The loss of a loved one due to a fatal injury is a heart-wrenching experience that no family should have to endure. When such a loss occurs because of someone else’s negligence or wrongful actions, the pain is compounded by a sense of injustice. Understanding your legal rights and options for seeking justice is crucial during this difficult time. At The Law Office of Michelle Gershen, we are committed to providing compassionate and dedicated legal support to families in San Diego, helping them secure the compensation and justice they deserve.
Understanding Fatal Injury Claims
A fatal injury claim, also known as a wrongful death claim, is a legal action brought by the surviving family members of a deceased person whose death was caused by the negligent, reckless, or intentional actions of another. These claims aim to provide financial compensation for the family’s loss and hold the responsible party accountable for their actions.
Common Causes of Fatal Injuries. Fatal injuries can result from a wide range of incidents, including:
- Car accidents. High-speed collisions, drunk driving incidents, and distracted driving accidents often result in fatalities.
- Workplace accidents. Unsafe working conditions, lack of proper safety measures, and negligent supervision can lead to fatal workplace injuries.
- Medical malpractice. Errors in medical treatment, misdiagnosis, and surgical mistakes can cause fatal injuries.
- Defective products. Faulty or dangerous products can lead to fatal injuries when they fail to function as intended.
- Premises liability. Unsafe conditions on someone else’s property, such as slippery floors or inadequate security, can result in fatal injuries.
Legal Rights of Surviving Family Members
Surviving family members have the right to seek compensation for their loss through a wrongful death claim. Understanding your legal rights and the process of pursuing a claim is essential to securing the compensation you need to cope with your loss and move forward.
Who Can File a Wrongful Death Claim? In California, specific individuals are entitled to file a wrongful death claim, including:
- The deceased person’s spouse or domestic partner
- The deceased person’s children
- If there are no surviving spouse, domestic partner, or children, other individuals who were financially dependent on the deceased, such as parents or stepchildren, may be eligible to file.
Types of Compensation. Surviving family members may be entitled to various forms of compensation, including:
- Medical expenses. Coverage for any medical treatments related to the fatal injury before the death.
- Funeral and burial costs. Compensation for the expenses associated with the funeral and burial of the deceased.
- Loss of income. Compensation for the lost financial support that the deceased would have provided to the family.
- Loss of companionship. Compensation for the emotional and psychological impact of losing a loved one, including the loss of companionship, guidance, and emotional support.
- Pain and suffering. Compensation for the emotional distress and grief experienced by the surviving family members.
Steps to Take After a Fatal Injury
If your loved one has suffered a fatal injury due to someone else’s actions, taking immediate steps is crucial to protect your legal rights and seek justice. Here are the steps you should follow:
- Seek Legal Counsel. The first step is to consult with an experienced wrongful death attorney. An attorney can provide guidance on your legal options, help you understand your rights, and navigate the complexities of the legal process.
- Preserve Evidence. Collect and preserve any evidence related to the incident that caused the fatal injury. This includes medical records, accident reports, witness statements, and any other relevant documentation.
- Document Expenses. Keep detailed records of all expenses related to the fatal injury, including medical bills, funeral costs, and any other financial impacts. This documentation will be important when calculating the compensation you are entitled to receive.
- File a Claim. Your attorney will help you file a wrongful death claim in the appropriate court. This involves drafting and submitting legal documents that outline the details of the case and the damages sought.
Proven Strategies for Success
At The Law Office of Michelle Gershen, we employ proven strategies to build strong cases for families seeking justice for their loved ones. Our comprehensive approach includes:
Thorough Investigation. We conduct a thorough investigation to gather evidence and establish the facts of the case. This involves reviewing medical records, accident reports, and any other relevant documentation, as well as interviewing witnesses and consulting with professionals.
Establishing Liability. We work diligently to prove the defendant’s liability by demonstrating negligence and establishing a direct link between their actions and the fatal injury. This involves showing that the defendant owed a duty of care to the deceased, breached that duty, and caused the fatal injury as a result.
Calculating Damages. We accurately calculate the full extent of your damages, including medical expenses, funeral costs, lost income, and non-economic losses such as pain and suffering. Our goal is to secure a settlement or verdict that reflects the true impact of the loss on your family.
Negotiating with Insurance Companies. Insurance companies often attempt to minimize their payouts. Our attorneys are skilled negotiators who will advocate on your behalf to ensure you receive fair compensation.
Litigation. If a fair settlement cannot be reached, we are prepared to take your case to court. Our experienced litigators will present a compelling case to the judge and jury, aiming to secure the compensation you deserve.
Choosing The Law Office of Michelle Gershen
Selecting the right attorney to represent you in a wrongful death case is a crucial decision. At The Law Office of Michelle Gershen, we bring extensive knowledge, dedication, and a client-centered approach to each case we handle. Our track record of successful outcomes and satisfied clients speaks to our commitment to achieving justice for families who have lost a loved one.
If you have lost a loved one due to someone else’s wrongful actions, do not navigate this challenging time alone. Contact The Law Office of Michelle Gershen today—visit our website or call (619) 492-5526 for more information or to schedule a consultation. Let us help you seek the justice and compensation you deserve while you focus on healing and honoring your loved one’s memory.
