Losing a loved one is never easy, and it can be even more devastating when the negligence of another party causes their death. In situations like these, it may be necessary to first seek compensation with the help of a wrongful death lawyer. These professionals are trained to handle legal matters related to wrongful death damages due to fatal accidents and can help you get the justice and financial compensation you deserve.
At Hoybjerg Law, we understand the pain and anguish of losing a loved one and are here to help you navigate the legal process. Paul Hoybjerg and his legal team are dedicated to ensuring you receive the best possible outcome for your case.
Paul Hoybjerg is an experienced wrongful death attorney with a personable approach to the circumstances surrounding his clients’ cases. He’ll help you receive a fair settlement – if you don’t win, you don’t pay.
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 Law Firm's Process
While the legal action for each wrongful death lawsuit differs, Hoybjerg Law follows a proven legal process to achieve results.
1. 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.
2. 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.
3. 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.
4. 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.
5. 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.
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.
A Personable Wrongful Death Lawyer
At Hoybjerg Law, your free case evaluation, legal counsel, and legal fees – your entire financial support for legal recourse – are paid for by your settlement. Our law firm always has the incentive to help you recover compensation because you don’t pay if we don’t win. That’s our entire business model, including wrongful death lawsuits and other personal injury cases.
Most wrongful death law firms are based in Los Angeles, the Bay Area, -- with the occasional New York City (NYC) wrongful death attorneys. But Paul Hoybjerg and his team live in the area they represent, ensuring Hoybjerg Law clients have a local advocate to reach a fair settlement in wrongful death cases.
Paul takes the time to listen to clients to determine the best strength of their personal injury claim and has successfully won cases for his clients against major corporations, goliath insurance conglomerates, and other attorneys that try to bully injured parties. Paul does not back down, and advocates for his clients, ensuring their voices are heard and their legal rights protected.