Wrongful Death Attorney
A wrongful death claim is filed when a patient dies because of the negligence of a medical professional. When making a wrongful death claim, you must be able to prove the hospital’s or medical staff’s negligence caused the death of the patient.
In wrongful death cases, the plaintiffs are the heirs of the decedent. In cases where a child dies, the parents are the plaintiffs. If the patient was married, the spouse or the children could be the heirs. If the patient was not married, the heirs would be their children, if they have any, followed by their parents, and finally their then siblings. In some cases, selecting the right heirs can be complicated. The proper heirs need to be involved in the wrongful death claim. The law requires all heirs to be listed as plaintiffs in any wrongful death claim.
Medical negligence and malpractice often happen to patients who are hospitalized for any medical condition. However, in most cases, the evidence is so limited that it is hard to prove a direct connection to the patient’s death. Additionally, in many cases involving the elderly or a patient with complex medical conditions, it is hard to determine the direct cause of death. An autopsy may not provide adequate information to connect negligence to the patient’s death.
Recovery for a Wrongful Death Case
Since 1975 California law has limited recovery for wrongful death claims to $250,000. Heirs can only recover more than $250,000 if they can prove economic loss because of the death. The recovery must also be shared amongst all the heirs.
There are no laws limiting recovery for economic losses. The victim’s age and prior income will be used to determine the amount awarded to the heirs. Additionally, California law recognizes there is economic value to services provided by the deceased family member. Unfortunately, many attorneys who are not familiar with malpractice cases overlook the value of “home services.” When dealing with medical malpractice or negligence claims, it is essential to maximize the economic losses because there is a limit on recovery.
If a loved one has died in the care of a medical professional, it could be the result of medical malpractice or negligence. Contact an attorney today to have your case evaluated. CALL US ANYTIME (281) 475-4535 or fill out a consultation form here to start the process.