Peace of Mind: How a Wrongful Death Lawyer Can Provide Emotional Support

by cjadmin | October 14th, 2024

Losing a loved one is one of the most devastating experiences a family can endure, and the grief is even more intense when their death is caused by someone else’s negligence or wrongful actions. In these circumstances, grieving families face various emotional and practical challenges.

During such a heartbreaking time, a California wrongful death attorney can provide both the legal guidance and the emotional support your family needs. Our wrongful death lawyers at Berg Injury Lawyers can help your family find a sense of justice, ease your financial burdens, and offer compassionate guidance through this difficult period.

Finding Justice and Closure for Your Loss

Under Statute 377.60, immediate family members, such as spouses, children, or dependent parents, can file a wrongful death claim when a loved one’s death results from negligence or misconduct. We guide your family through the process, holding the responsible party accountable.

Seeking justice and ensuring the at-fault party faces consequences brings a sense of closure. Recovering compensation for medical bills, funeral costs, and lost income helps validate the loss and acknowledge your family’s suffering. This accountability can also provide emotional relief, offering a path to healing as you find comfort in knowing justice has been served.

Protecting Your Family’s Financial Future After a Loss

Losing a loved one is not only emotionally devastating but also brings a wave of financial uncertainty that can feel overwhelming. When the primary earner is gone, families often find themselves struggling with deep anxiety and fear about how to make ends meet. Questions like “How will we pay the mortgage?” or “What about the kids’ education?” weigh heavily on the hearts of those left behind, adding to their grief.

At Berg Injury Lawyers, we understand that no one should have to face these worries alone. Our wrongful death attorneys can help ease this burden by seeking fair compensation that provides security and peace of mind during an unstable time.

Our wrongful death attorneys work closely with a team of experts, such as economists, to determine a fair amount of compensation for lost income. This financial support may cover:

• The deceased’s current salary
• Projected future earnings
• Retirement benefits
• Health insurance
• Immediate expenses like funeral costs
• Long-term needs, such as mortgage payments and daily living expenses

Guiding You Through the Legal Process With Clarity and Confidence

After losing a loved one due to someone else’s negligence, the legal process can feel intimidating and confusing. Many families are unfamiliar with the steps involved in a wrongful death claim, and the prospect of dealing with complex legal jargon, court proceedings, and negotiations can add to the emotional burden.

At Berg Injury Lawyers, we take the time to explain the legal process in simple, understandable terms, ensuring you know what to expect, what your rights are, and how we can pursue the best possible outcome for your case. From the initial consultation to the final settlement, we keep you informed and involved so you feel empowered rather than overwhelmed.

Taking the Burden Off Your Shoulders

Filing a wrongful death lawsuit can feel all-consuming, especially when you’re already grieving. Our experienced attorneys remove the burden from your shoulders by managing every aspect of the legal process, from filing the claim and negotiating with insurance companies to collecting vital documents like medical records and police reports.

Our team’s experience with these cases means we understand the legal complexities and the emotional turmoil families face. This depth of understanding allows us to empathize with grieving families in ways that even well-meaning friends and relatives may not be able to, providing a unique level of support.

We ensure your case progresses smoothly, allowing you to focus on healing and honoring your loved one’s memory.

Get the Emotional and Financial Support You Need

We understand that nothing can take away the pain of losing a loved one, but seeking justice and safeguarding your family’s future can be an important step toward healing. Our attorneys will manage your case so you can focus on grieving and finding peace.

With the right legal support, you can find both emotional relief and financial security. Contact Berg Injury Lawyers today for a free consultation, and let us fight for the closure your family deserves.

Wrongful Death Claims and Suicide: Assessing Liability and Negligence

by Staff Blogger | September 29th, 2023

Many questions will remain unanswered when a loved one makes the tragic decision to take their own life. For those who survive the loss of a loved one, confusion may turn to unbearable rage when someone else’s negligence contributed to that decision. Sometimes, in cases where families suspect someone other than the victim was responsible for the suicide, they can file a wrongful death claim against that suspect.

