Experienced Wrongful Death Attorney
What Is Wrongful Death?
Wrongful death is a legal term used to describe situations where someone dies due to another party’s negligence or intentional actions. This can happen in a variety of circumstances, such as car accidents, medical malpractice, workplace accidents, and more. In these situations, the surviving spouse or immediate family members may be entitled to compensation for their loss.
Hoybjerg’s Law Firm Process
While the legal action for each wrongful death lawsuit differs, Hoybjerg Law follows a proven legal process to achieve results.
Free Initial Consultation
Our free consultation will allow you to get to know our law firm, and we’ll listen to your concerns and answer your questions. Our philosophy is that if we don’t win, you don’t pay, and that’s reflected in our free consultation.
Investigate The Accident
We obtain relevant reports about the fatal accident itself, examine photos and videos from the scene where the accident happened, and speak to any witnesses. When we have established liability, we begin to build your wrongful death claim.
Build Your Claim
It’s important to seek us out as early as possible so that you can build your claim before the two-year statute of limitations to file a wrongful death claim from the date of the deceased person’s passing expires.
Negotiate A Settlement
We will send a demand package to the at-fault party’s insurance company. Paul Hoybjerg and his team will negotiate in your best interest to ensure you receive a fair offer.
Litigate Your Case
While we hope to settle, there are times when your auto accident claim must go to court. Our team will aggressively represent you and pursue an outcome in your best interest.
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Frequently Asked Questions About Wrongful Death Claims
Wrongful death claims can arise from a wide range of situations where someone’s death was caused by negligence, recklessness, or intentional actions of another party. Here are some examples of wrongful death lawsuits and claims:
- Car Accidents: When a driver’s negligence, such as drunk driving or distracted driving, causes a fatal car accident, the surviving family members may have a wrongful death claim.
- Medical Malpractice: When a healthcare professional fails to provide an adequate standard of care, resulting in the death of a patient, the surviving family members may be able to file a wrongful death claim.
- Workplace Accidents: When a worker dies as a result of unsafe working conditions or employer negligence, the surviving family members may have a wrongful death claim.
- Defective Products: When a product is defective and causes someone’s death, the surviving family members may have a wrongful death claim against the manufacturer or distributor.
- Criminal Acts: When someone is killed as a result of a criminal act, such as murder, the surviving family members may have a wrongful death claim in addition to any criminal charges that may be filed.
- Nursing Home Neglect: When a nursing home resident dies due to neglect, abuse, or mistreatment, the surviving family members may have a wrongful death claim against the facility.
These are just a few examples of situations that may give rise to a wrongful death claim. If you believe that your loved one’s wrongful death occurs or was caused by someone else’s negligence or wrongful actions, it is important to speak with a wrongful death lawyer who can evaluate your case and help you understand your legal options.
In California, the compensation available in a wrongful death settlement may include both economic and non-economic damages. These damages are intended to compensate the deceased person surviving family members for the losses they have suffered as a result of the death of their loved one.
The following are some of the damages that may be available in a wrongful death lawsuit settlement:
- Economic damages: These are quantifiable financial losses suffered by the surviving family members, such as medical expenses, funeral expenses, and loss of income or financial support, causing a financial burden.
- Non-economic damages: These are non-financial losses that cannot be easily quantified, such as the emotional pain and suffering of the surviving family members, loss of companionship and guidance, and loss of household services that the deceased provided.
- Punitive damages: In some cases, the court may award punitive damages to punish the responsible party for their reckless or intentional conduct and to deter others from engaging in similar conduct.
It’s important to note that the specific damages available in a wrongful death settlement can vary depending on the case’s specific facts and California’s laws. Additionally, the amount of compensation awarded in a wrongful death settlement can vary widely depending on the circumstances of the case. It’s always a good idea to consult with an experienced wrongful death attorney to determine the best course of action for your specific situation.
Proving wrongful death can be challenging, but it’s not impossible. In general, to prove wrongful death, you must demonstrate that another party’s negligence, recklessness, or intentional actions caused the person’s death.
