[Transcript]
We just settled a really important case for our clients. A woman and her three children were left without their husband and father because of medical malpractice at a large southern California hospital. Our client had gone into the hospital complaining of chest pain; he was discharged in less than 40 minutes with no tests run. Two days later, he went back to the hospital, and by this point, it was too late; he had suffered from flesh-eating bacteria, and the hospital failed to diagnose it. During the course of litigation, we were actually able to get the notes that the doctors entered but not just the notes, when those notes were put in by getting that information, we were able to see the doctors actually went into the file after a client had passed away and changed the notes to try to protect themselves. Without this extra work, we would have never been able to settle this case, and in fact, it's the case that three other law firms actually turned away at the very beginning. So we worked hard and were able to get a very good settlement for a client of a million dollars to take care of that wife and those three boys.
[End Transcript]
How Long Do You Have to File a Wrongful Death Lawsuit?
The law requires family members to file a lawsuit within two years after the death of their loved one. This time frame is counted from the date of the accident and not from the date of death. An experienced Costa Mesa personal injury attorney will be able to help you understand your rights and guide you through the wrongful death lawsuit of a child.
Nothing is going to bring your loved one back. While we wish we could turn back the clock and avoid the accident that led to your loved one’s death, we know that we cannot do that. Because of this, there is no perfect way to compensate you for the devastating loss that you have suffered.
Do You Have a Wrongful Death Case?
You may have a wrongful death case if you can prove:
- That the defendant owed your loved one a duty of care and breached that duty of care by failing to act as a reasonable person. Alternatively, your claim will be successful if you can prove that the defendant acted intentionally.
- That the defendant’s actions or inactions caused your loved one’s death. You must be able to prove that your loved one would not have died but for the actions or inactions of the defendant.
- Damages were caused by your loved one’s wrongful death. You must be able to prove exactly how your loved one’s death resulted in damages and the value of those damages.
Any time these elements are met a wrongful death case may be brought. For example, you may have a wrongful death claim if your loved one died because of a:
- Car accident
- Bus accident
- Truck or commercial vehicle accident
- Bicycle accident
- Motorcycle accident
- Boating accident
- Pedestrian accident
- Fall accident
- Nursing home abuse or elder abuse incident
- Construction accident
- Farming accident
- Premises liability or negligent security
- Product liability
- Industrial equipment accident
- Birth injury
- Brain injury
- Spinal cord injury
- Electrocution injury
Before you can recover damages, however, you need to make sure that you know how wrongful death cases work and that you comply with all of the required rules.
Let Us Help You Honor Your Loved One
We want to know all about your loved one and about what the loss has meant to you and your family. By understanding your loved one and your grief, we can effectively communicate your loss to the defendant and the court. We want to tell your story and get you the fair and just damages that you deserve.
Find out more about how we can help you by contacting us today for a free, no-obligation consultation. Contact us to learn more about us and your legal options so that you can make the decisions that are right for you and your family after the loss of a cherished loved one.