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If you have lost a loved one due to another’s negligence or intentional action, you know just how devastating an avoidable loss can be.
Unexpected and untimely deaths leave a hole in surviving family member’s lives requiring them to adapt to the challenges of living without their loved one. In addition, families must bear the challenges of the financial burden of their loss. Of course, no amount of compensation can replace a loved one or erase the pain of their loss. However, a successful wrongful death claim can provide surviving family members with much-needed financial assistance.
A wrongful death claim enables entitled family members to seek compensation for expenses and losses related to their loved one’s death. Damages may include a loved one’s medical bills, the services they provided to their family, and income they contributed to the household.
If another’s negligence contributed to a motor vehicle accident that caused the death of a loved one, contact one of Gomez Trial Attorneys San Bernardino Wrongful Death Lawyers today.
At Gomez Trial Attorneys, we have a wealth of experience pursuing wrongful death claims on behalf of our clients. Below is a list of some of the awards received by our clients in past successful cases.
Of course, our past case results do not guarantee future results for any specific claim. Each claim is unique, however, our past results are indicative of the wealth of experience our firm has to offer potential clients. the results of your claim.
The experienced wrongful death lawyers at Gomez Trial Attorneys may assist clients by:
Providing a deeper understanding of the amount of compensation families may be entitled to for the loss of their loved one. Soon after a fatal accident, many grieving families will be contacted by the responsible party’s insurance company. Insurance representatives will attempt to entice families into accepting a quick settlement. The financial burden of medical bills, funeral and burial expenses, and lost income may make a quick settlement tempting for surviving families.
However, it is important to understand that most settlement agreements require the injured party to waive their right to seek further compensation for their losses. If the initial settlement amount is insufficient to cover the extent of a family’s losses, they may be barred from seeking additional compensation if they accept.
Talking to an attorney can give surviving family members a better idea of exactly how much compensation they deserve for the loss of a loved one. When appropriate, an experienced attorney can advise families whether a settlement offer is adequate or insufficient.
Negotiating on behalf of family members. The loss of a loved one causes surviving family members immense stress. Families may need to hire individuals to complete the services they could once rely on their loved one to take care of. Families may need help with childcare or household maintenance, if those tasks were previously handled by their loved one. Families may have to pay for funeral expenses and burial arrangements.
In addition, any individual who suffers extreme grief may have a hard time adapting to life without their loved one. The financial burden of the loss only makes matters worse. An experienced personal injury attorney can negotiate with insurance companies on their client’s behalf, so they can focus on making other necessary arrangements and accommodations.
Investigating a loved one’s death. If your loved one died immediately, at the scene of the accident, you may never get a clear picture of the accident from their perspective.
An experienced attorney, however, may provide a detailed investigation of the accident and how it occurred, including:
After the death of a loved one, when assessing whether surviving family members are entitled to file a wrongful death claim, they should answer two key questions:
1) If the deceased had lived, would he or she have been entitled to file a personal injury claim? If a lost loved one could have filed a personal injury claim, their surviving family members may be entitled to bring a wrongful death claim. Consult an attorney about the specific circumstances that led to your loved one’s death.
2) What relationship do you have to the deceased? To file a wrongful death claim, in most cases, injured parties are required to have a close family relationship to the deceased. The deceased’s spouse usually has the first right to file a wrongful death claim. If the deceased does not have a spouse, his or her children may file. When the deceased has no spouse or children, the deceased’s parents may have a right to file a wrongful death claim.
Surviving family members can only file a single wrongful death claim for the loss of their loved one. If multiple parties in a family have an equal right to a claim, they must file a single claim together. The claim may specify how the awarded funds will be distributed among individual family members.
Surviving family members are frequently left with a substantial financial burden related to the loss of their loved one. Funeral expenses and medical expenses before death. along with all of the loved one’s contributions to the family can cause immense financial stress. Families should consider consulting with an experienced personal injury attorney to learn how much they may expect from a wrongful death claim.
Claims for damages commonly include the following expenses:
A loved one need not have died immediately for their family to have grounds for a wrongful death claim. Many accidents, including auto and construction accidents, can cause severe injuries that eventually lead to a loved one’s death. In the meantime, however, the injured victims may linger in the hospital, accumulating substantial medical bills. Medical bills before a loved one’s death should be included in the calculation of damages in a wrongful death claim.
