Irvine Wrongful Death Lawyers
What Is Loss of Consortium?
If you have experienced the wrongful death of a loved one, please accept our heartfelt condolences. It is absolutely normal to have questions, concerns, and stresses at this time. A wrongful death can be caused by so many circumstances, such as a car accident, medical malpractice, police negligence, and for many more reasons. However, anytime a wrongful death occurs, a victim’s heirs do have a right to recover compensation for economic and non-economic damages.
A person who lost his or her life can no longer file a claim on their own behalf. A wrongful death claim gives certain family members the opportunity to seek justice and financial compensation on behalf of their lost loved one. These lawsuits are different than personal injury lawsuits, because they are exclusively filed by the survivor(s) of a person that was wrongfully killed.
If you have lost a loved one in the city of Irvine due to someone’s negligence, you may be entitled to compensation. Please don’t hesitate to contact us 24/7 at (949) 334-9200 or feel free to email us at [email protected] to schedule a free consultation with our experienced, caring and compassionate legal team. At West Coast Trial Lawyers, we are always here to answer any questions you may have about wrongful death claims and we can help you determine whether or not you are entitled to damages.
What Is An Assumption Of Risk?
This is a key consideration following an Irvine wrongful death. An “assumption of risk” basically means that an individual is aware of a hazard involved in an activity yet goes ahead and takes a chance, knowing they may hurt in the process. A boxer, for example, assumes the risk of stepping into a boxing ring and is aware that he or she may be seriously hurt or even killed.
For example, say that a boxer suffers a serious brain injury after a boxing match. That boxer cannot then sue for damages after being injured because he or she was aware of the risks involved. It is important to understand that someone who engages in certain extreme sports and high risk activities will not always be able to sue for damages. Typically, activities that carry an assumption of risk include a signed waiver, but not always. Either way, surviving family members of someone who was killed after participating in an activity that included an assumption of risk may be barred from filing a wrongful death claim.
Types Of Wrongful Death Cases Our Irvine Wrongful Death Attorneys Can Handle
Now that we’ve covered the role an assumption of risk may play in limiting surviving family members’ ability to file a wrongful death claim, let’s examine some of the wrongful death claims our experienced Irvine wrongful death attorneys are able to file on your behalf.
Wrongful Death Of A Child: Determining a dollar amount for damages when an adult dies is not difficult. For example, damages will involve compensation for financial earnings and emotional support that the deceased would have provided for their spouse/registered domestic partner and/or children had they survived.
However, when it comes to the loss of a child, the parents may only recover financial losses. How does a court determine the dollar amount for financial losses? It will consider, for starters, the relationship the deceased child had with those filing a wrongful death claim; the age, health, and general circumstances of those filing a wrongful death claim; sex, age, life expectancy, and general habits of the deceased child; and the deceased child’s earning potential.
Wrongful Death Involving The Police: A wrongful death claim that is brought against the city of Irvine’s police department will be fought hard. These claims have the potential of being settled quickly, especially when the police department wants to avoid bad publicity. Wrongful death claims are filed against the city where the police department that was responsible for the death is located.
It is important to understand that some cities will invoke immunity from legal action. Immunity can only really be invoked as a defense when an officer killed someone while using appropriate techniques. Please consult with a skilled Irvine wrongful death attorney to determine whether or not you are entitled to file a wrongful death claim against Irvine’s police department.
Wrongful Death And Nursing Homes: Wrongful death claims involving the elderly are particularly tragic. When a patient dies due to abuse or carelessness, the nurse(s) at fault for the death will face consequences for violating state and federal laws that serve to protect eldery residents. Listed below are several important laws and regulations affecting nursing home residents:
- The Elder Justice Act of 2009. All nursing home employees must file a written report to federal and state authorities if they suspect elder abuse or other types of crimes being committed in a facility.
- Nursing Home Reform Act. Monitors nursing home facilities that receive Medicare and Medicaid funding. Nursing homes must provide exquisite services to their patients, and acts of negligence or abuse will be severely punished.
- Older Americans Act Reauthorized (OAA). Funds elder abuse and neglect programs. Extensively improves access and quality for services given to older adults.
- State Nursing Home Laws. These guidelines vary, but typically cover:
- Appropriate distribution of medication.
- Food and dietary needs.
- Dementia care.
- Management of infections.
- Qualified staff.
West Coast Trial Lawyers Is Always Here To Help
If you have lost a loved one in the city of Irvine due to negligence or deliberate acts of malice, you have the right to hold the guilty party responsible for your losses. An Irvine wrongful death attorney at our firm can recover financial compensation for the losses you have suffered, including your medical bills, property damage, lost wages, pain and suffering from your injury, and more. Call us today at (949) 334-9200 or email [email protected] to schedule a free consultation with our experienced, caring and compassionate legal team.