Riverside Wrongful Death Lawyer
There’s nothing worse than losing a loved one, but losing a beloved family member due to medical malpractice can be especially devastating. Knowing that there might have been something else that the doctors could have done is devastating and painful, and you deserve to be compensated fairly for your loss. If you believe you have a wrongful death claim due to medical malpractice, call Dr. Bruce Fagel today at 800-541-9376 for a free consultation.
Why Hire Dr. Fagel
Dr. Bruce Fagel is an attorney and a licensed physician in the state of California. He represents plaintiffs in medical malpractice and negligence cases against doctors and hospitals exclusively on behalf of injured or deceased patients. Additionally, Dr. Fagel has recovered more than 1.4 billion dollars in claims for his clients, and he never takes any fees at all unless he wins or settles your case.
When The National Law Journal selected “The 10 Top Trial Attorneys in the Nation,” Dr. Fagel was the only medical malpractice attorney on the list. If you believe you have a wrongful death claim, don’t hesitate to reach out to our office for help.
What Is Wrongful Death
Wrongful death due to medical malpractice occurs when a medical professional causes the death of a patient due to neglect or wrongful acts. To prove a wrongful death claim, your lawyer will have to show the following:
- The medical professional had a duty of care;
- They breached that duty;
- The breach caused the death; AND
- The death resulted in a loss to the claimant(s)
Who Can File A Lawsuit?
In a wrongful death suit, the heirs of the decedent are permitted to file a claim. This might include the decedent’s surviving spouse, partner, or children. If the decedent’s children are not living, the decedent’s grandchildren will likely be permitted to file a claim. Additionally, other minor children, such as step-children, who were dependent on the decedent for at least 50 percent of their financial support, are permitted to file the lawsuit. Any other person who would be entitled to the decedent’s property under California’s laws on intestate succession also has standing to bring a case.
Wrongful Death Damages
When a wrongful death claim is filed and it is alleged that the death is a result of medical malpractice, there is no cap on non-economic damages, such as loss companionship, protection, affection, moral support, training, and guidance. For economic damages, a claimant won’t be permitted to recover more than $250,000. It’s interesting and unfortunate to note that this cap hasn’t been increased in almost 40 years. Consequently, there has been no adjustment to the cap for inflation or cost of living.
Generally speaking, punitive damages cannot be awarded for a wrongful death claim when it is due to medical malpractice. The only way to claim punitive damages in a case like this is to file what’s called a survival cause of action.
Call Attorney Dr. Bruce Fagel Today
When you hire Dr. Bruce Fagel, you’re getting two for one: an attorney and a doctor. As a licensed physician in California, Dr. Fagel is well versed in the intricacies involved in all types of medical malpractice suits, especially wrongful death claims. Dr. Fagel wants to help his community as best as he can. Call the office today at 800-541-9376 for a free consultation. Se habla español.