Medical expenses may include:
Whether your loved one provided the primary source of income for the family or simply offered supplemental wages, the loss of that income can be devastating for families. An experienced personal injury attorney can help families incorporate losses associated with income in their claim for damages.
Even if a lost loved one worked outside the home, the services they provided to the family may ultimately prove even more valuable than their income. Childcare in San Bernardino costs as much as 25 percent of the average worker’s income. When multiple children require care, it can be difficult for many families to cover those expenses.
Around the nation, the costs of assisted living for senior family members can amount to nearly $7,000 per day. A loved one who provides services for children or senior family members ultimately saves substantial costs. The loss of a loved one who provides those services can create a substantial financial burden for surviving family members.
Families should work with an attorney to calculate the loss of services their loved one performed for the family, including:
In addition to the tangible financial losses associated with the death of a loved one, families may seek damages for the intangible impacts of their loss. Spouses and children may be compensated for the loss of companionship that was once provided by their loved one. Loss of companionship may involve the loss of a spouse’s life partner or the loss of the advice and support a parent provides a child. Families should consult with an experienced attorney to determine the amount of compensation they may be entitled to seek for their loss of companionship.
Surviving family members may be entitled to bring a wrongful death claim if they lost a loved one in an accident caused by another’s negligence. Common wrongful death claims result from:
Auto accidents claim lives in Temecula every year. Motor vehicle accidents are caused by a wide range of factors, including driver impairment, speeding, and failure to obey traffic signals. After an auto accident, an attorney may investigate to identify potentially liable parties.
Those parties may include:
Due to the nature of the industry, construction sites have a high potential for worker injury. Construction companies must follow a variety of federal and state safety regulations intended to ensure worker safety. Regulations involve proper procedures for storing equipment and guidelines for protecting employees and visitors on construction sites. Electrical accidents are common on construction sites and may result in severe burns, falls from a significant height, or crushing injuries.
Parties that may be liable for construction site injuries, include:
Nursing homes are expected to provide a high standard of care to all residents. Unfortunately, some nursing homes fail to provide an adequate level of care. Nursing home abuse and neglect often cause a rapid deterioration of an elder’s physical health. Many elderly individuals never fully recover from abusive situations. When nursing home staff provide inadequate care, the nursing home itself may be liable, as well as doctors or other medical professionals who were responsible for the senior’s care.
Injured victims are vulnerable. When a trusted doctor fails to treat them properly, the victim may be entitled to bring a medical malpractice claim. Negligent actions, including surgical and medication errors, can quickly lead to a patient’s death. In addition, if you lost a loved one as a result of an improper diagnosis or treatment, you may be entitled to compensation. An experienced wrongful death attorney can help surviving family members identify the medical professionals who provided inadequate care.
Businesses and property owners must ensure that their property is reasonably safe for any visitors who enter the premises. A property owner’s duty to keep the premises safe includes providing visitors with appropriate warnings about any hazards on the property that are known or should have been known. Property owners must appropriately cover swimming pools and restrict access to children. If a hazard on an individual’s or business’s property caused your loved one’s death, you may seek compensation for your loss.
Both manufacturers and distributors may bear liability when a product defect causes a consumer an injury that ultimately leads to death. Product accidents can cause burns, amputations, traumatic brain injury, and spinal cord damage. Family members may be entitled to bring a wrongful death claim when a defective product caused a loved one’s death.
If you lost a loved one as a result of another party’s negligence, consider consulting with our experienced San Bernardino wrongful death lawyers to guide you through the claims process. Contact Gomez Trial Attorneys or call us at (619) 237-3490 today for a free consultation and case evaluation.
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“Mr. John Gomez and his team, Gomez Trial Attorneys, are very passionate about the work they do. They never left us alone and were always in our corner every step of the way. Never once during the process did we ever feel we were in this by ourselves. They are very diligent, thorough and compassionate at the same time. We had a delicate case and they always made sure we were comfortable. The made it easy for us to meet with them and very accommodating. They definitely did all their homework and of course, the result was a positive outcome.”
Review by: Clemente C.
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