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.
- How to Prove Wrongful Death in Los Angeles
- Should You Hire a Lawyer?
- What Compensation Are You Entitled to?
- Time Limits in California Cases
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 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.
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.
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.