WRONGFUL DEATH ATTORNEY IN FRESNO, CALIFORNIA

Wrongful death cases can be incredibly difficult to handle, as they always involve a tragic loss of life, typically due to the negligence or carelessness of another person. In a wrongful death case, the party that caused the death of another person can be held legally and financially responsible for that loss.

At the Winter Law Group, we understand how difficult this process can be for our clients, as they struggle to grieve the unexpected death of a loved one. While we cannot ease the burden of this grief, we can offer our clients peace of mind by helping them recover financially from this loss.  From the initial consultation through the ultimate resolution of the case, we will stand by your side. We offer the highest quality legal representation combined with personal service and compassion to help you recover in your Fresno wrongful death case.  

TYPES OF DAMAGES IN WRONGFUL DEATH CASES

In a wrongful death case, the plaintiff will have to prove that another party was responsible for the death of their loved one. This could happen in any number of ways, from a car accident to a defective product or even through medical malpractice. However the death occurred, the burden is on the plaintiff to show that their family member died either because of something that the other party did or something that the other party failed to do.

There are three types of damages that are potentially available in a wrongful death case: economic, non-economic and punitive damages. As a general rule, damages in a wrongful death case are limited to immediate family members such as parents, children and spouses.  

Economic damages are the financial losses that are relatively easy to prove, such as the immediate costs associated with a loved one’s death. This may include medical bills, legal costs and funeral expenses. These damages also typically include the income that has been lost as a result of the death, which is calculated by looking at the income of the person at the time of his or her death and multiplying it by the average years that a person in that profession would work, along with other factors. Economic damages often also cover basic living expenses such as mortgage payments and cash to pay bills.

Non-economic damages are much harder to prove, yet often represent the largest part of a recovery in wrongful death cases. These damages are for those intangible losses associated with a loved one’s death, such as pain and suffering, grief, loss of companionship, mental anguish and loss of consortium. Because these items do not have a set monetary value, we can use our experience and knowledge to help set an appropriate number for the enormous loss that you have experienced.

Punitive damages are rarely awarded in wrongful death cases, as they are meant to punish the person who caused the death and to deter others from similar conduct in the future. These damages are usually only awarded if the person’s conduct was more than negligent or careless, such as intentional or grossly reckless conduct.