When a patient’s death is attributable to medical negligence, you may be able to sue for wrongful death. You must be able to prove that a medical provider’s negligence caused the patient’s death. The damages recovered in a wrongful death case differ from other malpractice claims, as the decedent’s heirs are the potential plaintiffs.
If the decedent was married, then the spouse and children would be the potential plaintiffs. If the case involves the death of a child, then the parents become the plaintiffs. Even though determination of the correct plaintiffs may be complicated, all wrongful death heirs must be named in a wrongful death action.
The decedent’s pain and suffering occurring prior to death is recoverable by the plaintiffs as a survivorship claim under California law. In addition, the heirs can file a separate claim for the wrongful death. California law limits the maximum potential amount that the jury can award all the plaintiffs combined for general, or non-economic, damages to $500,000. Under California law, that limit on non-economic damages increases by $50,000 each year until 2033 when the maximum recoverable amount reaches $1 million. Economic damages, however, are not capped in California.
There are many components to a wrongful death case based on medical negligence. The economic losses occasioned by the wrongful death are always at issue, regardless of whether the patient was working at the time. Factors such as “home services” are also assessed. It is essential to hire an experienced medical malpractice attorney to maximize your potential recovery.
The statute of limitations governs when a wrongful death action must be timely filed. In California, heirs can sue up to three years after the death of their loved one, or one year from the date that they suspected that the death was caused by medical negligence, whichever date occurs first. Working with an ACTS LAW medical negligence attorney is the best way to ensure that the lawsuit is timely filed and that your family generates maximum recovery for the wrongful death of your loved one.
Contact our medical negligence team of Bruce Brusavich and Eduardo J. Ascencio if you think that you have been a victim of a medical wrongful death or medical malpractice. Mr. Ascencio speaks fluent Spanish ensuring that Spanish-speaking clients can seek justice for Wrongful Death caused by medical negligence. Our team of zealous lawyers has nearly 70 years of combined experience to get you the help you and your family deserve.
Fill out the form or call us at 833-228-7529 for a free consultation. We are glad to review your case and help you in any way we can.
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I am so impressed with Atty Terry Bailey. I needed a 2nd opinion on inverse condemnation case. He was knowledgeable, experienced and just as important, very human in dealing with my dilemma. He took the time to listen and understand the issues relating to my property damage caused by county negligence and never rushed me or interrupted me. He listened carefully and understood, it was very clear how experienced he is. I highly recommend Mr. Bailey.
Yes, they did a great job at handling the home insurance case. Knowledgeable, smart and diligent. Always on top of things. Great communication. But they were more than that. Great advisers to us as well. And not full of empty promises, but with real understanding of what is possible and what is not. Nice to have someone who does not over promise, just over delivers.
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Bruce Brusavich has represented thousands of individuals and businesses in a variety of areas, including personal injury, insurance bad faith, business litigation, elder abuse, professional malpractice, product liability and wrongful death.
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