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WRONGFUL DEATH ATTORNEY

Having seen the other side of wrongful death lawsuits, I know how insurance
companies think, act & evaluate claims

Get Help Now

If you’re looking for a wrongful death attorney in Atlanta who can work on your
behalf to recover damages resulting from a wrongful death case like yours, here
are a few things to consider from The Cochran Firm Atlanta:

 * How many wrongful death cases has the attorney managed in the last year?
 * What type of caseload does this wrongful death attorney carry at any one
   time?
 * Will this wrongful death  attorney actually work on my case or assign most of
   the work to an associate?
 * What settlement amounts has this wrongful death attorney received on behalf
   of clients in the last year or two?
 * How long has this wrongful death attorney practiced in Atlanta?
 * What types of accidents have been part of the cases this wrongful
   death attorney has tried? Does the attorney handle cases similar to mine?
 * How will this wrongful death attorney be paid? How does the rate compare to
   others in Atlanta?
 * Can I find journal or newspaper articles about this wrongful death attorney’s
   cases?

Your search for a lawyer with experience in wrongful death cases similar to
yours will probably take some time, but the decision you make is important.


DO I HAVE A WRONGFUL DEATH CLAIM UNDER GEORGIA LAWS?

If a loved one died as a result of a car accident or traumatic brain injury, you
may have a wrongful death claim.


WHAT ARE THE CHALLENGES I FACE IN GETTING THE SOLUTION THAT I DESIRE?

Atlanta judges and juries are asked to base their wrongful death awards on the
losses, pain, and suffering of the victim. Your wrongful death claim will need
to be structured by evaluating the victim’s lost future earnings, retirement
benefits, savings, and inheritance as well as their physical and mental
suffering prior to death. Your wrongful death attorney will also advise if it is
prudent to seek punitive damages against the negligent party.

If your family is thinking about pursuing a wrongful death lawsuit in memory of
a family member, it’s important to know who can file the claim under Georgia
law. To ensure that your wrongful death claim is settled for the benefit of the
victim’s survivors, enlist the assistance of an experienced wrongful death
attorney.


WHAT SOLUTION DOES THE COCHRAN FIRM ATLANTA OFFER TO VICTIMS OF WRONGFUL DEATH?

At The Cochran Firm Atlanta, our wrongful death attorneys have extensive
experience representing clients in wrongful death suits, and they have the
knowledge and ability to help your family recover the compensation they deserve.


NEW YORK WRONGFUL DEATH ATTORNEY

 

Has someone you love been killed in New York because someone else was careless?
You might be entitled to compensation through a wrongful death claim. While
money will never replace your loved one, it can help to make things a little bit
easier as you grieve.

Contact the compassionate New York wrongful death attorneys at Mirman, Markovits
& Landau, P.C. to find out how we can help you at this very difficult time.
Whether you’ve lost someone because of an accident, medical malpractice, or
wrongful act, we’re here for you.

We offer a free consultation, and there’s no risk in asking for our help. We’re
always available when you need us, 24 hours a day, 7 days a week, 365 days a
year. Call us for legal advice today.


YOU DESERVE AN EXPERIENCED NYC WRONGFUL DEATH LAWYER

You’ve just suffered a devastating loss of a loved one. In the days after a
fatal NYC accident, you might realize that you don’t have money to cover funeral
or burial expenses. You might wonder how you’ll make ends meet if you relied on
your loved one for financial support. These are damages you can recover with a
wrongful death lawsuit.

Seeking compensation might be one of the most important things you do. You
shouldn’t trust your wrongful death case with just any law firm. You deserve to
work with attorneys who have the experience and resources necessary to get you
the money you deserve. That’s what you’ll get when you turn to Mirman, Markovits
& Landau, P.C. for help in your time of need.

Since 1977, our NYC personal injury attorneys have been committed to helping
families like yours. We have more than 200 years of combined experience
navigating challenging wrongful death cases. Our hard work and passion for our
clients pay off. Our record of success speaks for itself.

 * $2.25 Million Medical Malpractice Wrongful Death Settlement
 * $1.2 Million Medical Malpractice Wrongful Death Verdict

Our law firm isn’t like other firms in New York City. Our staff and attorneys
are like family. When you call us for help, you become like family, too. We
understand your pain and suffering. That’s why we’ll go above and beyond to
secure the money that you need and deserve in your time of grief. Give us a
quick call to discuss your case today. 


DO I HAVE A WRONGFUL DEATH CASE?

What is wrongful death? In simple terms, a wrongful death occurs when someone is
killed because of another person’s negligent or wrongful conduct. At Mirman,
Markovits & Landau, P.C., we handle all wrongful death cases, including those
involving:

 * Car accidents
 * Pedestrian accidents
 * Bicycle accidents
 * Bus accidents
 * Truck accidents
 * Motorcycle accidents
 * Uber accidents
 * Dog bites
 * Slip and fall accidents
 * Medical malpractice
 * Construction accidents
 * Workplace accidents, and more.

Simply put, if someone you love has been killed due to the negligence of
another, you might have grounds to file a wrongful death lawsuit.

In New York, you’ll not only have to prove that your loved one died because
someone was careless, but also that they’d been able to seek compensation if
they’d survived their injuries.


WHO CAN FILE A WRONGFUL DEATH CLAIM IN NEW YORK?

