Los Angeles Wrongful Death Lawyer

The death of a loved one is devastating, but it can feel even more devastating when it occurs due to the negligence, or carelessness, of a medical professional. According to California law, when a medical professional causes the death of a patient due to neglect or wrongful acts, wrongful death due to medical malpractice has occurred.

Parties that are eligible to file a wrongful death lawsuit include the decedent’s surviving spouse, a domestic partner, or their children, most often referred to as the decedent’s heirs. Losing a loved one is likely one of the most challenging days of your life, and the months that follow aren’t going to be easy either. If you need help with a wrongful death claim, don’t hesitate to reach out to Dr. Bruce Fagel. Call the office today at 800-541-9376 for a free consultation. He will handle every detail of your case and do everything possible to get you the compensation you deserve.

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Why Dr. Bruce Fagel

You’ll be making a great choice if you hire Dr. Bruce Fagel for a wrongful death that occurred due to medical malpractice. His experience as a doctor gives him an incredibly unique perspective when it comes to medical malpractice and wrongful death cases. He knows exactly what to do and will try to make this difficult time as easy for you as possible.

One of the first things he’ll do is look for evidence in medical records that ties the doctor’s or nurse’s actions directly to the cause of death based upon an autopsy report. This is one of the ways he will prove that a medical professional’s negligence caused the death. Dr. Bruce Fagel also has an abundance of resources available to him, including highly qualified associates and other support staff, so all the necessary research will be done without fail. If the loss of your loved one involved a fatal birth injury, Dr. Fagel is also an experienced birth injury attorney and is prepared to help your case.

What is Wrongful Death in California?

In California, a wrongful death occurs when someone dies as a result of another party’s negligence, recklessness, or intentional actions. This can happen in a wide range of circumstances, including car accidents, unsafe work conditions, or substandard medical care. Under California law, surviving family members have the right to pursue compensation when a wrongful death has caused them emotional and financial loss.

Wrongful death claims are about more than just compensation. They can also help hold negligent parties accountable, improve safety practices, and give families the closure they need to begin healing.

If you believe your loved one’s death could have been prevented, don’t wait. Call Dr. Bruce Fagel at (800) 541-9376 for a free consultation to learn your legal rights.

Who Can File a Wrongful Death Suit in California?

The California Code of Civil Procedure outlines who may bring a wrongful death claim. Eligible parties typically include:

  • The surviving spouse or registered domestic partner
  • The decedent’s children
  • If there are no surviving children, anyone entitled to the decedent’s property by intestate succession (such as parents or siblings)
  • Putative spouses, stepchildren, or parents who were financially dependent on the deceased may also have standing in some cases

Each situation is unique, and it’s important to speak with an attorney to determine your eligibility. Call The Law Office of Dr. Bruce G. Fagel & Associates at (800) 541-9376 or fill out our online form for a free, no-obligation consultation today.

Common Types of Wrongful Death Cases

Wrongful death lawsuits can arise from a variety of incidents, not all of which are related to medical malpractice. Below are some of the most common causes:

Motor Vehicle Accidents

Auto collisions – including those involving cars, motorcycles, trucks, and pedestrians – are one of the leading causes of wrongful death in California. If a driver was speeding, distracted, under the influence, or otherwise negligent, they may be held liable for a resulting fatality.

Workplace Accidents

Employees in construction, manufacturing, and other high-risk jobs may face unsafe conditions due to employer negligence or defective equipment. When a workplace injury results in death, the surviving family members may be entitled to file a wrongful death lawsuit in addition to workers’ compensation benefits.

Medical Malpractice

When healthcare professionals fail to provide an appropriate standard of care, resulting in a fatal surgical error, medication mistake, or delayed diagnosis, the surviving family may pursue a wrongful death claim based on medical malpractice.

