It can be an emotional and stressful time when you're dealing with a suit involving a wrongful death. In San Francisco, the team at the Law Offices of Arnold Laub have the experience and compassion to handle this type of suit for you. We know what you're going through, and we will do everything in our power to make sure you're compensated for your loved one's untimely passing.
You don't want to try to go through this type of case alone. You need professionals who can help you make rational decisions during this difficult time. We will take care of the legal aspects of your case while keeping you fully informed at all times. We'll work diligently and efficiently, while always showing you the compassion and understanding that you deserve.
This type of case can cover a wide range of areas. You may have lost a loved one due to an accident caused by someone else's negligence. A drunk driver, perhaps, or faulty labeling of a prescription drug. Malpractice may have resulted in a birth injury that resulted in death. We'll get the facts of your case and determine our strategy accordingly. You can rest assured that we'll be fighting hard for you every step of the way.
For cases involving wrongful death, San Francisco residents know they can trust the 50 years of experience at the Law Offices of Arnold Laub. We can handle the lawyers on the other side, and we won't fight for less than the compensation that you rightfully deserve. Call today and let us help you through this difficult time.
1. What if a person dies before bringing a personal injury lawsuit?
2. What if an unborn fetus dies?
3. When someone dies, what is the difference between the civil and criminal cases that can be brought regarding the death?
4. Are punitive damages recoverable in wrongful death actions?
5. Are all state laws the same regarding wrongful deaths?
6. Can I bring a wrongful death action if the deceased never held a job?
7. Can someone sue for the pain and suffering of a decedent?
8. Can I bring a wrongful death action based on the death of a child or an elderly person?
Q: What if a person dies before bringing a personal injury lawsuit?
A: It depends on whether a person dies as a result of the injuries or from unrelated causes. If a person injured in an accident subsequently dies because of those injuries, that person's heirs may recover money through a lawsuit. Every state has a law permitting an action when someone causes the wrongful death of another. If a person with a personal injury claim dies from unrelated causes, the claim survives in most cases and may be brought by the executor or personal representative of the deceased person's estate.
Q: What if an unborn fetus dies?
A: Many states require that a child be born alive in order for its death to be the subject of a wrongful death action, so the death of a fetus might not be actionable. An attorney can tell you what the precise law is in your state.
Q: When someone dies, what is the difference between the civil and criminal cases that can be brought regarding the death?
A: A criminal case arises when the government seeks to punish an individual for an act that has been classified as a crime. A civil case, on the other hand, usually has to do with a dispute over the rights and duties that individuals and organizations legally owe to each other. The burden of proof is higher in a criminal case, and the penalty imposed is a criminal sanction such as imprisonment. In a civil case, the defendant will typically have a monetary judgment entered against him/her.
Q: Are punitive damages recoverable in wrongful death actions?
A: In most states, a plaintiff may not recover punitive damages in a wrongful death action. There are some states, however, that do have specific statues that permit recovery of punitive damages.
Q: Are all state laws the same regarding wrongful deaths?
A: No, there are many differences among different state wrongful death laws. Determining the state in which you can (and should) bring a wrongful death action is a very important decision, because some states do not allow certain types of damage awards and/or may have different statutes of limitation that establish the timeframe within which you must file suit.
Q: Can I bring a wrongful death action if the deceased never held a job?
A: Yes, even if the decedent never held a job, he/she may have contributed in some other way to the family. A good example of such a case is an action for the wrongful death of a stay-at-home husband or wife who contributes services, guidance and nurturing of the family. These contributions are quantifiable as "pecuniary losses" in a wrongful death action.
Q: Can someone sue for the pain and suffering of a decedent?
A: Yes, in addition to the wrongful death, a decedent's family may recover damages for the pain and suffering that the decedent endured prior to death.
Q: Can I bring a wrongful death action based on the death of a child or an elderly person?
A: Yes, you can recover damages in a wrongful death cause of action for the death of either a child or an elderly person. For a variety of reasons, however, the damage awards for both classes of decedent are usually modest.
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