Experienced Fresno Wrongful Death Lawyer
Fresno Wrongful Death Attorney
Find out why we are some of the best Fresno wrongful death lawyers
If You Have Lost a Loved One Due to a Wrongful Death in Fresno, You Need to Have the Right Legal Representation by Your Side.
By choosing us, you can have peace of mind knowing that we have the knowledge, skills, and resources necessary to handle your case with compassion and determination. We will seek the fair compensation you deserve and hold those responsible accountable for their actions.
Contact Goldberg & Loren today to schedule a free consultation and take the first step towards obtaining the justice and closure you and your family deserve.
Understanding Wrongful Death
Wrongful death is a legal concept that holds parties accountable for a person’s death caused by their negligence or reckless actions. In such a devastating experience, surviving family members can pursue a wrongful death claim to seek financial compensation and hold the responsible party accountable for their actions.
When a loved one’s death is caused by the negligence or reckless behavior of another person or entity, the surviving family members may be eligible to file a wrongful death claim. [1] This legal action seeks to recover damages resulting from the loss.
Causes of Wrongful Death
Wrongful death can occur in a variety of circumstances where a person’s life is cut short due to the negligence or intentional actions of another party. Some common causes of wrongful death include:
Medical Malpractice
Medical malpractice is a critical issue that often arises in wrongful death claims. It refers to a situation in which a healthcare provider, such as a doctor or nurse, fails to provide proper medical care, resulting in harm or death to the patient. This negligence can occur in various scenarios, including surgical errors, medication mistakes, and misdiagnosis.
Surgical errors may involve operating on the wrong body part, leaving surgical instruments inside the patient, or anesthesia errors. Medication mistakes can range from prescribing the wrong medication to administering the incorrect dosage. Misdiagnosis occurs when a healthcare provider fails to accurately diagnose a medical condition, leading to delayed or improper treatment.
Auto Accidents
In California, various types of auto accidents have led to fatalities. Crashes involving large trucks can be particularly deadly due to their size and weight. Motorcycle accidents also pose a significant risk, as motorcyclists are more vulnerable on the road. Pedestrian deaths and bicycle fatalities are also common in automobile accidents.
Defective Products
Defective products can tragically result in wrongful death claims, as they can cause serious injuries or fatalities. There are several types of defective products that can lead to such claims.
Faulty vehicle parts or design flaws can lead to accidents and fatal injuries. This can include issues with brakes, tires, airbags, or faulty steering mechanisms. Other defective products include dangerous prescription drugs, medical devices, and foodstuffs that can cause severe medical complications or death.
Aviation Accidents
Several factors contribute to aviation accidents and subsequent wrongful death cases. Common causes include pilot error, mechanical failures, weather conditions, air traffic control errors, and design flaws in aircraft or equipment. These accidents can occur in commercial airline operations, private aircraft flights, helicopter crashes, or even during skydiving or other recreational activities.
Pedestrian Accidents
Pedestrians are particularly vulnerable on the road, lacking the protection afforded to motorists. When a pedestrian is involved in an accident, the injuries can be fatal.
Pedestrian accidents have various causes, with negligent drivers being a primary factor. Distracted driving, speeding, driving under the influence, and failure to yield to pedestrians are common actions that lead to accidents.
Workplace Accidents
Construction accidents are one of the leading causes of fatalities in the workplace. Factors such as falls from heights, being struck by objects, or being caught in between machinery can make construction sites extremely dangerous. Industrial accidents can occur in manufacturing plants, warehouses, or any workplace with heavy machinery or hazardous materials.
These fatal accidents can involve explosions, chemical spills, or equipment malfunctions, posing significant risks to workers. Fall accidents, although seemingly less severe, can still result in fatal injuries, especially if they occur from elevated surfaces or involve head trauma.
Drowning Accidents
Drowning accidents are a distressing and unfortunately prevalent cause of wrongful death claims. These accidents can occur in a variety of settings, including swimming pools, lakes, rivers, ponds, or bathtubs. Recognizing that even a momentary lapse in supervision or neglecting to implement appropriate safety measures can have devastating consequences is essential.
