What is wrongful death?
In California, wrongful death is considered when a person dies as a result of a crash, an injury, medical malpractice, or a pedestrian, truck, or bicycle accident. When the injury is death, then the surviving heirs, usually the wife, the children, the husband, the father, or the mother of the deceased, have a right to sue for wrongful death. These damages are for the loss of the love and care and the financial support of the loved one who was killed in the tragic incident.
To successfully prosecute those cases, as in other bodily-injury cases, we have to show that there was a wrong that was done. When a person dies of natural causes, there is no right to action. If the death is at the hands of — or because of the negligence of another — it is wrongful death, and the family members are entitled to compensation.
How can a lawyer make a difference?
A lawyer establishes that the deceased had a relationship with the persons making a claim. He or she will establish that the relationship was valuable, the love was real, and if the deceased had an earning capacity and an ability to support his or her family, that the loss of support was real. If a child was killed, it was a child who provided love and comfort to his or her parents. A lawyer is necessary to prove the negligence of the wrongdoer.
What type of compensation is covered?
In a wrongful death case, the family members are entitled to the loss of the love of the deceased. There is no fixed value for that, no schedule or price list for loss of love — it is unlimited in scope. A lawyer is important to personalize the claim by showing how special the relationship was between the life lost and the son or daughter, and in what way. Our attorney will show specifics and not paint with a big brush. He will document the relationship, show videos and photographs — the importance of the loss to the survivors. This is where an experienced lawyer is needed.
How much experience does Fox and Fox have?
Attorney James Fox has been handling wrongful death cases for over 36 years in practice. Nationwide, he has achieved one of the largest verdicts ever recorded in the wrongful death of a two-year-old child. It is a major component of his practice, and he feels strongly about the value of a small child or a parent. It is a loss that is incalculable.
When we look at how society evaluates life, we can put those lives in perspective in a context of a lawsuit. Mr. Fox knows that, for example, if one of our sons is a pilot and has to bail out behind enemy lines or is lost, the government will spend hundreds of millions of dollars trying to rescue that one pilot. No one cares about the airplane, which could be worth a $100 million itself. No one cares about the cost of the search. It is the life that is important. In our society, we value life and Mr. Fox takes that responsibility very seriously.
What makes Fox and Fox Corporation the best choice in Sherman Oaks?
The Fox and Fox Corporation leaves no stone unturned when investigating a wrongful death claim. We look at all causes, starting with the deceased themselves. Were they healthy or did they have a disease? What was their life expectancy? How long would they have lived without this kind of injury?
We then look at the cause of the death. Was it a traumatic cause? Sometimes, it is not as simple as you think. For example, someone falls in a grocery store, breaks a leg, goes to the hospital, and has surgery on the leg. After surgery, the person develops a blood clot. The blood clot goes into the lungs, causes a pulmonary embolism, and he or she cannot breathe, then suffers cardiac arrest. There is a code-blue and that person does not survive. Suddenly, the claim goes from an injury — from a simple slip and fall with a broken leg — to a death.
At Fox and Fox, we connect those dots. We look back to see what caused the blood clot: the fracture. What caused the fracture? Then we get back to the owner of the premises, or the negligent driver or negligent doctor who caused the injury. Sometimes, the cause of a death is not instantaneously obvious and requires an autopsy.
Our attorneys look at all causes down the line and connect the dots. Our firm has years of experience working with medical records. This is just one way our firm helps our clients.
Call (818) 986-4494 today for a free, no-obligation consultation, or send us an email now.