Fresno Wrongful Death Lawyer
Wrongful death cases are devastating and complex. When a doctor’s professional negligence leads to a person’s death, this is called wrongful death. Due to the intricacies in the law, it’s important to hire an experienced attorney who will work diligently to get you the compensation you deserve for your loss. Call 800-541-9376 today for a free consultation.
Hire A Lawyer Who Is Also A Doctor
If you need an attorney for a wrongful death claim related to medical malpractice, Dr. Fagel is an excellent choice. You need someone who can explain all of the nuanced medical and legal information to the judge and the jury, and there is no lawyer better at doing this than Dr. Fagel. In addition to being an accomplished, highly-respected attorney, Dr. Fagel is also a licensed physician in the state of California. He will investigate your case and keep you informed every step of the way. He will push the defendant’s attorney to settle the case, but if that isn’t possible, he will fight for you at trial.
Damages
In California, the court cannot award punitive damages in a medical malpractice wrongful death claim. The only way for a person to recover punitive damages is to file a survival cause of action.
Survival Cause of Action
California’s survival cause of action statute makes it permissible for personal representatives of a decedent’s estate to sue for any damages that the decedent could have sued for had he lived. While the purpose of a wrongful death suit is to compensate the decedent’s heirs, the purpose of a survival cause of action claim is to compensate the decedent’s estate for losses sustained by the decedent before his death. In many cases, the personal representative of a decedent’s estate will be a family member, but it does not have to be. Other times, the personal representative is a lawyer, an accountant, or a close family friend of the decedent.
A survival cause of action claim is used to recover losses that the decedent suffered after the medical malpractice occurred but before their death. Therefore, if the decedent’s death was immediate, it’s unlikely that a survival cause of action can be brought. However, whether the death was immediate or not has no bearing on family members bringing a wrongful death suit.
The most common types of damages awarded in a survival cause of action include medical bills, damage to the decedent’s property, and lost income from the time between the malpractice and the death. The estate is not permitted to recover damages based on the decedent’s pain and suffering before their death.
If the court determines that the decedent sustained some type of economic damages, even if they are very minimal, the court will be permitted to award punitive damages. Even if the court only finds a negligible amount of economic damages, the court could still award significant punitive damages.
Attorney Dr. Fagel Can Help You
When you hire Dr. Fagel, you are hiring a lawyer and a doctor at the same time. It’s the perfect combination. Dr. Fagel works on a contingency basis, so you won’t pay him anything until he wins in a trial or obtains a settlement on your behalf. Dr. Bruce Fagel has that special edge required to help you recover the compensation that you deserve. Call 800-541-9376 today for a free consultation. Put yourself in the right hands with Dr. Bruce Fagel.