To succeed in bringing forward a claim for wrongful death, California residents must show that the defendant owed the victim a duty of care. They must also have breached this duty to make it a proximate cause of the suicide. If you believe your loved one’s suicide resulted from someone else’s negligence, you can file a wrongful death claim.

Defending these claims requires a deep understanding of negligence, liability, and the interplay between these legal principles. You need a California wrongful death attorney who understands both very well.

How Wrongful Death Claims Can Arise in Cases of Suicide

Orcutt v. Spokane County, a landmark Washington State decision, clarified negligence factors in suicide cases. “Uncontrollable impulse” was at the core of the Orcutt decision.

The plaintiff can prove liability if the defendant’s negligence caused the uncontrollable impulse that led to the suicide. A connection must be made between the defendant’s actions and the uncontrollable urge that led to suicide.

As far as suicide-wrongful death cases are concerned, the Orcutt case marks a shift from the norm. Suicide-related wrongful death claims have traditionally been denied because they are not considered natural consequences of the defendant’s actions.

However, several legal precedents recognize exceptions to the rule, especially when the defendant’s conduct led to the decedent’s mental state.

Establishing a Connection Between Negligence and Suicide

It is challenging to unravel the circumstances that lead to suicide. However, many families will want to hold someone accountable and find some sense of justice. A California wrongful death claim can help in these situations. There are many ways negligence can lead to suicide. Some examples include:

• Inadequate mental health treatment.
• Leaving a suicidal child unsupervised.
• Leaving a firearm in the home of a suicidal individual.
• Failure to prevent bullying situations that cause emotional distress to the deceased.

Expert testimony is crucial to proving a causal link between negligence and suicide. For example, a psychiatrist or forensic scientist can shed light on possible negligence or liability by analyzing the events leading to suicide.

Moreover, courts have considered several factors when assessing liability in suicide-wrongful death cases, including:

1. Evidence linking the defendant’s behavior to an uncontrollable suicide impulse.

2. If the decedent committed suicide with any volition or understanding.

3. Whether the defendant showed any negligence or malice.

4. The defendant’s actions relating to the method of suicide.

5. Legal standards, trends, and similar cases.

Wrongful Death Claims: California’s Legal Framework

The California Code of Civil Procedure 377.60-377.62 sets forth the legal framework for wrongful death claims. Family members, such as spouses, children, and dependents, may be entitled to compensation in certain circumstances.

California imposes a comparative negligence standard. Therefore, compensation can still be awarded based on the fault each party bears, regardless of what actions the deceased person took.

Using this approach ensures a fair distribution of liability between multiple parties. To prove wrongful death in California, in the context of suicide, you must show:

• A duty of care must be established by showing that the responsible party had a legal obligation towards the decedent. Healthcare professionals have a responsibility to provide their patients with adequate medical treatment. Institutions must keep patients safe while they are in their care.

• A breach of duty occurs when there is a failure to meet required standards. An example would be a mental health professional who did not follow recognized treatment protocols.

• The breach directly led to the suicide. Causation is difficult to prove, but proving it is crucial. A direct link must be established between the breach of duty and the suicide. Expert testimony is often required to show a causal connection between responsible parties’ actions or omissions and the resulting consequences.

• Damages must be quantifiable. Many things can be considered damages in these types of cases, including medical expenses, funeral costs, and the emotional distress that surviving family members suffer.

Let a California Wrongful Death Attorney Help You

Legal claims related to suicide often involve negligence, liability, and unusual circumstances that trigger painful emotions from both parties. Facts must be examined in detail to determine if negligence led to a suicide. These facts must often be supported by testimony from experts.