To do this, you typically need to gather evidence that supports your claim, such as medical records, witness statements, accident reports, medical bills, and expert opinions. You may also need to prove that the defendant had a duty of care to the victim, that they breached that duty, and that this breach was the proximate cause of the victim’s death.
Additionally, you’ll need to demonstrate that you have standing to the wrongful death suit bring the wrongful death claim, which typically means that you are a close family member or personal representative of the deceased person’s estate.
Overall, proving a wrongful death lawsuit can be a complex and challenging process, but with the help of an experienced wrongful death attorney, you can increase your chances of success. An attorney can help you navigate the legal system, gather the necessary evidence, and build a strong case for wrongful death action on behalf of your loved one.
Types of Wrongful Death
Car and Motor Vehicle Accidents
Traffic Collisions: Fatalities resulting from crashes involving cars, trucks, motorcycles, or pedestrians, often due to negligence, distracted driving, or driving under the influence.
Medical Malpractice
Surgical Errors: Deaths caused by mistakes during surgeries, including wrong-site surgery, anesthesia errors, or post-surgical complications.
Misdiagnosis: Failure to diagnose or misdiagnosing a serious illness, leading to a patient’s death due to delayed treatment.
Medication Errors: Deaths resulting from improper prescriptions, drug interactions, or administering the wrong medication.
Workplace Accidents
Construction Accidents: Fatalities caused by falls, machinery accidents, or structural failures on construction sites.
Industrial Accidents: Deaths caused by exposure to toxic chemicals, faulty equipment, or lack of safety precautions in factories or manufacturing plants.
Workplace Violence: Fatal injuries resulting from assaults or violent incidents in the workplace.
Product Liability
Defective Products: Fatalities caused by malfunctioning or poorly designed consumer products, such as faulty vehicles, medical devices, or defective machinery.
Toxic Products: Deaths from exposure to hazardous materials, such as contaminated food, unsafe chemicals, or defective pharmaceuticals.
Truck and Commercial Vehicle Accidents
Truck Accidents: Fatalities resulting from accidents involving large trucks, often due to driver negligence, fatigue, or unsafe road conditions.
Bus Accidents: Deaths from collisions involving public or private buses, often due to driver errors or lack of vehicle maintenance.
Slip and Fall Accidents
Premises Liability: Fatal injuries caused by falls on unsafe property conditions, such as wet floors, icy walkways, or poorly maintained stairs in public or private spaces.
Pedestrian Accidents
Pedestrian Struck by Vehicles: Deaths resulting from pedestrians being hit by cars, trucks, or motorcycles, often due to driver negligence or failure to yield.
Bicycle and Motorcycle Accidents
Fatal Bicycle Crashes: Deaths caused by collisions between cyclists and motor vehicles or hazardous road conditions.
Motorcycle Accidents: Fatal injuries resulting from crashes involving motorcycles, often due to high-speed collisions or lack of protective gear.
Nursing Home Negligence
Elder Abuse: Deaths caused by neglect, physical abuse, or failure to provide adequate care in nursing homes or assisted living facilities.
Criminal Acts
Homicide or Murder: Deaths resulting from intentional acts of violence, including shootings, stabbings, or assaults.
Assault or Battery: Fatal injuries caused by physical violence, leading to wrongful death claims.
Drowning Accidents
Swimming Pool Accidents: Fatalities caused by drowning in public or private pools due to poor supervision, unsafe conditions, or faulty equipment.
Boating Accidents: Drownings caused by accidents involving boats or other watercraft.
Fire and Explosion Accidents
House Fires: Deaths resulting from residential fires, often due to faulty wiring, unsafe cooking practices, or arson.
Gas Explosions: Fatalities caused by gas leaks or explosions in homes, businesses, or industrial facilities.
Wrongful Death in Aviation Accidents
Plane Crashes: Fatalities resulting from aviation accidents, often due to pilot error, mechanical failure, or inadequate maintenance.
Defective or Dangerous Medical Devices
Malfunctioning Medical Equipment: Deaths caused by faulty or unsafe medical devices such as pacemakers, implants, or surgical instruments.
Animal Attacks
Dog Bites: Fatalities resulting from severe dog attacks, particularly by aggressive or poorly trained animals.
