Hogan Injury > Blog > wrongful death claims

Who Can File a Wrongful Death Lawsuit in California?

By | May 10th, 2018

When a person dies suddenly as the result of another party’s negligence, it is commonly referred to as a “wrongful death.” The families of those killed in these types of accidents are often much too overwhelmed with grief to consider or be prepared for filing a legal claim in court to pursue much-needed compensation for lost income, medical bills, and other damages. It is important for all people in such circumstances to understand that California has a statute of limitations (time limit) of two years on wrongful death claims. For.

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Why You Should Hire a Wrongful Death Attorney

By | March 1st, 2018

Losing a loved one is extremely challenging and difficult in any situation. However, it can be even more difficult to deal with if you feel that it was due to the negligence of another party. If you feel that your loved one passed away due to the negligence of others, you should engage an attorney to discuss your legal rights. A wrongful death attorney will be able to provide you with a range of different services to ensure you are properly represented. Explanation of Wrongful Death One service that an.

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Justice From Beyond The Grave: Wrongful Death Claims

By | September 4th, 2015

Wrongful death occurs when a person passes due to the misconduct, or negligence of another person. In these cases, the family files the claim on behalf of the deceased. Compensation is available if the guilt of the other party is proven. Though monetary gains will never bring back a loved one, it does bring some comfort to know that justice prevailed. Depending on the state, which has jurisdiction in the case, the statute of limitations ranges from one to three years. Therefore, if you know that the death of a.

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Incorrect Diagnosis Leading to Wrongful Death

By | November 12th, 2013

QUESTION: My wife died from a virus that doctors believe was caused by an infusion type drug for lupus. After an incorrect diagnosis of Lupus Cerebritus specialists diagnosed her as having the JC virus which caused PML in her brain. She passed away about 3 weeks after this diagnosis. The specialists believe that the virus was caused by the drug Ben-Lysta which was prescribed to her for control of her lupus symptoms. I am not sure if this would fall under "failure to diagnose", "bad drug", or "wrongful death". Do.

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Being Charged For His Son’s Death Using His Gun

By | October 3rd, 2013

QUESTION: My son shot himself with my gun, can I be charged for his death? My gun was locked away in my safe at home, key was hidden. However, my son found my gun and shot himself. He never left a note. I am being charged for his death. ANSWER: A wrongful death action may lie for a suicide. Where defendant owed a duty of due care to the victim and defendant’s act or omission was a substantial factor in causing the suicide, defendant is not exonerated from liability on.

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Recovering Insurance Benefits: Rights of Wrongful Death Claimants

By | October 3rd, 2013

QUESTION: I have a 12 year old son who was killed in Nov 2012. His father and I were divorced with legal custody 50/50. He filed an unlawful death suit with the insurance company. He wanted to settle without my knowledge. They in turn contacted me and said that they cannot do anything without me. The insurance company has now settled with him separately because I denied having to pay for his personal attorney’s fees. No one contacted me regarding this as the same was only brought to my attention.

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2 Deaths Caused by Newly Purchased Lift Chair

By | September 5th, 2013

QUESTION: Our parents’ house caught fire. My mother’s lift chair did not work when the power was out. She was trapped in the chair. I got her out but by then my father had inhaled too much smoke and burned to death before he got out the door. My mother died 2 weeks later because of her injuries. If only the chair had a release in case of power failure, both my parents would still be alive today. I would like to know if we have a case because of.

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Suing a Psychiatric Care Facility Due to Wrongful Death

By | March 27th, 2013

QUESTION: My son committed suicide after not getting help or medication in a mandatory psychiatric holding facility. Can I sue them for malpractice or wrongful death? ANSWER: Psychiatrists, hospitals, or mental health facilities owe a duty of care to take responsible steps to prevent foreseeable suicide. This special relationship is born out of the patient’s dependency on the health care provider who “has some control over the (patient’s) welfare” [Kockelman v. Segal (1998)].

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Wrongful Death and the Premises Owner’s Liability

By | March 26th, 2013

QUESTION: My son was shot and killed while at a convenience store. Is the store liable for not calling for help even though there were cameras on the site? Do I have a case? ANSWER: In a wrongful death lawsuit, the death of the individual must be caused by the negligence or tortious act of another. For cases of death due to the crime committed by third parties, those who have a special relationship with the victim may be liable under certain circumstances.

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