Many families look to each other for support when it comes to handling the recent loss of a close loved one. These losses can come with unexpected consequences such as the loss of an income stream, and medical bills left from the deceased. It’s critical that families know there are options available if their recently lost family member died as a result of another person’s actions.
San Francisco wrongful death lawyers frequently work with families so that they can financially recover and gain some compensation for the monumental loss they experienced. These cases revolve entirely around the event, which led to the victim’s death and are about the victim and what the loss did to the victim’s family.
San Francisco Wrongful Death Lawyers Know These Cases Aren’t Easy
Some wrongful death cases are very successful, and others face many challenges to have a lackluster outcome. Wrongful death cases are not easy, and they take an exceptionally hard toll on the family involved. Often when people move forward with a wrongful death case, it is because they have to not because they are seeking unnecessary monetary compensation.
However, as part of a wrongful death case, these attorneys will add every element of pain and suffering and financial costs experienced by the family to the claim. When compiling a demand statement, it is always better to include everything possible and use that as a starting point for settlement negotiations.
For the family, the process of sitting down and going through all of the losses and expenses associated with this death is challenging. Most families can comfortably sit down and discuss funeral or burial costs, as well as the loss of income, or expected income, and the medical bills taken on pre-death. However, it becomes more challenging when you start to assess the pain and suffering of both the deceased and the family.
One of the struggles, is to quantify, or give value to non-economic damages. The loss of love or companionship that a surviving spouse might experience is something that should be included in the demand for the case.
Statute of Limitations
San Francisco’s wrongful death lawyers explain the nuanced elements of the law that can drastically impact the case. When it comes to California, and as part of it, San Francisco, there is a two-year time frame for families to file their case. For some people, that’s just not enough time to grieve and consider the legal options available. It is important for concerned family members to obtain as much information as possible on what options could be available, so the family doesn’t miss this small window for action.
When it comes to who is capable of filing the lawsuit, it is typically left to:
- Surviving spouse or the domestic partner
- Surviving children
- Siblings or parents only if there are no other options.
However, it’s reasonable that close family members outside of this criteria are concerned. Concerned parties can inquire with an attorney to obtain information for the family to review and consider. If you are a concerned relative and believe that the victim’s spouse or children need more information, then bring them in for a consultation where they can voice their own concerns.
Recovery for Survival Actions
Often the victims involved in wrongful death cases spent time either in the hospital or within medical care. One common example that leads to a wrongful death case is the death caused by a DUI driver. There are about 8% more DUI drivers in San Francisco than the national average. One report acknowledged that through San Francisco County, 24% of adults reported drinking excessively.
Survival actions refer specifically to the portion of the lawsuit that includes the damages incurred just before the person died. If your loved one was injured on the job site and then taken to the hospital and treated in the emergency room, they may have taken on thousands of dollars in medical debt in a matter of hours. Now the question is, who will pay that medical debt?
The idea of survival actions is that the victim if they had lived, would have had the option to pursue a personal injury claim and seek compensation for those damages.
What Damages are Recoverable Through a Wrongful Death Case?
Damages that are possibly recoverable through the means of a wrongful death case can include pain and suffering, survival action, medical costs, funeral and burial costs, lost inheritance, and loss of income. The economic damages covered here, the loss of income, medical costs, and burial expenses, are usually the easiest elements of the claim.
The list of possible damages that could come into consideration is extensive. Economic damages can include any financial support that the deceased would have brought into the household, including household services, as well as gifts, and the funeral expenses. However, when it comes to the non-economic value of the loss of love, comfort, and moral support, there is no fixed standard. A mediator, judge, or even a jury doesn’t have a guide to help them decide how much to award the victim’s surviving spouse or children.
What Exactly Do San Francisco Wrongful Death Lawyers Do?
It is something that most people never think they’ll need to do, but on occasion, you may need San Francisco wrongful death lawyers. You need legal guidance because it’s likely that you haven’t been through this process previously. Our team centers around compassion for the victim and their family, and we use that to present the case in a way that shows the full extent of the damages experienced from the negligence.
At TorkLaw you can discuss the options available to your family with someone who understands the extreme nature surrounding the case. Loss is not easy to handle, and unfortunately, wrongful death cases aren’t easy to handle, either. We approach every case knowing that it will be a challenge for everyone involved, but that ideally, it will resolve with the best result possible for the family.