Losing a loved one is heartbreaking, whatever the circumstances. However, if your loved one died due to someone else’s recklessness or negligence, you may be able to hold them responsible for their actions and the death of your loved one.
According to the Centers for Disease Control and Prevention (CDC), there were almost 170,000 deaths from unintentional accidents in 2017 in the U.S. If your loved one died in an accident that was preventable, a San Francisco wrongful death lawyer can give you advice. You could recover compensation.
Call Ben Crump Law, PLLC now for a free, no-obligation review of your case at (800) 959-1444.
Types of Wrongful Deaths
Wrongful death is generally a claim against a person or company that negligently caused another person’s death. According to the California Code of Civil Procedure § 377.60, wrongful death is legally defined as “a cause of action for the death of a person caused by the wrongful act or neglect of another.” Wrongful death can arise in many different circumstances, for example:
Motor Vehicle Accidents
Car accidents happen on our roads every single day. When another’s negligence or error causes an accident, for example, due to a driver drinking or driving recklessly, a wrongful death claim may arise. A wrongful death can also potentially arise through a vehicle defect or malfunction. Hit and run accidents, or striking a pedestrian or bicyclist, can all result in wrongful death cases.
If your loved one was fatally injured on someone else’s property, due to a hazardous condition or disrepair, you could have a wrongful death claim against the property owner. This can include a slip and fall accident, as well as others.
A property owner has to ensure that their property is safe. If they did not remove a hazardous condition in a timely manner or failed to warn of a dangerous condition on the property, you could have a wrongful death claim.
According to Johns Hopkins University, more than 250,000 people die annually due to medical mistakes in the U.S., suggesting that medical malpractice is one of the leading causes of mortality nationwide. If your loved one was a victim of medical malpractice and died due to a medical provider’s negligence, you could have a wrongful death claim.
If your loved one suffered a fatal injury at work, you could have a workers’ compensation claim as well as a wrongful death claim.
Manufacturers generally have to ensure that their products are free of defects. If a faulty consumer product, or drug, caused your loved one’s death, you could have legal recourse with a wrongful death claim. A product liability case can arise with faulty medical devices, toys, car parts, electronic appliances, and many other goods and products.
Apart from these wrongful death cases, there can be many others. For example, if your loved one died due to neglect or abuse in the nursing home, in an aviation or boating accident, or in any other circumstance that arises from someone else’s negligence, you could potentially have a wrongful death case. A lawyer can provide you with more information.
For a free legal consultation with a wrongful death lawyer serving San Francisco, call (800)-593-3443
Filing a Wrongful Death Lawsuit
In California, the following persons can generally file a wrongful death lawsuit:
- The surviving spouse
- A domestic partner
- The surviving children
- A representative of the deceased’s estate
In certain circumstances, parents of the deceased, stepchildren, and others may also file a wrongful death lawsuit. If you are unsure as to whether you can file a wrongful death lawsuit, you can consult with a San Francisco wrongful death lawyer for advice. Call Ben Crump Law, PLLC today.
San Francisco Wrongful Death Lawyer Near Me (800)-593-3443
Compensation in Wrongful Death Claims
It can be challenging to generalize about any compensation you could receive with a wrongful death claim. Compensation will depend on the circumstances of the accident, the relationship between the claimants and the deceased, and the amount of the decedent’s income and benefits, among other considerations.
Depending on your relationship with the deceased, you could recover the following types of compensation in a wrongful death lawsuit:
- Medical and funeral expenses
- Loss of companionship
- Loss of income and benefits from the deceased
- Future loss of income and benefits from the deceased
- Mental pain and suffering
- Lost parental companionship and guidance
You could also receive other damages, depending on your specific wrongful death claim. A court may also decide to levy punitive damages on the defendant if they acted particularly maliciously or grossly negligent in causing the death.
Let Ben Crump Law, PLLC Work for You
Losing a loved one in an accident is tragic. We understand that a lawsuit can add to the stresses you are facing during a very difficult time. However, we can be here for you and can help you navigate all aspects of a lawsuit. You do not have to face this by yourself. Hiring a San Francisco wrongful death lawyer means that you can be free to spend time with your family while we work on your claim.
Depending on your case, proving a wrongful death claim can be complicated. However, we know how to fight for your rights. We will build your case and can help you by:
- Gathering the evidence needed
- Calculating the damages arising from the wrongful death
- Negotiating with insurance companies on your behalf
- Providing expert witnesses if required
- Representing you in a court of law
We also understand that losing a loved one can bring up financial uncertainty, especially if they were one of your household’s main earners. When you work with us, there will be no financial risk as we do not charge any upfront lawyer’s fees or out-of-pocket costs to you. We have the resources to fight your case and only get paid when we win your case, and you receive a settlement.
Contact us soon, as California law sets strict deadlines for wrongful death lawsuits, which may prevent you from getting justice and compensation if you do not act quickly. Call Ben Crump Law, PLLC now to find out if you have a case and could receive compensation at (800) 959-1444.