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Sue for Wrongful Death of a Child in California?

The death of a child can be an unimaginable tragedy for the parents who have to experience it. The amount of loss and emotional devastation alone should be worth a sizeable settlement. When the death of someone’s child occurred as a result of the negligent, misconduct, or direct intent to harm, the parents have every right to sue them for the wrongful death of their child and receive compensation for the damages that they have had to endure. At Normandie Law Firm our committed Los Angeles attorneys can assist you and your loved ones in finding justice for the damages you have been put through. If you have any questions after reading this article, please feel free to contact our law firm for a free consultation by one of our skilled associates.

Wrongful Death
Often victims suffering from the wrongful death of a child ask our wrongful death lawyers, “Can a parent sue for wrongful death in California?” The answer is yes, with the help of an attorney experienced in wrongful death lawsuits, you can pursue legal action for compensation for your damages. However, you must first follow California’s wrongful death statutes. Thankfully these statutes allow parents to sue and recover damages if the victim had no surviving children, or if the parents were dependent on the descendent. Most wrongful death lawsuits come after criminal trials and use similar evidence, however with a far lower burden of proof. However, someone found liable for the wrongful death may or may not be convicted of a crime associated with said death. Many who file wrongful death lawsuits ask, “who can sue for wrongful death,’ and in almost all cases it is a representative of the deceased’s estate. The following people can also bring a wrongful death lawsuit to court in California:

  • The deceased person’s “putative spouse” or the putative spouse
  • The deceased person’s stepchildren
  • The deceased person’s parents
  • Some common causes of wrongful death include:
  • Automobile Accidents: automobile accidents caused by distracted drivers, drunk or impaired drivers, aggressive drivers, road construction, and pedestrian fatalities, are some of the major causes of death, and are the most common causes of wrongful death lawsuits
  • Medical Malpractice: Medical professionals are expected to provide a reasonable level of care for their patients, and when this level of care results in the wrongful death of a child, the parents of said child can sue the medical professional for damages.
  • Products Liability: Designers, manufacturers, and retailers of products are expected to minimize the risk of harm their products may cause the public. When a product causes harm or death to an individual, a lawsuit can be filed for compensation.
  • Criminal Acts: Any intentional cause of harm can result in a wrongful death lawsuit against the guilty party. Said guilty party doesn’t have to be convicted for a wrongful death lawsuit to be filed against them.

Each of these varying causes of death has their legal proceedings and requirements, and it is in your best interest to consult a lawyer with experience in wrongful death lawsuits that apply to your particular case.

Wrongful Death Product Liability
If you’re wrongful death case involved the consumption or use of a product, then you would need to file your lawsuit under a product liability law. Product liability essentially states that the designers, manufacturers, and marketers of a certain product are responsible for the damages if said product causes the injury, or death of another as a result of a defect. These defects typically occur in the three following forms:

  • Design Defects: These are the defects that can occur before the product is sent to the assembly line. The defects that occur in this stage of production are faults that make the product inherently dangerous. In most cases, these defects can lead to full-scale product recalls, and the company which organized the design of the product could be held liable for the damages.
  • Manufacturing Defects: These defects typically occur on the assembly line of the product. They can range from minor mistakes along the manufacturing chain to reoccurring mistakes that can result in large recalls. In these instances, the manufacturing company could be deemed responsible for the damages.
  • Marketing Defects: These defects occur during the marketing of a specific product. These defects include things like improper labeling, insufficient instructions, or inadequate safety warnings.

Whenever a company somehow causes a defect that harms a consumer, that consumer has every right to file a product liability lawsuit against the company responsible; or in this case a wrongful death product liability lawsuit.

