Law Practice Areas:Wrongful Death Lawyers
We Provide Compassion and Care During the Wrongful Death Lawsuit
It is difficult to lose someone you love under any circumstance, but when someone you love dies due to the negligence, recklessness or unintentional harm it is devastating. The wrongful death attorneys of Garcia, Artigliere & Medby know that when you lose a loved one to a reckless act it can be overwhelming to deal with this painful situation and cope with the financial stresses of lost wages, extreme medical expenses and funeral planning. We can help navigate your legal rights during this difficult time by offering offices nationwide including California, Florida, Arizona, Washington and Kentucky.
Types of Wrongful Death
According to 2011 reports, unintentional injury was the number one cause of death for people ages 1-44 years old. This category of death ranges from motor vehicle accidents to drowning and from consumer products to poisoning. The top ten leading causes of injury and unintentional deaths are:
- Nursing home abuse – This can include suffocation, overdose, mismanaged medication, incorrect diagnosis and improper care of elderly persons.
- Pool drowning – Every day about 10 people die from unintentional drowning annually in the U.S. making it the fifth leading cause of unintentional death.
- Motor vehicle accident – This is one of the top leading cause of wrongful death in the U.S. In 2009, more than 2.3 million adult drivers and passengers were treated in the hospital emergency room for motor vehicle accidents.
- Food poisoning – Illness and death related to food poisoning effects thousands of people every year, according to reports. Food borne diseases are an important public healthcare problem in the U.S. that needs careful consideration and review to determine the cause and further prevention.
- Burns, falls, injury to the body – Unintentional injuries to the body can happen when someone is not being cared for properly like minors and the elderly, work-related incidents and any accident due to negligence, recklessness or wrongful intentions.
- Motorcycle accidents – Proper use of helmets can reduce the risk of death by 37 percent, making it the number one life saving device a motorcycle driver can use in order to avoid wrongful death.
- Defective products – Product liability can hold suppliers, manufacturers, distributors and retailers accountable for the release and sale of this product to consumers when it results in a wrongful death lawsuit.
- Construction/Industrial accident – Every year thousands of workers are placed in harm’s way and suffer serious injury and even death while at work. Depending on labor conditions and type of employment workplaces have certain safety requirement protocol that has to be followed daily
- Emergency room malpractice – Emergency rooms (ER) can be chaotic and present many challenges to the medical professionals tending to the ill, injured or dying. Overcrowded waiting rooms, stressed medical professionals who are overworked and impatient victims all add to the probability of error related medical malpractice. Medical errors that occur in the ER can have devastating effects for the patients who are there to get immediate help.
- Anesthesia malpractice – Death can result from any problem related to anesthetic including a patient’s reaction and improper dosage treatment. In a 2002 annual report, 467 medical malpractice payments were made due to anesthesia related medical malpractice.
Frequently Asked Questions About Determining a Wrongful Death Claim
Q: What are the requirements to file a wrongful death lawsuit?
A: The state law will define which representative is able to file the wrongful death suit. It most states the representative party could be a spouse, children or sometimes close relatives may be able to bring a lawsuit.
Q: What is the statute of limitations for filing a wrongful death claim?
A: State law determines the time frame for filing a lawsuit. Usually, the date of the incident starts the clock or in some instances, the date of discovering the incident sets the start date.
Q: How is the amount of the damages determined?
A: Determining the amount of damages can be complex. Some factors that will go into determining the amount is the injured person’s medical bills, burial expenses, future earning potential and pain and suffering for the surviving family members.
Q: What are “survival statutes”?
A: If an injured party files a lawsuit and then dies before the case is finalized, the survivors or beneficiaries can continue the suit on behalf of the deceased.
Q: What if the victim who died doesn’t have a will?
A: A wrongful death claim will not be affected by the existence or non-existence of a will.
Q: Does a wrongful death lawsuit differ by state?
A: Yes. Some of the major challenges of pursuing a wrongful death lawsuit will vary by state guidelines. Wrongful death is a tort, or civil wrong governed by statute in every state and includes any limitations the court may apply to an award of damages. The wrongful death attorney will be able to determine what the guidelines of the territory are and apply it to your specific case.
About our Wrongful Death Attorneys
At Garcia, Artigliere & Medby we are committed to helping injured people and disenfranchised consumers in litigation involving a wrongful death lawsuit. Since 2003, our wrongful death attorneys have been helping families through a difficult time while providing assistance to navigate through all the complexities of a wrongful death case. We know that nothing can ever truly compensate you for the pain, suffering, loss and hardship you have endured due to wrongful death. However, we believe that our work will help alleviate some of your financial burdens you would face if you were not able to obtain justice.
For additional information contact us today at 800.281.8515 or lawgarcia.com for a free, no obligation and confidential consultation. There is no fee-not even court costs- unless we win your case.