We know that it is an extremely difficult time to deal with when a loved one passes away and it’s never easy discuss. Although you may feel overwhelmed dealing with the emotional strain of losing your loved one, you can rest assured that your legal and financial concerns will be handled diligently and properly when handled by our firm. The Law Offices of Arnold Laub has over 40 years experience in assisting families affected by the wrongful death of a loved one. Following are some examples of successful wrongful death cases handled by our firm.
Wrongful death lawyer San Francisco
What you need to know about Wrongful Deaths
The Law Offices of Arnold Laub represented the family of an 18-year-old male who brought suit against the drunk driver of a sport utility vehicle that lost control and drove off the side of a cliff. The plaintiff and his friends attempted to flee an unsupervised party when the police arrived to break it up. The plaintiff got into the back of a sport utility vehicle, unrestrained. The drunk driver of the SUV began to head down the hill when he lost control and drove off the side of a cliff. The driver and other passengers lived, but the plaintiff died two days later.
The Law Offices of Arnold Laub settled this case for $2,100,000.00.
Wrongful Death - FAQs
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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