Wrongful Death Medical Malpractice
Medical malpractice is defined as any act or omission by a medical professional during the care and treatment of a patient that deviates from the accepted norms of practice in the medical community and causes injury or death to the patient. Under medical malpractice, a lawsuit can be filed against a medical professional if said professional acted in negligence, and said negligence is proven to have caused the damages. Proving negligence in medical malpractice lawsuits requires that you satisfy the following key components:

  • The existence of a doctor-patient relationship: Patients who think they have experienced medical malpractice in the emergency room must be able to prove that there was a physician-patient relationship. This relationship essentially means that there was an agreement wherein the patient agreed to be treated, and the physician agreed to treat said patient.
  • The physician’s negligence: The patient must be able to prove that the doctor or physician’s negligence caused the damages endured. The physician’s care is not expected to be perfect; however, it must at least be reasonably skillful and careful. Almost all states across the U.S require that the patient present a medical expert in court as to discuss what the appropriate medical standard of care should have been, and how the defendant breached that standard
  • The physician’s negligence caused the injury: The patient must be able to show that it is ‘more likely than not’ that the physician’s specific actions directly caused the injury the patient is suffering from. To do this, a patient must retain a medical expert to testify that the physician’s negligence caused the injury
  • The injury led to specific damages: The patient must be able to prove that they have suffered from specific damages caused by the injury. Some of these specific damages include: physical pain, mental anguish, medical expenses, lost work, or lost earning capacity.

These are only some of the required components of a successful medical malpractice case. Filing a medical malpractice wrongful death lawsuit can be especially tricky as hospitals, emergency rooms, and medical professionals in most cases have the resources to employ a whole host of expert lawyers to dispute your case immediately. For this reason, it is incredibly important that if you attempt to file a medical malpractice wrongful death lawsuit against a doctor that you seek the assistance of a lawyer experienced in this legal field.

Automobile Wrongful Death
Filing any variety of an automobile accident lawsuit varies from state to state as each state has some rules and regulations that govern lawsuits of this nature. To prove your wrongful death automobile accident lawsuit, you must be able to show the following three essential points:

  • You must prove someone or some other entity was at fault
  • A spouse, child, legal beneficiaries, or dependents survive the deceased
  • The death of your loved one will result in a monetary loss

Even once these points are proven there is no guarantee that you will receive the monetary compensation that you demand. For this reason, it is in your best interest to seek the assistance of a skilled attorney experienced in filing wrongful death automobile accident lawsuits.

How Normandie Law Firm Can Help
If you or a loved one has suffered from the damages of the wrongful death of a child, you may be eligible to file a significant claim for compensation. Losing a child can be incredibly difficult to overcome, so you shouldn’t go it alone. At Normandie Law Firm our wrongful death attorneys are committed to ensuring that you receive the compensation that you demand. If you file a claim with our law firm, you could find some if not all of the following damages compensable to you:

  • Past and Future Medical Expenses
  • Loss of Wages
  • Potential Loss of Future Wages
  • Pain and Suffering
  • Emotional Distress (anxiety, depression, PTSD, etc…)
  • Punitive Damages

While our attorneys are based out of Los Angeles, we also practice in San Jose, Oakland, San Francisco, Sacramento, Fresno, San Diego, Orange County, Stockton, Bakersfield, and throughout the entire state of California.

Free Second Opinions  
Some attorneys are lazy, and will sign you up to their firm but will disappear once your name is on the paper as they are busy signing up more cases. In these instances, their business is based more on volume and will attempt to sign up as many cases as possible. In turn, they will spend less time on cases resulting in severely reduced settlements. Our firm will not treat you like a number. We will be in communication with you throughout our lawsuit and will treat you like family. So if you already have an attorney don’t worry, we’ll give you a second review of your case 100% free of charge.

Zero Fee Guarantee-No Upfront Fees Ever
If you contact our law offices today, we can walk you through the complicated process of filing your claim completely free of charge. As a show this commitment to you and your case we offer our clients the benefits of a zero fee guarantee policy. Under our zero fee policy, all clients don’t pay for our services until their case is won. If you feel in need of a second opinion, second opinion case reviews are also free under this policy. Please, feel free to give us a call, and we can guide you down the path of receiving proper compensation for your damages.

 

 

 

 

 

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