Not everyone will have the right to file a wrongful death lawsuit after a fatal
accident. In fact, only the victim’s “personal representative” – the person
handling their estate – can legally file a wrongful death claim. This claim is,
however, filed on behalf of a victim’s surviving beneficiaries. This can
include:

 * A spouse
 * Children
 * Parents.

Generally speaking, immediate family members can benefit from a wrongful death
lawsuit.


WHAT COMPENSATION CAN I GET WITH A WRONGFUL DEATH CLAIM?

Wrongful death lawsuits are different from other personal injury matters. The
biggest difference involves the damages that can be sought. New York law
explains that damages awarded should be “fair and just compensation for the
pecuniary injuries resulting from the decedent’s death to the persons for whose
benefit the action is brought.”

In other words, you can seek compensation for the economic losses you’ll suffer
as a result of your loved one’s death. Pecuniary damages can include money for:

 * Lost expected wages and income
 * Lost work benefits, and
 * Loss of inheritance.

You can also seek damages for medical bills incurred before your loved one died,
as well as money for funeral expenses and burial costs.


HOW LONG DO I HAVE TO FILE A WRONGFUL DEATH LAWSUIT IN NEW YORK?

We know your loss stings. It’s left a hole in your heart. However, you could
lose out on valuable compensation if you wait too long to assert your rights.
That could make your situation even more challenging than it needs to be. 

In New York, the statute of limitations for wrongful death cases is two years.
You must file a claim with your local court within two years of your loved one’s
death. That’s not necessarily the same as the date of their accident.

You’ve got enough to think about without the added stress of a lawsuit. Let the
compassionate personal trial lawyers at Mirman, Markovits & Landau, P.C. help.
We’ll handle all aspects of your case from start to finish. This will give you
time to grieve and focus on moving forward. All you have to do is call our
family to help yours. It’s that easy.


WHAT IF MY LOVED ONE IS BLAMED FOR THE ACCIDENT THAT KILLED THEM?

Unfortunately, it’s a common tactic to blame the person who was killed in an
accident. However, there may be times when it is true that your loved one’s own
negligence contributed to their fatal accident. This doesn’t automatically mean
that you won’t be able to file a wrongful death lawsuit and recover
compensation. It might, however, affect how much you’ll ultimately be able to
recover.

New York is a comparative negligence state. Liability is allocated to everyone
who shares the blame. If your loved one contributed to their fatal accident,
your damages would be reduced to reflect that. For example, let’s say they’re
attributed 25 percent of the blame for the accident in which they were killed.
Your wrongful death damages would be reduced by 25 percent. 

Don’t hesitate to call the experienced wrongful death attorneys at Mirman,
Markovits & Landau, P.C. for help, especially if insurers or at-fault parties
are trying to blame your loved one. We will do everything we can to minimize
their role in the accident. The less fault attributed to them, the more money
you can potentially recover.


CALL OUR NYC WRONGFUL DEATH ATTORNEYS FOR HELP

Have you lost a loved one because of a fatal accident in New York City? Contact
the legal team at Mirman, Markovits & Landau, P.C. to learn about your legal
rights and options. You might be entitled to compensation, and we’re here to
help you fight to get every dollar that your family deserves.

Call our NYC law firm to schedule your free consultation. We represent clients
across New York, including Brooklyn, the Bronx, Long Island, Manhattan, Staten
Island, Queens, and Westchester.


WHAT DAMAGES ARE AVAILABLE IN A LAS VEGAS WRONGFUL DEATH CLAIM?

If a loved one dies in an accident involving neglect, recklessness, or the fault
of another party, it is important that you call an experienced attorney to
review the circumstances. In Nevada, there is a two-year statute of
limitations for filing a claim after the victim’s death, so contact an attorney
as soon as possible. Generally, if you file a lawsuit after that two-year
period, the court will dismiss your lawsuit. Contacting us as soon as you can
helps us develop the most compelling case possible.

Under Nevada’s wrongful death statute, NRS 41.085, heirs and the estate can only
recover specific types of damages in a wrongful death claim. For example, only
the estate may recover medical expenses of the decedent, funeral expenses, and
punitive damages. Heirs may recover damages for grief and sorrow, loss of
support, companionship, society, comfort, and consortium. Heirs may also recover
damages for any pain and suffering of the decedent before they died.

Another statute, NRS 41.100, called the survival statute, provides another
avenue of recovery for different types of damages for the heirs and personal
representatives of the estate. Determining who can recover what types of damages
can become complex and requires an experienced wrongful death attorney.

If there is a criminal or intentional element involved with your loved one’s
death, you may also be able to collect punitive damages. These are typically
awarded in cases involving illegal, negligent, or reckless behavior on the part
of the defendant. Punitive damages are a civil remedy and are punishment for bad
conduct resulting in a victim’s death. Nevada law does not have a cap on allowed
damages for wrongful death suits, involving all cases except medical
malpractice.

Our attorneys understand the intricacies of filing wrongful death claims and
will ensure your case is properly represented in trial or settlement. Contact us
as soon as possible so the best team can represent you. We will help your family
begin the healing process and compassionately provide the legal representation
you deserve.


DO I NEED A LAS VEGAS WRONGFUL DEATH ATTORNEY?

After a traumatic death in the family, the last thing you may want to think
about is the legal process of a civil lawsuit. Yet this action could be the best
possible move for your family. We know a lawsuit can’t take back the tragedy
that happened to your family. It can, however, provide closure and stability for
your family’s future. It can also hold the responsible parties accountable for
their mistakes or criminal actions. If your claim involves something like a
defective product, it could change the way the manufacturer operates –
potentially preventing similar deaths. Speaking to an attorney can help you
value your claim and learn whether it’s the right choice for your family. You
may qualify for recovery of damages, such as loss of benefits to heirs, loss of
companionship, loss of consortium, property damage, and mental anguish.


VIRGINIA WRONGFUL DEATH ATTORNEY

If you have suffered the loss of a loved one in a fatal accident or as a result
of injuries sustained through another’s negligence or recklessness, finding
a personal injury lawyer in NoVa may be the last thing on your mind. After all,
you must endure the grief of your loss as well as the stress and worry over the
financial changes your life has suddenly undergone. However, it is important
that you think about your future. A passionate Virginia wrongful death attorney
can look after your welfare by handling the legal aspects of your loss so that
you can focus on your family’s emotional well being during this time of sorrow.




SYMPATHETIC WRONGFUL DEATH LAW FIRM

At Price Benowitz LLP, Virginia, we understand that the grief you are suffering
can make it difficult to take action. We treat our clients with dignity and
respect while aggressively pursuing the compensation you need from those whose
negligence or wrongful act contributed to the death of your loved one. We
understand that no amount of money can make up for the loss you have endured,
but we can give you and your family protection and peace of mind with the
financial security afforded by a successful wrongful death suit. If you have
lost your primary provider, you may have also lost your benefits, access to
health care, and future income and earnings to take care of daily living
expenses. A qualified Virginia wrongful death lawyer can help you obtain
compensation for these and other difficulties resulting from your loved one’s
death.

For answers to some of the most frequently asked questions on this topic of
wrongful death claims, it is best to visit our website’s FAQ page here.




DEATH CAUSED BY RECKLESSNESS, NEGLIGENCE, OR A WRONGFUL ACT

Though your grief may prevent you from taking action, hiring an attorney for
your case can allow a professional to take action on your behalf. The NoVa
wrongful death lawyers with Price Benowitz LLP will work relentlessly for the
compensation our clients need and deserve.

A wrongful death is any death caused by another’s recklessness, carelessness,
negligence, or wrongful act. Whether the death occurs immediately in a fatal
accident or occurs sometime after the incident as a result of injuries
sustained, the fact another’s actions contributed to the death of the individual
gives spouses and surviving dependents the right to take legal action.

Wrongful death cases may result from car accidents (even involving alcohol),
motorcycle accidents, trucking accidents, medical malpractice, defective
products, premises liability accidents, and neck injuries.


WRONGFUL DEATH COMPENSATION

Our attorneys at Price Benowitz LLP are skilled negotiators and litigators who
have been proven successful at helping grieving family members obtain financial
compensation for:

 * Grief, anguish, and emotional trauma
 * Loss of consortium (loss of spousal companionship)
 * Loss of the income, services, care, protection, and assistance of the
   deceased
 * Medical expenses pursuant to the injuries leading to the wrongful death
 * Reasonable funeral expenses
 * Punitive damages

The loss of your loved one is difficult enough. Do not compound your
difficulties with the financial burden of the loss. Call Price Benowitz LLP to
speak with a compassionate, determined wrongful death lawyer in Virginia.


CONTACT A VIRGINIA WRONGFUL DEATH LAWYER

If you feel that the death of your loved one is the result of negligence or
other wrongful act, it is best to contact Price Benowitz LLP, Virginia to speak
with an attorney who can answer your questions. Call to schedule a free
consultation with an experienced personal injury and wrongful death lawyer.


WHAT IS AN OREGON WRONGFUL DEATH CLAIM?

Oregon wrongful death statutes state “when the death of a person is caused by
the wrongful act or omission of another, the personal representative of the
decedent for the benefit of the decedent’s surviving … [family], may maintain an
action against the wrongdoer, if the decedent might have maintained an action
had the decedent lived, against the wrongdoer for an injury done by the same act
or omission.” This is a legalistic way of saying if a person dies as a result of
a wrongful act or omission of another, such as a drunk driving fatality or an
employer not properly guarding an automated machine, then the personal
representative of the decedent’s estate may bring a lawsuit against the
wrongdoer for the benefit of the surviving family or the decedent’s estate.

There are certain steps that have to be taken when filing a wrongful death
claim. The first is preparing for litigation. A personal representative of the
deceased has to complete certain tasks before filing the lawsuit like setting up
the estate. An investigation may be necessary and identifying the responsible
parties. Next, is the negotiation and settlement. Though the other party may
want to settle outside of court, you reserve the right to push the wrongful
death suit. You would then file the suit and the litigation process begins.


GET RESULTS – CALL A PORTLAND WRONGFUL DEATH ATTORNEY AT MAYOR LAW

At Mayor Law, it is our goal to help the families of Oregon wrongful death
victims achieve justice and restore their lives. Portland Wrongful Death
Attorney, Travis Mayor, will help you by reducing the hassles and inconvenience
of your tragic loss as you mourn while maximizing the financial compensation for
the statutory beneficiaries of the decedent’s estate. Travis Mayor has recovered
millions of dollars for families of Oregon wrongful death victims. For every
Oregon wrongful death client, Travis offers personal service with proven
results. For more information regarding wrongful death and our Oregon Wrongful
Death Attorney, see our FAQ page.

