Burlingame Wrongful Death Lawyer

Experienced Burlingame Wrongful Death Attorney Ready To Serve You

When a family member dies it is very emotional no matter what the circumstances. But when your loved one is taken away because of someone else's negligence there is a bitterness and difficulty in coping. Having counseled the loved ones of many such victims the one analogy, which is unfortunately true is, that it leaves a hole in your heart which will never be filled. While taking legal action will not bring your loved one back to you, it can hold accountable those who are responsible for your loss. Admittedly there is always an emotional conflict between wanting closure and pursuing a legal claim. But putting the loss behind you is not worth letting the wrongdoer get away with their negligence. You do not want to look back and think you should have done something only to realize that it was too late. It is very important that you seek the seek the counsel of an experienced Burlingame wrongful death attorney to discuss the situation with. Our lawyer has helped people just like you and is both understanding and compassionate with grieving clients and also relentless and committed in holding the responsible party or parties accountable.

A wrongful death is a loss which will never be made whole. It can have a huge impact on people's lives. But when a legal action is successful there can be a feeling of satisfaction even though the loved one is lost forever. It is an emotional process and you need a dedicated Burlingame wrongful death lawyer like Mr. Shapiro who will not only be able to determine whether there is a case worth pursuing based on the merits but will also be sensitive to how difficult it is to go through the process. At Shapiro Legal Group, Mr. Shapiro understands the delicacy of wrongful death suits and we will try to resolve the wrongful death claim in a tactful manner. 

Who Can Bring a Case and What are the Damages?

Criminal law and civil law serve different purposes. While some actions result in both types of cases, wrongful death lawsuits serve an important role in holding wrongdoers accountable and compensating the heirs, especially in cases of negligence that do not rise to criminal conduct. Whether the criminal justice system takes action or not, which will depend on the specifics of the case, the civil justice system serves to compensate the heirs for the very real, tangible loss felt to the family. 

A wrongful death lawsuit can be brought by the heirs of a person who is killed because of the negligence of another person or a company. The law has strict statutes which determine which heirs, or relatives, have the right to bring an action and which family members do not. In all such circumstances, it is best if the members of the deceased family work together and hire a single attorney as all eligible heirs must be included in any necessary legal action. Every case is unique and we have specific experience in dealing with all types of families. Some families are very close and everyone gets along. For other families, this is not the case. Our Burlingame wrongful death attorney has experience in working with all eligible heirs in a respectful manner so that everyone's legal interest is fairly protected and any internal difficulties do not interfere with the overall objective of compensating the loss and holding the tortfeasor (a person who commits a wrongful act) accountable.

The recoverable damages will depend on the relationship between the decedent and the heirs. There may be economic damages such as loss of earnings and funeral expenses. There can also be economic damages for the estate of the deceased to cover outstanding medical expenses for care prior to the death. There will always be non-economic damages for the loss of the relationships between the deceased and the heirs. For damages, it is important to gather evidence which will allow the deceased to be "brought back to life" in the courtroom. Videos, photographs, messages, cards, and even phone records, should all be saved so they can be reviewed.

Frequently Asked Questions (FAQs)

How much evidence do I need to prove my case “beyond a reasonable doubt”?

You don’t need to prove anything “beyond a reasonable doubt” in a civil claim seeking money damages. All you need to prove is that it is more likely than not that the defendant is liable (the “preponderance of the evidence” standard). This is a much easier standard to meet than the “beyond a reasonable doubt” standard that is used in a criminal prosecution.

My loved one was killed by a drunk driver.  The court is asking if I want restitution. How should I respond?

Victims of criminal acts are often entitled to restitution and these usually small monetary amounts can become part of the criminal’s punishment.  However, usually an heir’s wrongful death damages are far greater than the categories of expenses subject to court ordered restitution. The loss of the relationship itself, a non-economic category of damage, is often the greatest loss of all.  Generally if there is another avenue of recovery then it is preferable to explore compensation from that source instead of spending time pursuing restitution from the defendant directly. Every case is different so it is important to have the matter reviewed by a skilled Burlingame wrongful death lawyer before responding to the court.  

Can I sue a doctor for wrongful death?

Yes, you can. You can win if you can prove that the doctor’s treatment fell below the professional standard of care expected of a doctor in his position. This is normally determined by expert witness testimony. You will also have to prove that the doctor’s mistake actually caused the death.

If you suspect someone you loved was the victim of a wrongful death, please take the time to contact Mr. Shapiro to have your specific facts reviewed. Losing a loved one is a difficult thing to go through, but being in the hands of an experienced and compassionate Burlingame wrongful death lawyer is the best thing you can do.

Our experienced legal team also handle other cases, including auto vehicle accident, slip, trip and fall, and more.

Call our Burlingame wrongful death attorney today at 650-274-0180 or fill out the online form for a free consultation to discuss your case with Mr. Shapiro!