Wrongful Death Due to Medical Malpractice

Wrongful death due to medical malpractice is a particularly complex type of case that demands a deep understanding of both legal and medical standards. These claims often involve:

In these cases, proving that the medical provider’s breach of duty directly led to death is critical. Dr. Bruce Fagel’s unique qualifications as both a doctor and a lawyer make him exceptionally well-positioned to handle these complex claims. His medical background allows him to read and understand hospital records, autopsy reports, and diagnostic notes in a way that many attorneys cannot, giving you a distinct advantage in your case.

What You Have To Prove In A Wrongful Death Suit

To be successful in a wrongful death claim, your lawyer will have to prove the following:

  • The defendant owed a duty of care to the decedent;
  • The defendant breached that duty;
  • This breach led to the accident or injuries that caused the death; AND
  • The death resulted in losses to the claimant

What A Wrongful Death Lawyer Can Do For You

  • Review Your Case: Most attorneys will offer a free consultation where you can ask questions before deciding if you want to hire them or not. This is an excellent opportunity to learn about the attorney and their law firm and find out if they will be a good match for you.
  • Review The Autopsy Report: This is one of the most important aspects of a wrongful death claim. To prove that medical malpractice was the cause of death, an autopsy report is critical. Your lawyer will study the autopsy report and order an independent autopsy in some cases if necessary.
  • Speak To Experts: Expert witnesses play a huge role in wrongful death lawsuits. Your lawyer should have reliable and regular expert witnesses available to go over the reports and testify for you. Your attorney should also be able to find other expert witnesses if necessary.
  • Research: Your lawyer and their associates/support staff will do whatever legal and medical research is necessary to prepare for negotiations and trial.
  • Negotiations: The majority of lawsuits get settled out of court, so it’s crucial to hire an attorney who is well versed in negotiating. It’s also a good idea to hire someone well-respected by the judges and the other attorneys. It’s always beneficial when the defendant’s attorney takes your lawyer seriously and knows from prior experience that your lawyer isn’t afraid to go to trial.

What Damages Can I Recover in a Wrongful Death Suit?

In a wrongful death claim, the person filing the lawsuit can recover damages for several things. Some of the most common economic damages awarded include:

  • Burial And Funeral Expenses
  • Lost Income: Consists of the amount the decedent would have been expected to earn
  • Household Services: The court may award damages for the reasonable value of household services that the decedent would have been expected to provide.

Non-Economic Damages

Some of the most common non-economic damages that the court can award include loss of companionship, protection, affection, moral support, training, and guidance. There is no cap on the amount of non-economic damages that can be awarded. However, it’s important to note that the decedent’s heir cannot recover damages for sorrow, grief, or pain and suffering. Punitive damages are also not available for wrongful death lawsuits in California. Generally speaking, an heir will not be permitted to recover damages for any pain and suffering that the decedent experienced before their death.

California Statute of Limitations

An heir must file a wrongful death claim caused by medical malpractice within three years of the decedent’s death, within one year of discovering the medical malpractice, or one year from when the heir should have reasonably discovered the medical malpractice

In some circumstances, the statute of limitations will be extended. If the person bringing the claim can prove fraud, intentional concealment, or they discover that the medical worker left an object inside the decedent, the statute of limitations would likely be extended.

If the person filing the wrongful death suit is a minor, they must file within three years from the date of the wrongful act, unless the minor is under the age of six years old. If they are under the age of six, the suit must be filed within three years or before the child’s eighth birthday, whichever provides a longer window of time.

Los Angeles wrongful death attorney

A Los Angeles Wrongful Death Attorney Can Help

When you’re trying to find a lawyer to assist you with a wrongful death claim, it only makes sense to hire a lawyer who is also a doctor. Additionally, Dr. Bruce Fagel is a highly respected attorney, so the other lawyers and judges know that when he takes a case, he believes he will win. This makes it more likely that the defendant and their lawyer will be willing to negotiate and offer a reasonable settlement.

You can’t go wrong when you hire Dr. Bruce Fagel. He will stand by you every step of the way and you will never feel alone when you are dealing with such a difficult situation. Call a Los Angeles wrongful death attorney today at 800-541-9376 for a free consultation. We are here to help, and Dr. Bruce Fagel genuinely cares.