Posted By Eugene Bruno & Associates Posted in: Wrongful Death.
Every day we hug our loved ones and hope that wherever they go they stay safe. As adults, we start to realize the anxiety we brought on our parents. How could they let us go to that concert? Why did we sneak out and go to that bar? These questions are even more compounded if you have children of your own. At the end of the day, we are all responsible for our own behavior. Some, however, are more willing to be accountable than others.
Our Chula Vista Wrongful Death Attorneys at the Eugene Bruno & Associates have witnessed family after family enters our offices devastated and thirsty for justice. Wrongful Death suits are hard. