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Home » Attorney Blog » Wrongful Death

Wrongful Death

Posted on February 13, 2017October 27, 2019 by Editor

A wrongful death occurs when a person, company, or other entity acts negligently, carelessly, or recklessly to cause the death of a person.  A wrongful death claim must be filed by a representative on behalf of the survivors who suffer damage from the decedent’s death.  The representative is usually the executor of the decedent’s estate.

The Law Offices of Edward Misleh, APC is a law firm that practices civil litigation and clients in Northern California with services they need and deserve in their insurance claim.  Call now our Lawyer Hotline.      Call now 321-951-9164.

Wrongful Death

Wrongful Death is a claim against a person who can be held liable for a death.  The claim is brought in a civil action, usually by a representative survivor because the dead person cannot bring a suit.

Represented Survivors

Represented survivors, those who can file a wrongful death action for a deceased include:

  • Immediate family members:  spouses, children (including adopted), parents of unmarried children, financial dependents, and domestic or life partners.
  • Distant family members:  brothers, sisters, and grandparents, who suffer financially for lost care or support.

Causes of Wrongful Death

  • Defective Drugs:  pharmaceutical companies who fail to notify the FDA, physicians and consumers of dangerous defects or companies that knowingly hide serious side effects.
  • Defective Products:  failure by a manufacturer or company to notify others of a defect in a product.
  • Medical Malpractice:  doctors and hospitals medical mistakes and incorrect diagnoses.
  • Toxic Poisoning:  companies or employers who expose others to hazardous substances that result in illnesses and diseases;  including respiratory disease, blindness, hearing loss, mesothelioma and other types of cancer.
  • Accidents:  defective vehicles and negligent driving resulting in someone’s death.
  • Auto Accidents:  personal injuries causing death often from a driver convicted of driving under the influence.
  • SUV Accidents:  roll-overs resulting in death caused by a manufacturer’s defective product.
  • Van Accidents:  vehicles carrying a number of passengers are more likely to result in death from a roll-over.
  • Bus Accidents:  death from injuries involving tour bus operators who have worked extensive hours.
  • Boat Accidents:  watercraft injuries resulting in death from alcohol abuse, carelessness, reckless operation, excessive speed and operator inattention.
  • Drowning:  children who die in swimming pools, spas and Jacuzzis as a result of another party’s negligence or a manufacturing defect.
  • Slip and Fall:  injuries sustained while on another’s property that result in death.

Wrongful Death Recovery

The recovery from a negligent party, for the loss of a loved-one, can include the following:

  • Compensation for your pain and suffering.
  • Compensation for your loss of companionship.
  • Loss of decedent’s earnings.
  • Present and future financial losses.
  • Out of pocket expenses.
  • Reimbursement for medical payments.
  • Reimbursement for burial and funeral expenses.

Amount of Recovery

The amount of your recovery for a wrongful death action will depend on the following factors:

  • The age and physical condition of the decedent.
  • The health and life expectancy of the decedent.
  • The financial loss to dependent family members.
  • The relationship to other family members.

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For more information about personal injury claims, click on one of the following links:

California Wrongful Death Lawsuit

Products Liability

Jogging Injury

California Wrongful Death

Personal Injury Claim Value

Personal Injury Issues

Deadly Car Accident

Personal Injury Claim

Personal Injury Claim Tax

Pedestrian Injury

Car Accidents

Deadly Car Accident

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