The attorneys at Berg Injury Lawyers have extensive experience with assessing such cases, gathering evidence, working with experts, and navigating the complex legal system. Remember that while the legal landscape can seem daunting, you do not have to go through it alone.

If you have lost a loved one due to wrongful death, contact a dedicated California wrongful death attorney who can help you get justice for your loss.

What’s a Putative Spouse in California?

by Staff Blogger | January 18th, 2023

Filing a wrongful death claim in California can be a complicated and confusing process, made worse by simultaneously grieving the loss of a loved one. Usually, wrongful death lawsuits are filed by surviving spouses with the assistance of California wrongful death lawyers.

But in some cases, surviving spouses find out after their spouse’s death that their marriage may never have been legally valid due to a defect or technicality.

When these unfortunate situations occur, California law provides an avenue for recourse through the putative spouse doctrine. In this blog post, we’ll explain what a putative spouse is under California law, and how the putative spouse doctrine can assist families of wrongful death victims.

California Wrongful Death Lawsuits

A wrongful death lawsuit is filed after a person dies due to another person’s negligence. Filed by the victim’s surviving family members, wrongful death claims are designed to compensate surviving family members for the loss they have suffered.

During a case consultation with our team of wrongful death lawyers, California families can explore the types of damages that may be available in their specific case, as damages vary from case to case. The types of damages that may be available in a wrongful death case include the following:

• Funeral and burial expenses
• Loss of future earning potential
• Loss of love and companionship
• Loss of expected gifts or inheritances

Who Can File a Wrongful Death Claim?

In California, the law first permits a victim’s surviving spouse to file a wrongful death lawsuit. If a victim is unmarried, then the lawsuit may be filed by other surviving immediate family members, such as children, parents, or siblings.

In some cases, a surviving spouse may find out after their spouse’s death that they were actually never legally married. In these situations, California law labels the surviving spouse as a “putative spouse” and allows them to file a wrongful death lawsuit if they meet certain conditions.

What is a Putative Spouse in California?

Under California law, a putative spouse is a person who holds a reasonable belief that they are married, when in reality, their marriage is legally invalid. Putative spouses in California are allowed to file wrongful death lawsuits if they genuinely believe that their marriage to the victim was true and valid.

Most often, the putative spouse issue arises in cases of second marriages, where one spouse’s divorce may not have been actually finalized, accidentally leaving the first marriage legally intact.

Putative Spouses in California Wrongful Death Lawsuits

The California Supreme Court most recently addressed the putative spouse issue in a 2013 case titled Ceja v. Rudolph & Sletten, Inc. In that case, the deceased victim filed for divorce from his first wife, but it was not finalized until three months after the victim and his second wife married. Because the divorce was not finalized when the second marriage occurred, the second marriage was never legally valid.

But despite that, the second wife changed her last name, wore a wedding ring, and otherwise held herself out as the victim’s legally wedded wife. Four years later, the victim was killed in an on-the-job accident at a construction site. The victim’s employer tried to dismiss the lawsuit, but the court disagreed, holding that the putative spouse doctrine applied because the surviving spouse held a genuine belief that her marriage to the victim was valid.

Rights of California Putative Spouses

Putative spouses in California hold the same legal rights as any other surviving spouse. In short, the putative spouse doctrine provides a solution for spouses who may be surprised to learn that their marriages are invalid. Experienced wrongful death lawyers in California, such as our team at Berg Injury Lawyers, are knowledgeable about the putative spouse doctrine and its applications.

Why You Need a California Wrongful Death Lawyer

If you and your family find yourselves grieving the loss of a loved one caused by another person’s negligence, you should contact a wrongful death lawyer as soon as possible. Our team at Berg Injury Lawyers has been representing California families for more than 40 years, including in wrongful death lawsuits.

We’re proud to offer free case consultations to prospective wrongful death clients, and we’re ready to hear from you. Contact us today to set up an appointment.

