What Does a Wrongful death attorney Do?

When the death of a loved one is caused by the negligence of another, seeking justice and compensation is crucial for the surviving family members. At MVP Accident Attorneys, a wrongful death lawyer can help you file a claim and fight for the compensation you and your family deserve. We will advocate on your behalf and provide the experienced compassionate legal support and guidance you need during this difficult time.

At MVP Accident Attorneys, our legal team will:

• Investigate the accident
• Establish liability
• Identify the damages
• Pursue compensation
• Negotiate with the insurance company
• File a wrongful death lawsuit if necessary

What Is a Wrongful death claim?

A wrongful death claim arises when a person's death is caused by the negligence of another person or entity. A wrongful death claim will hold the responsible party or parties accountable for their reckless, careless, or negligent actions and provide the fair settlement the surviving family members deserve after such a devastating loss.

How Does a Wrongful death claim Work?

A lawyer at MVP Accident Attorneys can file a wrongful death claim to help you pursue the justice and compensation you deserve after the death of a loved one. To file a wrongful death claim, your attorney must establish that the decedent died as the result of misconduct, negligence, or an intentional act of another person or entity.

Who Has the Right to File a Wrongful death Lawsuit?

In the state of California, the following parties are eligible to file a wrongful death claim:

• Spouse
• Legal representative
• Domestic partner
• Children

Legal guardians, parents, and siblings may be entitled to file a claim if there are no direct survivors.

How Does an Attorney Prove Wrongful death?

Proving wrongful death requires a thorough investigation and evidence that establishes negligence.

Evidence can include:

• Death certificate
• Medical records
• Autopsy report
• Witness statements
• Expert testimony

Working With Experts

At MVP Accident Attorneys, we have the resources to hire experts that can help us prove negligence. A medical examiner plays an important role in wrongful death claims. This expert, often a forensic pathologist, will perform an autopsy to determine the cause and manner of death. This procedure can help establish a link between the death of your loved one and wrongdoing or negligence.

Experts your attorney may work with include:

• Medical specialists
• Toxicologists
• Accident reconstruction specialists
• Medical examiners
• Forensic pathologists

Negotiating With the Insurance company

In most cases, a claim will be resolved out of court, through negotiations. Your attorney will negotiate with the claims adjuster to fight for fair compensation for your damages. If the insurance company refuses to offer the settlement you deserve, your attorney will file a wrongful death lawsuit.

What Is a Deposition in a Wrongful death Lawsuit?

A deposition is a formal proceeding that is part of the pre-trial discovery process. The purpose of a deposition is to gather evidence and information. The proceeding involves sworn testimony given by experts,  and witnesses, including parties involved in the case, and other individuals. Attorneys for both sides will have the opportunity to question witnesses under oath, seeking details about the events leading to the death.

Wrongful death Trial

If your case goes to trial, your attorney and the defendant’s attorney will present evidence, witnesses, and arguments before a judge and jury.
A judgment will be reached either in favor of you or the defendant. If you have won the case, the court will determine the award amount.

What Damages Are Awarded in a Wrongful death Lawsuit or Claim?

The award or settlement you’re entitled to will depend on many case-specific factors, including:

• The age of the decedent
• The decedent’s earning capacity
• The emotional and financial dependence of the
• The economic and non-economic damages suffered
• The circumstances surrounding the death

In California, the average settlement amount for wrongful death ranges from $250,000 and $500,000.

Economic and Non-economic damages

Economic damages can compensate you for the financial losses you have incurred as a result of the death of a loved one.

These damages can include:

• Medical bills
• Funeral and burial costs
• Property damage
• Lost income
• Future financial support the decedent would have contributed to their family

Non-economic damages are intangible losses experienced by you and the other surviving family members.

These damages can include:

• Emotional distress
• Mental anguish
• Loss of guidance
• Loss of consortium

Is There a Cap on Wrongful death?

As of January 1, 2023, the damage cap for wrongful death caused by medical malpractice increased from $250,000 to $500,000. Over the next ten years, the cap will increase up to one million dollars due to a bill that was signed by the governor of California.

To account for inflation, there has also been an increase in the cap for non-economic damages in wrongful death, which was $250,000. The current cap on non-economic damages is $500,000. Each year on January 1st, the cap will increase by $50,000 until it has reached one million dollars.

What is it called when someone dies due to negligence?

When a person dies due to the negligent, careless, or reckless actions of another person or entity, it is referred to as wrongful death. A wrongful death claim or lawsuit will hold the negligent party or parties responsible for their actions, allowing the surviving family members to recover compensation for both economic and non-economic losses.

What is the difference between wrongful death and survival action?

Wrongful death is a legal claim or lawsuit that is filed by the decedent’s surviving family members or by the decedent’s estate against the person or entity responsible for the death of a loved one. This civil action will help the family members recover compensation for emotional and financial damages that resulted from the death. This compensation aims to reduce the financial and emotional burdens suffered by the surviving family members.

A survival action addresses the rights of the decedent and is filed by the decedent’s estate. A survival action focuses on the damages and personal injuries that the decedent experienced before their death. This civil action allows the estate to recover compensation the decedent would have obtained had they survived.

What Are the Main Causes of Wrongful deaths?

Wrongful death cases often arise from the following types of accidents and incidents:

• Motor vehicle accidents
• Medical malpractice
• Workplace accidents
• Defective products
• Premises liability
• Nursing home neglect
• Intentional acts

Contact Us Today!

If you lost a loved one due to the negligent, careless, or reckless actions of another, contact MVP Accident Attorneys today to schedule a free consultation with one of our experienced wrongful death lawyers.

We can meet with you to discuss your case and advise you on the best legal course of action. Contact our legal team today and let us help you pursue the compensation and the justice you deserve.