From a legal perspective, several factors can contribute to a drowning accident. Negligence on the part of a property owner, such as inadequate pool barriers or lack of lifeguards, can be a significant factor in determining liability. Additionally, failure to properly maintain and repair pool equipment or disregard for safety protocols may also contribute to the occurrence of these tragic incidents.
Electrocution
Electrocution is a severe and potentially fatal injury that occurs when a person comes into contact with an electrical current. There are various causes of electrocution, including faulty wiring, defective electrical appliances, inadequate safety measures, and unsafe work conditions.
Common examples of electrocution incidents include electrical shocks in the workplace, electrical fires caused by faulty wiring, accidents while using defective electrical appliances, and incidents involving live electrical wires. These accidents can result in severe injuries or death.
Violent/Criminal Acts
Violent and criminal acts can have devastating consequences.
Whether it is assault, battery, robbery, or any other form of violent crime, the physical and emotional trauma experienced by the victim and their loved ones can be overwhelming. If the incident results in a fatality, in addition to criminal charges, a civil lawsuit can be filed by the deceased family members.
Possible Compensation in a Wrongful Death Claim
When a tragic loss occurs due to the negligence or wrongful actions of another, pursuing a wrongful death claim can help provide financial stability for the family left behind. Key areas of compensation in a wrongful death claim include:
Economic Damages:
- Funeral and Burial Expenses: Reimbursement for the costs associated with funeral costs and interment.
- Medical Expenses: Coverage for medical bills related to the final injury or illness.
- Loss of Financial Support: Compensation for the income the deceased would have provided to the family.
- Loss of Benefits: Reimbursement for lost healthcare, retirement, or pension benefits.
- Property Damage: Compensation for personal property damaged in the incident.
Non-Economic Damages:
- Pain and Suffering: Damages for the emotional distress and grief experienced by surviving family members.
- Loss of Consortium: Compensation for the loss of companionship, support, and assistance from the deceased.
- Loss of Enjoyment of Life: Damages related to the loss of the joy and quality of life the deceased would have provided.
- Emotional Distress: Reimbursement for the psychological trauma endured by surviving family members.
- Punitive Damages: In cases of extreme negligence, recklessness, or intentional misconduct by the responsible party, punitive damages may be awarded to punish the party and deter similar conduct in the future.
- Legal Fees: Reimbursement of attorney's fees and legal expenses associated with pursuing the wrongful death claim. The specific compensation available in a wrongful death claim can vary based on the circumstances, jurisdiction, and applicable laws.
Statute of Limitations for Wrongful Death Claims in Fresno, CA
In Fresno, California, there is a Statute of Limitations for filing a wrongful death claim. The statute of limitations sets a time limit within which a claim must be filed to seek compensation for the loss of a loved one due to another party’s negligence or wrongful act.
In Fresno, the general statute of limitations for wrongful death claims is two years from the date of the deceased person’s death. However, there are certain circumstances that may affect the time limit.
Only certain parties are eligible to bring a wrongful death claim in Fresno. This typically includes the surviving spouse, domestic partner, or children of the deceased person. However, if none of these parties exist, other individuals, such as parents or siblings, may be able to bring a claim.
Why Do I Need a Wrongful Death Lawyer?
Hiring our wrongful death lawyers at Goldberg & Loren makes your journey easier for you as we have decades of experience in navigating the legal system and handling all aspects of your case. We will help gather evidence, calculate damages, and build a strong case to seek financial compensation for losses, allowing you to focus on healing and grieving.
Our skilled personal injury attorneys in Fresno will negotiate with insurance companies and other parties involved to ensure that you receive a fair settlement. We will fight for your rights and advocate for your best interests, as we understand the emotional and financial toll that a wrongful death can have on your family.
Perhaps most importantly, our lawyers will provide you with the support and guidance you need during this difficult time. We will offer the best legal advice, answer your questions, and provide you with the legal representation required to pursue justice for your loved one.
By enlisting the help of our experienced wrongful death attorneys, you can have peace of mind knowing that your case is in capable hands as you focus on healing and honoring your loved one’s memory. Contact our legal team today.
Source:
[1] Wrongful death claim. (2023, July 28). Wikipedia. https://en.wikipedia.org/wiki/Wrongful_death_claim
We fight hard for our clients who have lost a loved one due to a wrongful death. Our personal injury lawyers fight for maximum compensation.
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