Walnut Creek personal injury lawyer, Michael D. Herman, can answer all of your questions and address all of your concerns when you believe you might have a wrongful death case.
In situations like these, no-one can imagine what you are going through. The last thing you probably want to be doing is talking to an attorney. But when you and your family has recently lost someone you cared about because of someone else’s negligence or recklessness, it is important to talk to a wrongful death attorney to go over your legal options.
WHAT IS WRONGFUL DEATH?
If one of your family members pass away because of another person’s misconduct, negligence, or recklessness you can sue that person for a wrongful death. Many times wrongful death claims occur after a full criminal trial has been held. Similar evidence is used, but there is a lower burden of proof to hold the offending party liable.
WHAT ARE EXAMPLES OF WRONGFUL DEATH?
Examples of wrongful death cases include, but are not limited to the following: criminal acts, car accidents, airplane accidents, train accidents, medical malpractice, and work injuries.
WHO CAN RECOVER IN A WRONGFUL DEATH CLAIM?
The people who can recover for a wrongful death claim include the decedent’s spouse, children, parents, and dependent stepchildren. Keep in mind, the wrongful death case is brought by the personal representative of the decedent or a statutory claimant.
WHAT CAN I RECOVER?
In a wrongful death action, you can recover economic and non-economic damages. You cannot, however, recover punitive damages or for personal injury damages that the decedent incurred before dying. The personal representative of the decedent should also assert a claim for losses the decedent sustained before death, such as medical bills, property damage, lost earnings, punitive damages, etc.
WHAT SHOULD I DO?
When a possible wrongful death claim exists, it is very important that you talk to a skilled attorney to help you recover as much as possible for your claim. Make sure to speak with an attorney as soon as possible so you can save valuable evidence, preserve your legal rights, and build the strongest case possible for your claim.
ALL ASPECTS OF WRONGFUL DEATH ADDRESSED
Wrongful death cases are complex, but are worth pursuing. You only have one opportunity to pursue your wrongful death claim and only one opportunity to pursuit it correctly. This is why it is important that you give us a call so he can fully evaluate every detail of liability, every avenue for damages, and work hard to recover as much as possible for you.
TALK TO AN ATTORNEY FOR FREE
Call The Law Office of Michael D. Herman with any questions or concerns you might have about your wrongful death case. We are wrongful death attorneys in Walnut Creek, and we look forward to helping you. Our case consultations are always free and we are committed to giving you and your case the personal attention and hard work you need from your personal injury lawyer.