue if a loved one has suffered a wrongful death include:

Loss of companionship
Financial compensation for the amount of money earned by the deceased
Medical and funeral expenses
Mental anguish and suffering
The financial value of the services the deceased would have provided for their child's education and maintenance
Punitive damages

How do courts determine what a person's future earnings would have been?

A life expectancy table is used to accurately estimate the future earning potential of the deceased. Precisely, whatever the earnings were of the deceased at the time of death are multiplied by the number of expected remaining years of earning, up until the age of retirement.

Then, retirement benefits are determined in accordance with a life expectancy table. Once a number has been concluded, it is then reduced to equal the amount it would be if the money were conservatively invested.

How is a death considered wrongful?

If a person dies due to another party's action or inaction, then the death could be considered wrongful. Common wrongful death cases stem from:

Automobile Accidents - If a manufacturer releases a faulty product or another car or truck or motorcycle operator is negligent in their driving responsibilities, such as drinking and driving, driving under the influence of drugs, operating a vehicle without corrective lenses, or even talking on a cell phone, or text messaging.
Recreational accidents - Many wrongful death claims arise from boating, hunting, cycling, swimming pool or skiing activities. Where another person or entity is a substantial factor in bringing about the accident and death, a wrongful death claim may be maintained; even if the victim was partially at fault.
Emergency room medical malpractice - If the employees of an emergency room force a patient in need of medical attention to wait without being seen or a surgeon performs a surgical error
Medical Malpractice - If a physician fails to diagnose a terminal disease or acts in a manner inconsistent with other professionals in their field
Nursing Home Abuse - When employees of a nursing home neglect an elderly person

How is medical negligence proved?

The wrongful death attorneys at The Law Offices of Anthony Boskovich will fully investigate the terms surrounding your loved ones death. To aid us in this process, we will consult with medical experts to thoroughly examine medical records and interview doctors and other potential witnesses.

If a loved one has died due to another party's suspected negligence, please contact us today for your free case evaluation.

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