Contact us today for a free, no-obligation consultation and case evaluation. At
Mayor Law, we understand the legal implications of an Oregon wrongful death
lawsuit. More importantly, we understand your family’s pain. We use our
experience, knowledge, and resources to build a strong case and secure the
compensation your family needs to cope with the loss of your loved one for years
to come.


TYPES OF PORTLAND WRONGFUL DEATH CASES

Each year hundreds of Oregonians are involved in preventable fatal accidents
caused by the negligence and reckless conduct of others. Typical examples and
common causes of wrongful death accidents include:

Motor Vehicle Deaths – In 2011, 32,367 people died in motor vehicle crashes in
the United States. While this is an improvement from proceeding years it still
represents the leading cause of death in unintentional accidents. Motorcycle
accidents accounted for 4,612 deaths, and large trucks accounted for 3,757
fatalities. Negligent deaths are generally the result of brain injuries, spinal
cord injuries, head and skull fractures, severe broken bones and fractures.

Pedestrian And Cyclist Fatalities— In 2011, pedestrian accidents accounted for
4,432 fatalities. Bicyclist fatalities, as reported by the U.S. Department of
Transportation, were at an all-time high of 677 fatalities. Most of these
fatalities were the result of negligence resulting in death. Family members can
seek justice by pursuing legal action to recover damages from an accidental
death lawsuit.

Unsafe and Defective Products –- In 2012, the US Consumer Product Safety
Commission reported 847,755 people were hospitalized as a result of their
injuries from unsafe and defective products, and more than 5,400 died as a
result of using defective products.

Medical Malpractice Deaths– Medical malpractice statistics are difficult to
substantiate, but various sources indicate between 100,000 and 200,000 deaths
occur each year because of medical errors.

Unsafe Premises– The CDC reports that falls are one of the leading causes of
death in our country, especially in adults aged 65 and older. In 2010, about
21,700 older adults died from unintentional fall injuries. Falls are also the
most common cause of traumatic brain injuries, as well as cervical spine
injuries, and thoracic spine injuries.

Workplace Deaths — According to Oregon OSHA and the US Bureau of Labor
Statistics, Oregon 2011 workplace accidents amounted to 49,400 non-fatal
occupational injuries and 58 fatal injuries. Accidental deaths are generally the
result of exposure to toxic chemical exposure, defective machine operation,
electrocution, and falls.

Traumatic Brain Injuries – The CDC estimates about 1.7 million people sustain a
traumatic brain injury (“TBI”) annually, generating 52,000 annual accident
deaths. TBI is a contributing factor to approximately 1/3rd of all
injury-related U.S. accidental deaths.

Criminal Acts– In Oregon, crimes that constitute wrongful death include
aggravated murder, murder, manslaughter, criminally negligent homicide, and
vehicular homicide. In 2012, Oregon murder and negligent homicide rates
increased by approximately 15%.


WRONGFUL DEATH CASE EXAMPLES:

Wrongful Death Case Example 1: A $505,000 wrongful death settlement was reached
in a Portland accidental death case, which involved horrible first-degree burn
injury from a negligently caused house fire. The decedent survived for a number
of weeks before he ultimately died from his burn injury. An out of court
settlement was obtained for the homeowner’s insurance policy maximum limit for
the negligent accident death.

Accident Death Case Example 2: A $400,000 accident death settlement was reached
in this Beaverton drunk driving case, with the drunk driver’s insurance company.
We also filed a liquor liability lawsuit against the tavern that served alcohol
to the drunk driver while he was visibly intoxicated. Unfortunately, the tavern
had illegally let its liability insurance lapse. The bar and its owners
eventually filed bankruptcy.

Wrongful Death Case Example 3: Oregon Wrongful Death Attorney, Travis Mayor,
obtained a wrongful death settlement from the homeowner’s insurance company of
the defendant. This tragic wrongful death case occurred in The Dalles, Wasco
County, Oregon where a psychologically troubled person shot and killed his
neighbors, a mother, and her adult son. The case settled for the defendant’s
insurance policy limit of $100,000 shortly after filing the lawsuit. The
defendant, who was incarcerated and being prosecuted by the State of Oregon, had
no other assets.

Accidental Death Case Example 4: Portland Wrongful Death Attorney, Travis Mayor,
settled this wrongful death case prior to litigation. This case arose in Bend,
Oregon, where hospital staff at a local hospital negligently turned off the
valve on the patient’s tracheotomy causing his accidental death. The elderly
patient had been hospitalized after he was paralyzed in a serious motor vehicle
accident prior to the negligent act. The case settled for $400,000.


LOS ANGELES WRONGFUL DEATH LAWYER

Wrongful death occurs almost daily in Los Angeles. Negligent drivers, dangerous
workplaces, defective products, and careless property owners could all cause
preventable fatal accidents. If you recently lost someone close to you in any
type of accident, from a car accident to medical malpractice, speak with a
compassionate Los Angeles wrongful death lawyer at Rose, Klein & Marias LLP for
assistance during this difficult time. We offer compassionate legal
representation and free wrongful death case evaluations at our local Los Angeles
law office, as well as at nine other offices throughout Southern California at
your convenience. Someone could owe your family significant financial
compensation.

Wrongful death is a type of tort claim that allows surviving family members to
seek financial compensation for the death of a loved one. If any type of tort,
or wrongdoing, is to blame for the injury that ultimately proved fatal for a
victim, the person responsible for the tort will have to pay damages. In
California, the legal definition of a wrongful death action is a legal claim
that arises when someone dies as a result of another person or entity’s wrongful
act or negligence. Filing a wrongful death lawsuit in Los Angeles could
reimburse your family for economic damages and related losses, including burial
and funeral expenses, as well as bring the at-fault party to justice. A wrongful
death claim is not a murder or homicide trial. It is not a criminal case at all.
Instead, it is a claim brought to the civil courts in California. It seeks to
hold a defendant civilly, not criminally, liable for someone’s death. Your
family may have grounds to file a wrongful death lawsuit whether the at-fault
person committed a crime or not. After intentional misconduct or a crime, such
as homicide, your family could file a civil wrongful death claim at the same
time as an ongoing criminal trial against the defendant. Your family may also
have grounds for a wrongful death suit for an unintentional tort, such as
accidental negligence.


SURVIVAL ACTIONS 

During conversations with a Los Angeles wrongful death lawyer about a potential
claim, you may also hear the phrase survival action. A survival action is a
different type of legal action you may be able to take after the death of a
loved one in California. It also claims damages for a defendant’s negligence or
recklessness. The difference is that a survival action specifically seeks
reparations for the pain, suffering and losses of the deceased person
(decedent), rather than the losses of the family. A survival action is something
an attorney can bring on behalf of the decedent’s estate. It is a claim the
deceased person likely would have been able to bring had he or she survived the
injury. It holds the defendant responsible for the decedent’s pain and suffering
from the date of the accident to the date of death. Pain and suffering in a
survival action can refer to physical pain, mental anguish, emotional distress
and the fear of imminent death. The value of a survival action in California
will depend on the severity of the decedent’s suffering.


HOW CAN A LOS ANGELES WRONGFUL DEATH ATTORNEY HELP?

Wrongful death is the most devastating possible outcome of someone else’s
negligence in Los Angeles. At our law firm, we do not believe families should
have to accept wrongful death without a fight. Your family deserves justice,
answers, closure, and compensation if another person negligently or recklessly
caused a loved one’s death. Hiring a Los Angeles personal injury
attorney experienced in wrongful death cases can give you the ability to go up
against one or more at-fault parties after a fatal accident. Your lawyer can
handle the complicated legal aspects of your case while your family grieves and
tries to heal:

 * Investigating the accident
 * Collecting evidence or proof of negligence
 * Determining the defendant(s)
 * Obtaining the decedent’s medical records
 * Dealing with confusing claim documents
 * Proving the victim’s and family’s losses
 * Building a case against the defendant(s)
 * Demanding maximum compensation from insurance companies
 * Taking the claim to trial in LA County, if necessary

A Los Angeles wrongful death attorney will understand the legal processes behind
bringing this type of claim in California. Your lawyer can help you successfully
navigate these processes during this difficult time. Your lawyer will know the
true value of your wrongful death suit. He or she can obtain more for your
devastating loss than you could receive alone from an insurance company. In
addition to moral support and financial support professional legal services will
also provide much-needed support for you personally and emotionally. Ultimately,
hiring an attorney can save your family time, money, and a great deal of stress.



TYPES OF WRONGFUL DEATH CLAIMS WE HANDLE

On the search for the perfect wrongful death lawyer in Los Angeles, look for one
with experience handling the type of accident that took your loved one’s life.
Real, hands-on practice area experience is crucial to the success of your case.
Ask a prospective attorney for a list of his or her practice areas. At the law
firm of Rose, Klein & Marias LLP, we have spent years representing clients
during different types of wrongful death claims. We can help you learn your
legal rights after any type of fatal accident in Los Angeles, CA:

 * Abuse or neglect
 * Accidental poisoning
 * Car accidents
 * Construction accidents
 * Criminal activity
 * Dangerous property accidents
 * Defective products
 * Drowning
 * Fatal workplace accidents
 * Medical negligence or medical malpractice
 * Mesothelioma/asbestos exposure
 * Motorcycle accidents
 * Product liability
 * Truck accidents

After any circumstance that results in the devastating loss of a loved one,
contact our wrongful death lawyers for a free consultation to discuss your
personal injury case and learn your legal options. We may be able to help you
hold one or more parties in Los Angeles accountable. Our personal injury
attorneys are committed to rooting out negligence in our community – especially
negligence that kills. Filing a wrongful death claim and/or survival action
could protect others in LA by forcing negligent parties to take responsibility
for their actions. It could also help your family move forward with invaluable
financial stability.


PROVING A WRONGFUL DEATH CLAIM IN CALIFORNIA

Before you can recover any compensation for a loved one’s death, you or your
attorney will have to prove that wrongful death occurred. In general, proving a
wrongful death claim takes evidence that someone was negligent and that this
caused your loved one’s fatal injury. You will not need to prove that the
defendant tried to kill your loved one, or even that he or she meant to injure
your loved one. Instead, the burden of proof is based on the legal theory of
negligence. Negligence is made up of four main elements your experienced
wrongful death attorney must prove to be more likely true than not true.

 1. Duty of care owed. The defendant had to have owed your loved one a duty to
    exercise reasonable care. The specific responsibilities owed to the victim
    will depend on his or her relationship to the defendant. A friend giving
    medical advice, for instance, will have different duties of care than a
    licensed physician or medical professional.
 2. Duty of care breached or violated. There must be proof of the defendant’s
    breach of his or her duty of care. A breach can refer to any action or
    omission that falls outside of the defendant’s duty of care. If another
    person would have done something differently, the defendant may be guilty of
    a breach of duty.
 3. Accident or injury caused. The defendant’s misconduct or carelessness must
    be the actual cause of your loved one’s critical injury. Your lawyer will
    need to prove that your loved one’s death more likely than not would not
    have occurred had the defendant obeyed his or her duties of care.
 4. Damages incurred. Finally, your family will need proof that the defendant’s
    negligence gave you compensable losses. Your lawyer can help you list the
    damages that accompanied your loved one’s death, such as medical bills,
    property damages, lost wages, funeral expenses and mental anguish.

Essentially, if the defendant acted in a manner that a reasonable person in the
same situation would not have, the defendant will be liable for your loved one’s
wrongful death. Working with a Los Angeles wrongful death lawyer from Rose,
Klein & Marias LLP can make it easier for your family to prove negligence and
fulfill the burden of proof in California. As a surviving family member, your
lawyer can explain the defendant’s duty of care toward your loved one, collect
evidence of wrongdoing, and demonstrate causation to a judge or jury. We have
the experience and resources you need for a strong wrongful death claim in Los
Angeles.


WHO CAN FILE A WRONGFUL DEATH CLAIM IN CALIFORNIA?

In California, specific laws restrict who has the legal right to file a wrongful
death claim. If you are not a qualifying party or the representative of the
estate, unfortunately, you may not have the opportunity to seek wrongful death
damages. Only certain relatives of the deceased person may file wrongful death
lawsuits under California Code of Civil Procedure 377.60:

 * A surviving spouse or domestic partner
 * Surviving children
 * Anyone entitled to the property by intestate succession
 * Putative spouse
 * Children of a putative spouse
 * Stepchildren or minor children
 * Parents

This is the general order in which surviving family members have the right to
bring wrongful death claims. Putative spouses and those below them on the list
will only be able to bring claims if they can show they were financially
dependent on the decedent. Someone may file a claim through intestate succession
only if no surviving person exists within the decedent’s direct line of descent.


CALIFORNIA WRONGFUL DEATH STATUTE OF LIMITATIONS

Yes, there is a deadline for filing a wrongful death lawsuit in California. This
deadline comes in the form of a law in California called a statute of
limitations. A statute of limitations keeps wrongful death claims just for both
parties by encouraging the plaintiff to file within a reasonable amount of time.
Different statutes of limitations apply to different cases. In most cases under
California law, the plaintiff will have two years from the date of a loved one’s
death to file a claim. The two-year deadline may or may not come with a
discovery rule exception. The discovery rule states that if a plaintiff does not
discover his or her injuries until a date later than that of the accident, he or
she will have until the date of discovery before the clock starts ticking. In a
wrongful death claim, the discovery rule may toll the deadline until two years
from the date that surviving loved ones discovered – or should have discovered
through reasonable diligence – the cause of death. If your family did not
recognize the cause of death until later, therefore, you may have longer to file
your claim. Deadlines for some wrongful death cases are longer or shorter than
two years based on the circumstances. In medical malpractice cases or if you are
filing a claim against the government in California, for example, you will have
less time to act. It is important to take prompt legal action after a wrongful
death in your family. If you miss your statute of limitations, you may be
ineligible to receive any compensation for your loved one’s death, even if your
lawyer can prove negligence. The defendant may use your missed deadline as a
defense against his or her liability for the fatal accident. Speak to a Los
Angeles wrongful death lawyer right away to avoid missing a deadline.





COMPENSATION FOR WRONGFUL DEATH IN CALIFORNIA

The goal of a wrongful death lawsuit is to seek compensation for a survivor’s
past and future losses. These are losses survivors might have suffered
financially, emotionally, and mentally. The types of damages available in
California for a wrongful death claim can be both economic and noneconomic.
Economic damages, or monetary damages, are financial losses, such as the
family’s out-of-pocket expenses and future income or even lost household
services. Noneconomic damages are intangible losses, such as pain and suffering
as a result of the victim’s death. Punitive damages can be awarded if the
defendant engaged in a particularly reckless manner resulting in the deceased
person’s death. Punitive damages are intended to punish the defendant and to
deter similar egregious behavior in the future. A successful wrongful death
claim in Los Angeles could end in financial compensation for both noneconomic
and economic losses such as funeral and burial expenses, mental anguish, medical
expenses, property repairs, loss of consortium, the deceased person’s pain and
suffering, and more. Find out the potential value of your case during a free
evaluation with a dedicated wrongful death lawyer in Los Angeles. While we know
a compensation award will not make up for the devastating loss of someone close
to you, we hope it can provide a future of better financial stability for your
family.


SPEAK TO A WRONGFUL DEATH LAWYER IN LOS ANGELES TODAY

At Rose, Klein & Marias LLP, we are passionate about helping people in Los
Angeles who have experienced deaths in the family. We recognize most fatal
accidents on the road, at work, or on someone else’s property are preventable.
It is our mission to shed light on deadly negligence and potentially prevent
future such accidents in the future. If you experienced an unexpected death of a
family member, begin your wrongful death claim with a free consultation with one
of our Los Angeles wrongful death attorneys. Call our local law firm at (213)
626-0571 to schedule yours.


UNDEFEATED HOUSTON WRONGFUL DEATH LAWYERS


HOUSTON WRONGFUL DEATH LAWYERS WITH THE LARGEST WINS IN HISTORY

Our Undefeated Texas Wrongful Death Lawyers have won billions and repeatedly
recovered the largest wrongful death verdicts and settlements in history for
family members of wrongful death victims across Texas, Louisiana, New Mexico,
and the United States.

We’ve successfully represented hundreds of families whose loved ones were
tragically killed in connection with some of the most catastrophic accidents in
history, including oilfield accidents, plant and refinery accidents, workplace
accidents, product liability cases, chemical plant accidents, truck accidents,
and motor vehicle accidents.

While nothing makes up for the loss of a loved one, a wrongful death lawsuit is
the only way to ensure that the negligent parties are held accountable, that
others aren’t killed from the same dangerous conduct in the future, and that you
and your family have the financial resources to care and provide for yourselves
(and each other) in your loved one’s absence.


WE ENSURE THAT OUR CLIENTS ARE ABLE TO PROVIDE FOR THEMSELVES AND THEIR FAMILIES
FOR THE REST OF THEIR LIVES

Every wrongful death case is unique, but our goals are always the same:

1. Hold the negligent and reckless parties fully accountable

2. Provide our clients and their families with the financial resources to care
and provide for themselves for the rest of their lives

3. Prevent the dangerous conduct from occurring again in the future

Not only do we consistently achieve these goals, but we also set records for our
clients while doing so.


BILLIONS WON AND THE #1 LARGEST WRONGFUL DEATH RECOVERIES IN TX

In the past 5 years alone, our Houston Wrongful Death Lawyers have:

 * won Billions for families whose loved ones were tragically killed in
   oilfield, plant and refinery explosions, truck accidents, and the most
   catastrophic workplace accidents in history, and
 * consistently recovered the #1 Largest Verdicts and Settlements in Texas for
   wrongful death victims, including—most recently—the #1 Largest Accident
   Settlement in Texas on behalf of a client whose wife was tragically killed
   in a head-on collision with a commercial truck.


CONTACT OUR HOUSTON WRONGFUL DEATH LAWYERS FOR A FREE CONSULT AT 1-888-589-4680
OR BY CLICKING HERE


WHAT IS A WRONGFUL DEATH LAWSUIT?

Wrongful death lawsuits allow surviving family members to hold the negligent
defendants legally responsible and financially accountable by providing the
decedent’s family and estate with the financial resources to care for themselves
and their family members in their loved one’s absence.


WHO CAN FILE A WRONGFUL DEATH LAWSUIT AND WHAT IS THE DEADLINE FOR FILING IT?

In most states, like Texas, the surviving spouse, children, and parents are
permitted to file wrongful death claims on behalf of a deceased family member.

If the decedent didn’t have children or wasn’t married at the time of death, the
wrongful death lawsuit can be filed by the decedent’s parents or by the estate
itself, through the Executor or Administrator.

If you don’t have an estate created, which is required to pursue and recover
survival or “pre-death” damages, our team of probate lawyers will create the
estate and, if you agree, seek to have you appointed as the “administrator” of
the estate.


WHAT DAMAGES ARE AVAILABLE IN WRONGFUL DEATH CASES?

When a spouse, parent, or other family member is tragically killed, the
decedent’s family is left with unbearable grief and, often times, piling
expenses with little or no income to pay them.  This is especially true when the
decedent was the household’s primary wage earner, and his or her salary was used
to pay the mortgage, car notes, health insurance premiums, groceries, tuition
bills, and other living expenses.

A monetary recovery may seem inconsequential and of little consolation, but,
unfortunately, the bills continue even in your loved one’s absence and can add
tremendous stress to what’s already the most difficult time of your life.

A wrongful death suit is the only way families can hold at-fault parties
accountable for their loved one’s death and ensure that they’re able to move
forward, financially, in their loved one’s absence.

Under Texas law, families of wrongful death victims are entitled to
recover “economic” and “non economic” damages, which include the following:

 * Loss of past and future income (economic)
 * Loss of past and future household services and assistance (economic)
 * Loss of society, companionship, and consortium (non-economic)
 * Loss of inheritance (economic)
 * Mental anguish and emotional distress suffered by family members
   (non-economic)
 * Pre-death pain and suffering (non-economic)


PUNITIVE DAMAGES ARE OFTEN AVAILABLE TO PUNISH THE NEGLIGENT PARTIES

In cases involving “grossly” negligent conduct, the family is also entitled to
recover punitive damages, which are designed to punish the wrongdoer and prevent
them from putting others at harm with the same dangerous conduct in the future.

While most lawyers have and will never recover them, our wrongful death lawyers
have consistently recovered punitive damages in EVERY major case we’ve taken to
trial. Visit our law office in Houston to get started with your case today.


WHAT IS A SURVIVAL CLAIM AND HOW IS IT DIFFERENT FROM A WRONGFUL DEATH CLAIM?

The purpose of a wrongful death lawsuit is to hold the negligent person or
company accountable, prevent the same dangerous conduct from injuring or killing
others in the future, and to compensate the surviving family members for the
emotional suffering and financial losses they’ve experienced as a result of
their loved one’s death.

A survival action, on the other hand, is different.

Survival claims are filed by the surviving family members to recover damages for
any pain and suffering the DECEDENT suffered in the minutes, hours, or days
leading up to his or her death.

These pre-death suffering damages are designed to compensate for the decedent’s
pain, fear, and suffering experienced in the last minutes of life.


SURVIVAL DAMAGES BELONG TO THE ESTATE AND ARE DIVIDED BETWEEN LIVING FAMILY
MEMBERS

Unlike the damages in a wrongful death case, the damages recovered through a
survival claim belong exclusively to the decedent’s estate and are divided up
among living family members.

When there is evidence that the decedent suffered and experienced pain before
they passed away, our lawyers will always file a wrongful death AND survival
claim to ensure that the surviving family members receive the absolute maximum
compensation available for their losses and the decedent’s pre-death suffering.


CONTACT OUR UNDEFEATED HOUSTON WRONGFUL DEATH LAWYERS FOR A FREE CONSULT AT
1-888-589-4680 OR BY CLICKING HERE

With Billions Won and the #1 Largest Verdicts and Settlements in History, our
Wrongful Death Attorneys have consistently proven that we don’t just win for
families of wrongful death victims – We Set Records.

If your loved one was tragically killed due to someone else’s recklessness,
carelessness, or negligence, call our Undefeated Houston Wrongful Death Lawyers
at 1-888-589-4680, use the chat form on our website, or send us a confidential
email through our Contact Form by clicking here.

Our Undefeated Wrongful Death Lawyers will answer your questions, explain all of
your rights and options, and provide you with the information you need to decide
what’s best for you and your family.

All consultations are free, and you won’t pay us a dime unless we win your case.


TEXAS WRONGFUL DEATH FAQS

How Long Do I Have to File a Wrongful Death Lawsuit In Texas?

In Texas, the statute of limitations for wrongful death is two years. This means
that you have two years after the date of your loved one’s passing (not the date
when they sustained their injury) to file your wrongful death lawsuit. However,
if you are contemplating a lawsuit, you should not wait to consult with an
experienced wrongful death attorney. If you wait, evidence critical to proving
your claims could be lost or destroyed long before the statute of limitations
expires.

What is the Time Limit for Filing a Texas Survival Claim?

The statute of limitations for filing survival claims in Texas is also two
years. However, the clock starts ticking on the day your loved one was injured
or the date their injury was discovered, not the day they died. Again, if you
are considering bringing a survival claim, consult an experienced lawyer as soon
as possible.

Can I File Both a Wrongful Death Lawsuit and a Survival Claim?

Yes. In fact, Texas wrongful death lawsuits and survival claims are often filed
at the same time. The wrongful death claim would seek compensation for you and
your family’s personal losses, while the survival action seeks restitution for
the losses incurred and the conscious pain and suffering experienced by your
loved one prior to death.

Can I Recover Punitive Damages in a Wrongful Death Lawsuit or Survival Claim?

Texas allows for the recovery of exemplary damages (aka punitive damages) in
both wrongful death lawsuits and survival claims when death results from
misconduct or gross negligence. Exemplary damages are intended to punish the
defendant for their wrongful conduct and deter others from engaging in similar
acts in the future.

Can Extended Family File a Wrongful Death Lawsuit or Survival Claim In Texas?

Only immediate family – spouse, children, or parents – can file a wrongful death
lawsuit in Texas. All other family members, including siblings, divorced
spouses, and grandchildren, are barred from doing so.

A survival claim, on the other hand, must be filed by the executor,
administrator, or legal representative of the estate. If a will exists, the
person named as executor or administrator must file the claim, whether they’re
the decedent’s spouse, a member of the extended family, or even a close friend.
The decedent’s living heir can file a survival claim when there is no will. In
the absence of both a will and living heir, a member of the extended family or a
representative appointed by the court is permitted to file a survival claim.

What are the Elements of a Texas Wrongful Death Lawsuit?

To file a successful wrongful death lawsuit in Texas, you must prove the four
following elements:

 * Duty of Care: The defendant must have owed your loved one a duty of care. For
   example, the driver of an 18-wheeler owes others on the road a duty of care
   to drive in a safe manner and obey all traffic laws.
 * Breach of Duty: You must prove the defendant breached their duty of care. For
   example, a truck driver who was intoxicated while behind the wheel would
   violate their duty.
 * Causation: You must prove the breach of duty directly resulted in your loved
   one’s death. For example, the truck driver’s impairment caused them to lose
   control of their rig and crash into the decedent’s vehicle, causing their
   fatal injury.
 * Damages: You must be able to demonstrate the damages incurred by you and your
   family as a result of your loved one’s wrongful death.

What are the Elements of a Texas Survival Claim?

To successfully pursue a survival claim in Texas, you must demonstrate the
following elements:

 * As the plaintiff, you represent the decedent’s estate
 * The deceased had a personal injury cause of action
 * The deceased would have been able to sue for personal injury if they had
   lived
 * The defendant’s wrongful act caused the victim’s injury.




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