Sacramento Wrongful Death Lawyer
Losing a loved one is one of the worst feelings in the world. Medical errors are the third leading cause of death in the United States.
During this challenging time, it’s crucial to have an experienced yet empathetic attorney who can help you navigate this situation. If you need a Sacramento wrongful death attorney, call The Law Offices of Dr. Bruce G. Fagel & Associates today at 800-541-9376 for a free consultation.
Why You Need Attorney Bruce Fagel
Medical malpractice claims can be very confusing. Still, wrongful death claims due to medical malpractice add another layer to it. When a death occurs because of medical malpractice, the statutes of limitations can be tricky, and the deadlines can be challenging to determine.
The last thing you want is to be barred from recovering compensation because there was a failure to file your case on time. If you hire an experienced lawyer like Dr. Bruce Fagel, you can be certain that your lawsuit will be filed appropriately and timely and that all rules will be followed to make sure you have the best chance possible of winning the case.
How To Win A Wrongful Death Case in California
In order to be successful in a medical malpractice wrongful death claim, the claimant must prove that the doctor owed a duty to the patient, the doctor breached that duty, the patient passed away, and the death was caused by the breach.
Most wrongful death claims that result from medical malpractice are due to a doctor’s or hospital’s negligence. To show that a doctor was negligent, your attorney will need to prove a deviation from the standard of care that a reasonably prudent medical professional would have taken in the same or similar circumstances.
However, it is possible in some circumstances for a medical professional to be held liable for a wrongful death due to recklessness instead of negligence. For example, if your attorney can prove that a doctor decided to drink before work and then performed surgery while under the influence, it’s almost certainly going to be determined that the doctor’s actions were reckless.
How Does The Court Determine Lost Income?
Determining damages for the decedent’s lost income can be complicated because it’s impossible to accurately say how long someone would have lived. Therefore, California law has determined damages for loss of income in the following way:
You can recover damages for the decedent’s lost income for the shorter of the following:
- The decedent’s life expectancy at the time of the wrongful act, or
- The life expectancy of the plaintiff at the time of the wrongful act.
Life expectancy is a question of fact for the jury. They are told by the court to take into account all relevant factors, including health, lifestyle, and occupation.
Call a Sacramento Wrongful Death Attorney
Dr. Fagel has tried and won countless medical malpractice and wrongful death cases. Through his experience and expertise, he has obtained multi-million dollar jury verdicts in more than two dozen counties in California. He has litigated against most major medical malpractice defense firms in California and knows what it takes to get you the compensation you deserve. If you need a Sacramento wrongful death attorney, call the office of Dr. Bruce Fagel today at 800-541-9376 for a free consultation.