Under what circumstances can a wrongful death occur?
Wrongful Death Law provides financial compensation to the family of a person whose death was caused by the negligent, willful or wrongful act of another. Wrongful death cases are filed as a result of a variety of situations, including:
- Medical malpractice resulting in a patient's death
- Neglect or abuse on the part of a nursing home that results in a patient's death
- Automobile, bus, train, airplane or other common carrier fatality accident
- Occupational exposure to hazardous conditions or substances (exposure to asbestos, etc.) resulting in death
- Death during a supervised activity (sports tournament, field trip, etc.)
The San Francisco, California wrongful death lawyers of Mary Alexander & Associates understand what it is like to lose a loved one and can help you through the legal matters that arise following a wrongful death.
Who can file a wrongful death lawsuit?
A wrongful death case alleges that the decedent was killed as a result of the negligence of the defendant, and that the decedent's immediate family members (often called "distributees") are entitled to monetary damages as a result of the defendant's conduct. The most common distributees are surviving spouses and children, and sometimes parents.
Pecuniary (financial) injury is the main way damages in wrongful death cases are computed. Courts interpret "pecuniary injuries" as including the loss of support, services, lost prospect of inheritance and medical and funeral expenses. Punitive damages may also be awarded in cases of serious or malicious wrongdoing to punish the wrongdoer, and/or deter others from behaving similarly.
If you are considering whether you should file a lawsuit after a wrongful death has occurred, call the San Francisco, California wrongful death lawyers of Mary Alexander & Associates today for consultation and advice.
What is a wrongful death – and why can I bring a lawsuit?
When one person’s death is caused – even partially – by another person’s conduct, it may be considered a wrongful death. There doesn’t have to be an intention to kill the victim, so long as the defendant was negligent in their action – or actions – or strictly liable for the death (a legal doctrine invoked under certain circumstances, when the mere fact that the death occurred makes the defendant liable, with no finding of fault necessary). Medical malpractice, vehicle accidents, criminal attacks, and work-related accidents – among many other incidents – can all lead to wrongful death claims.
The legal system allows wrongful death suits for the same reason it allows other personal injury cases: to compensate victims – or, in this case, their surviving family members – for the financial and emotional loss they have suffered because of the wrongful actions of another.
Typically, it is the victim’s immediate family – spouse, children, and sometimes parents and sibling
Typically, it is the victim’s immediate family – spouse, children, and sometimes parents and siblings – who can file a wrongful death suit.
Is a wrongful death suit allowed if a criminal case was filed?
Yes. The two actions – criminal and civil suits – are not mutually exclusive, and a wrongful death suit can be brought whether or not a criminal case has been prosecuted. Indeed, because a wrongful death suit typically has a lower burden of proof – a “preponderance of the evidence” rather than “beyond a reasonable doubt” – it can often succeed even when its related criminal case has failed (this is what happened, for example, in the O.J. Simpson case). For that reason, a loss in criminal court should never discourage families from seeking redress – and accountability – in civil court. They may still have a perfectly good case.
What kind of damages can I recover in a wrongful death case?
When calculating damages in a wrongful death case, a court will look at various types of loss the victim’s family has suffered. These typically include: loss of support and companionship; lost future wages and lost future benefits (such as pensions and inheritance); medical and funeral expenses; and emotional pain and suffering. Punitive damages – special damages intended to punish defendants in particularly egregious cases and deter others from similar behavior – may also be available.
Why is it important to work with a lawyer who specializes in wrongful death cases?
A wrongful death case can be a particularly complex lawsuit. Not only does the lawyer need to show what happened – something that isn’t always a simple thing to do, especially when the death resulted from medical malpractice, a defective product, or a vehicle accident – but that the defendant was negligent. Compounding matters: The defendant will almost certainly turn to his or her insurance company to litigate the case, and insurance companies have the experiences, resources, and battle-honed strategies to put up a good fight – indeed, too good for lawyers who haven’t gone up against them on a regular basis. At Mary Alexander & Associates, we have more than a quarter century litigating wrongful death and other negligence cases. We know the tactics, strategies, and, most of all, we know how to win, getting our clients the answers – and accountability – they deserve.
How will I pay for your time and expenses?
At Mary Alexander & Associates, we handle wrongful death cases on a contingent-fee basis. In short, that means the risk is all ours: You pay us only if we are able to obtain a recovery for you, either via a jury award or a settlement. If we are unable to recover an award or settlement, you pay us nothing. Expenses work the same way. We pay all costs of the litigation and get reimbursed only if we successfully conclude the case. It may be your lawsuit, but it’s always our risk. That’s why you can be assured that if we take your case it’s because we fully intend to win it.
