Trusted Wrongful Death Attorneys In Culver City

Suddenly losing a loved one can come with overwhelming grief, especially if their death was because of another person’s negligent or wrongful actions. Some families may even find themselves facing overwhelming financial difficulties. This can include everything from mounting medical bills to the loss of financial stability.

At Steven D. Davis Law Group, APC, we understand the immense challenges you’re facing. Since 2014, our dedicated attorneys have guided many California residents through these devastating times. We are here to help you seek justice and fight for the compensation your family deserves.

Defining Wrongful Death In Cases Of Medical Malpractice

A death is “wrongful” if it occurred due to another party’s negligence, recklessness or intentional misconduct. In cases involving medical malpractice, this is usually the doctor, health care provider or even the hospital. This can include situations where they:

• Misdiagnosed a condition or diagnosed it too late, leading to improper or delayed treatment and a fatal outcome
• Made mistakes during surgery, such as operating on the wrong site, damaging organs or leaving instruments inside the body
• Prescribed the wrong medication or dosage, failed to consider drug interactions or failed to monitor a patient’s reaction to medication
• Negligence during childbirth that results in the death of the mother or infant
• Improper administration or monitoring of anesthesia, leading to complications and death
• Inadequate care after surgery, such as failure to monitor vital signs, prevent infection or respond to complications

Surviving family members of the patient can pursue a wrongful death claim against a doctor or health care provider if their failure to provide the accepted standard of care led to the patient’s death.

Generally, in a medical malpractice setting, the statute of limitations will be one year from the date of death of a loved one. You can sometimes file a wrongful death claim within two years of a loved one’s death if it does not involve a medical malpractice.

What Is The Difference Between Negligence And Wrongful Death?

Negligence is a key factor in a wrongful death claim. It means that a person failed to exercise the level of care that a reasonable person would in similar circumstances. To establish a person’s negligence, you must prove the following elements:

• They owed a legal duty to another person
• They breached that duty by acting or failing to act in a certain way
• This breach of duty caused harm to the person
• A person suffered actual harm or damages as a result

While negligence can be the basis for a wrongful death claim, wrongful death specifically addresses the loss of life and the resulting impact on the deceased’s family or beneficiaries.

What Evidence Should Be Admitted In A Wrongful Death Suit?

The evidence that may be admitted typically includes:

• The death certificate and the deceased’s medical records: To prove the occurrence of death, its cause, and the deceased’s health condition and the treatment received before death
• Witness and professional testimonies: From individuals who can provide firsthand accounts of the events leading to the death, as well as professionals such as doctors or accident reconstruction analysts who explain technical aspects related to the death
• Photographs, videos and police reports: Visual evidence of the scene, injuries or circumstances surrounding the incident, as well as official reports detailing the incident, if applicable
• Financial records: To demonstrate the financial impact of the deceased’s passing, such as loss of income, benefits and support

Personal items, physical evidence and correspondences: Relevant items or evidence that may relate to the cause or circumstances of the death, as well as any emails, letters or other communications that might shed light on the circumstances leading to the death or the relationship between parties involved

It’s important to note that the evidence must directly relate to the case, be significant to proving a point and not be too damaging or misleading to the jury. We will advise you on the strongest evidence to use for your situation.

What Damages Should Be Sought In A Wrongful Death Claim?

The damages sought in these cases typically aim to compensate the survivors for the losses they have suffered due to the death of their loved one. This can include:

• Loss of financial support: Compensation for the loss of income, earnings and financial support the deceased would have provided
• Loss of benefits: Such as the value of lost medical insurance, pension plans or other employment-related benefits that the deceased would have contributed to
• Funeral and burial expenses: Costs directly associated with the deceased’s funeral, burial and other related services
• Loss of services: The economic value of household services and nonpecuniary contributions the deceased would have provided, such as child care, home maintenance, cooking or other personal services
• Loss of companionship, society and affection: Compensation for the profound personal and emotional losses experienced by the survivors
• Loss of consortium: Specifically for a surviving spouse or registered domestic partner, this covers the loss of marital benefits, including companionship, sexual relations and emotional support

In California, punitive damages are generally not recoverable directly in a wrongful death claim. However, if the defendant’s conduct was particularly egregious, malicious or fraudulent, you may seek punitive damages through a separate “survival action” brought by the deceased’s estate. This is to punish the at-fault party and discourage similar conduct in the future. Any such damages would go to the deceased’s estate.

Take note that the exact amount can vary based on the specific circumstances of your case. Our wrongful death lawyers can advise you on the appropriate damages to seek based on the facts involved.

Why Choose Steven D. Davis Law Group, APC, For Your Wrongful Death Claim?

For over a decade, we have provided relentless legal support to families in Los Angeles County who have struggled with the loss of a loved one due to medical negligence. Our attorneys work hard to make sure every client receives personalized attention and guidance. It is this dedication to integrity and compassion that has made us a trusted name in the local legal community.

When you work with us, you have direct access to our senior attorneys, including our founding attorney, Steve Davis. Having worked as a former district attorney, he has an in-depth understanding of the legal system, as well as a proven track record of success in the courtroom. Together with our team of seasoned lawyers and legal professionals, we will help you get the answers you deserve and hold those responsible accountable.

Seek The Justice You Deserve: Call Us Today

When you are ready to discuss your situation, our wrongful death attorneys are here to listen. We can assess your case and guide you through your options. Get in touch with us today to schedule a consultation. Call our Culver City office at 310-570-2981 or send us a message through our website.