Hazardous or Toxic Exposure
Asbestos Exposure: Deaths caused by mesothelioma or lung cancer due to prolonged exposure to asbestos in the workplace or residential settings.
Chemical Exposure: Fatalities caused by prolonged exposure to toxic chemicals in industries, factories, or homes.
Common Causes of Wrongful Death
Distracted Driving: Accidents caused by drivers using phones, eating, or engaging in other distractions.
Driving Under the Influence (DUI): Accidents caused by drivers under the influence of alcohol or drugs.
Reckless or Speeding Driving: Fatal accidents resulting from drivers speeding or engaging in aggressive driving behavior.
Failure to Yield or Obey Traffic Laws: Deaths caused by failure to follow traffic signs, signals, or yielding to pedestriMedical Malpractice
Surgical Errors: Mistakes made during surgery, such as operating on the wrong site or leaving instruments inside the body.
Misdiagnosis or Delayed Diagnosis: Failure to properly diagnose a condition or delay in treatment, leading to death.
Medication Errors: Fatal outcomes due to wrong prescriptions, incorrect dosages, or adverse drug interactions.
Birth Injuries: Deaths occurring due to medical errors during childbirth, including improper use of forceps or failure to monitor the baby.
Construction Accidents: Fatal injuries on construction sites due to falls, equipment malfunctions, or exposure to hazardous materials.
Industrial Accidents: Deaths caused by machinery accidents, falls, or exposure to toxic substances in factories or other industrial settings.
Workplace Violence: Fatalities resulting from assaults or violent incidents in the workplace.
Driver Fatigue: Accidents caused by truck drivers who fall asleep or drive while fatigued, leading to fatal crashes.
Improper Vehicle Maintenance: Failures due to mechanical breakdowns, such as brake failure or tire blowouts, resulting in fatal accidents.
Overloaded Trucks: Deaths caused by trucks carrying excessive or unbalanced loads that make them harder to control.
Defective Products: Fatalities caused by products that malfunction, are poorly designed, or have manufacturing defects.
Toxic Products: Deaths caused by products containing hazardous chemicals or contaminants, such as unsafe foods or medicatPedestrian and Bicycle Accidents
Vehicle Collisions: Fatalities when pedestrians or cyclists are struck by cars, trucks, or other vehicles, often caused by driver negligence or failure to yield.
Unsafe Road Conditions: Poorly designed streets, crosswalks, or bike lanes that contribute to fatal accidents.
Elder Abuse: Deaths caused by physical abuse, neglect, or failure to provide necessary care in nursing homes or assisted living facilities.
Medication Errors: Improper administration of medications or failure to monitor patients’ conditions, leading to death.
Homicide: Deaths caused by intentional acts of violence, such as shootings, stabbings, or physical assaults.
Assault or Battery: Fatal injuries resulting from attacks or physical violence.
Swimming Pool Accidents: Drowning deaths due to lack of supervision, unsafe pool conditions, or inadequate safety measures.
Boating Accidents: Fatalities caused by accidents involving boats, such as capsizing or collisions on the water.
House Fires: Deaths from residential fires caused by faulty wiring, arson, or unsafe practices.
Gas Explosions: Fatalities resulting from explosions or gas leaks in homes, businesses, or industrial settings.
Asbestos Exposure: Deaths caused by exposure to asbestos, leading to diseases like mesothelioma or lung cancer.
Chemical Exposure: Deaths due to prolonged exposure to toxic chemicals in workplaces, such as factories or agricultural settings.
Premises Liability: Fatal injuries caused by falls on poorly maintained or hazardous property, such as wet floors or icy sidewalks.
Negligent Maintenance: Deaths due to unsafe conditions in businesses, homes, or public spaces that cause fatal falls.
Plane Crashes: Deaths resulting from aviation accidents, caused by mechanical failure, pilot error, or poor maintenance.
Dog Bites: Fatalities resulting from severe dog attacks, especially by aggressive or untrained animals.
Other Animal Attacks: Deaths caused by attacks from other animals, such as wild animals or livestock.
Malfunctioning Equipment: Fatalities caused by unsafe or faulty medical devices, such as pacemakers, defibrillators, or implants.