How Can You Prove Wrongful Death?

by Staff Blogger | November 23rd, 2020

Proving Wrongful Death: The 3 Basic Elements of a Wrongful Death Claim

1. Duty of care—This means that the party allegedly at fault for the death had a responsibility toward the safety of the deceased. If a wrongful death occurred in a car accident, then the duty of care was following traffic laws. If the death occurred in the workplace, the duty of care would be that of the employer to keep employees safe.
2. A violation of that duty—If duty of care is established, the claimants must prove that the duty wasn’t carried out by the at-fault party. Using our car accident example, a driver might have breached the duty of care when they drove while intoxicated. For a workplace death, the employer might not have provided the appropriate safety equipment to their employee.
3. That breach of duty caused the death—Finally, the claimants must prove that the violation of duty caused the death. For example, a driver collided into the deceased because they were intoxicated, or the employer’s failure to provide safety equipment caused the worker’s death.

What Evidence Is Used to Prove Wrongful Death?

• Obtaining the police report
• Interviewing witnesses of the crash
• Consulting experts about the potential causes of the crash
• Reviewing any available footage of the crash

• Interviewing coworkers or other potential witnesses of the incident that led to the worker’s death
• Obtaining security camera footage of the incident
• Consulting experts to prove the negligence of the employer
• Reviewing other breaches of the employer’s duty of care to look for a pattern of negligence

We Represent Families of Wrongful Death Victims in California

What Types of Compensation Are Available for Families After Wrongful Deaths?

by Staff Blogger | December 3rd, 2018

1. Medical bills—Whether your loved one suffered a preventable injury or developed a preventable illness, he or she may have required extensive medical treatment. Unfortunately, medical bills aren’t discharged when patients pass away, and that means you may be facing huge healthcare costs that you can’t afford without filing a compensation claim.
2. Lost wages—If your loved one was a primary income earner for your household, his or her death may have devastating effects on your family’s finances. It can be difficult to afford day-to-day living expenses without his or her income, but a wrongful death claim can help you recoup some or all of that money.
3. Funeral costs—Funerals are more expensive than ever, and trying to afford one when you’re already facing so many other expenses can be overwhelming. Wrongful death claims help provide relief for families who are worried that they might not be able to give their loved ones the funerals they deserve.
4. Loss of consortium—Above all else, losing a loved one means losing a person you deeply cared about and who provided many types of support to you and the rest of your family. Wrongful death claims also take that loss into consideration when settlement claims are calculated.

What Types of Accidents Can Result in Wrongful Deaths?

by Staff Blogger | March 26th, 2018

• Work-related accidents – If your loved one suffered fatal injuries at work due to a lack of training or safety equipment or a dangerous work environment, you may be eligible to file a claim for compensation.
• Car accidents – All drivers have a responsibility to drive safely and cautiously. When they fail to uphold that responsibility, they can seriously injure and even kill innocent people—and that can be grounds for victims’ families to file wrongful death claims.
• Medical malpractice – Doctors, surgeons, and other healthcare providers are supposed to help their patients get better. But sometimes, their carelessness and negligence results in serious injuries that can prove fatal. When that happens, families can pursue compensation for their losses.

3 Reasons to Call a Lawyer After a Wrongful Death

by Staff Blogger | December 18th, 2017

1. Determine who can be held responsible. Whether it was due to a medical mistake, an accident, or general misconduct, we’ll gather evidence that proves the other party’s liability.
2. Calculate the damages. Medical bills, lost income, and funeral expenses are financial issues that many families face after they lose their loved ones. We’ll make sure the insurance company knows how the wrongful death has and will continue to affect you.
3. Negotiate a fair settlement. We’ll review any and all settlement offers with you. It’s our goal to help you get maximum compensation.

Providing Answers to the Families of Wrongful Death Victims

by Staff Blogger | October 10th, 2016

Several Tips To Keep Motorists Safe During High Speed Pursuits

by Staff Blogger | January 16th, 2012