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Losing a loved one is one of the most painful experiences a person can go through, especially when it happens as the result of someone else’s negligence or misconduct. Unfortunately, accidental deaths do happen. At Ikuta Hemesath LLP, we understand that the emotional and financial toll that a death can take on your life is immeasurable. During these difficult times, you will need the support and expertise of a compassionate attorney that has experience handling wrongful death cases that can guide you through the legal process and help you obtain justice.
When it comes to wrongful death cases, you need experienced, compassionate and dedicated legal representation. At Ikuta Hemesath LLP, we offer all this and more:
Years of Experience: With over a combined 50 years of legal experience, our firm has successfully represented numerous clients in wrongful death cases throughout California. We have seen the complexities of these cases and understand how to navigate the legal landscape effectively.
Proven Track Record: Our commitment to achieving justice for our clients is demonstrated by our track record of success. We have secured substantial compensation for families who have suffered wrongful death losses, and our reputation speaks for itself.
Commitment to Clients: At Ikuta Hemesath LLP, we are committed to providing personalized, compassionate, and attentive legal representation. We understand the emotional impact that the death of a loved one takes, and we are here to provide not only legal support but also the emotional support you need.
Comprehensive Approach: We handle all aspects of your case, allowing you to focus on healing and supporting your family during this challenging time. We leave no stone unturned in our pursuit of justice.
Wrongful death claims are legal actions filed by the heirs of someone who has died due to the negligence or misconduct of another. These claims aim to provide compensation to the surviving family members and dependents, as well as hold the responsible party accountable for their actions. Wrongful deaths can result from a wide range of scenarios, including failure to diagnose cancer, misdiagnosis of a medical condition, surgical complications, medical malpractice, elder abuse, neglect, and many other situations. Each case is unique, and our experienced attorneys are well-equipped to handle the complexities of these varied situations.
In a wrongful death case, damages can be broadly categorized into two main types: economic and non-economic damages. Economic damages encompass several elements, such as the financial support that your loved one would have contributed to the family during either their life expectancy or your life expectancy, depending on which is shorter. Additionally, economic damages account for the loss of gifts or benefits you would have anticipated from your loved one, as well as covering funeral and burial expenses, and the reasonable value of household services that your loved one would have provided.
On the other hand, non-economic damages cover the intangible aspects of loss, including the loss of companionship, comfort, care, assistance, protection, affection, society, moral support, training, and guidance provided by your loved one. It’s important to note that, as of 2023, California law places a limitation on non-economic damages in medical malpractice cases involving wrongful death. Pursuant to California Code of Civil Procedure section 3333.2, the cap for non-economic damages is initially set at $500,000, with annual increases of $50,000 over a 10-year period. This means that, unfortunately, you would be subject to a maximum non-economic damages award of $500,000 for the loss of your loved one’s companionship, comfort, care, assistance, protection, affection, society, moral support, training, and guidance.
In some cases, punitive damages may be awarded to punish the responsible party for their reckless or intentional misconduct. These damages are intended to serve as a deterrent to prevent similar behavior in the future.
The calculation of compensation in wrongful death cases can be complex and may vary depending on various factors, including the circumstances of the death, the age, and earning potential of the deceased, and the impact on the surviving family members. Our experienced attorneys will meticulously assess your case, gathering evidence and consulting with experts to maximize the compensation you are entitled to.
The timeframe within which you must file a lawsuit, known as the statute of limitations for wrongful death, varies depending on the circumstances leading to your loved one’s passing. If your loved one’s death resulted from medical malpractice, you have a one-year window starting from the date of their death to initiate a wrongful death claim. However, if a government entity or employee is responsible for your loved one’s death, the time to file a claim with the government entity is limited to six months from the date of the incident.
It’s crucial to recognize that statute of limitations in legal matters can be highly intricate. Failing to meet these deadlines can lead to the forfeiture of your right to seek compensation. To ensure that you meet these critical deadlines and protect your legal rights, it is imperative to promptly consult with an attorney well-versed in wrongful death cases.
Remedies recoverable in a wrongful death case can help alleviate the financial and emotional burdens faced by surviving family members. While no amount of compensation can replace the loss, pursuing a wrongful death claim is a way to seek justice and hold those responsible accountable for their actions. If you have lost a loved one due to wrongful death, reach out to Ikuta Hemesath LLP to explore your legal options and find the support you need during this challenging time.
In addition to a wrongful death action, you may be able to bring an action on behalf of your loved one pursuant to Code of Civil Procedure section 377.30. A survival action must be brought within one year of the malpractice or six months after the death of your loved one, whichever is longer. In a survival action, the damages recoverable are limited to the loss or damages that your loved one suffered before death which includes damages for pain, suffering or disfigurement. The damages recoverable under a survival action are set forth in Code of Civil Procedure section 377.34.
Remedies recoverable in a wrongful death case can help alleviate the financial and emotional burdens faced by surviving family members. While no amount of compensation can replace the loss, pursuing a wrongful death claim is a way to seek justice and hold those responsible accountable for their actions. If you have lost a loved one due to an accidental death, reach out to Ikuta Hemesath LLP to explore your legal options and find the support you need during this challenging time.
Get in touch today, and take the first step towards reclaiming your peace of mind.
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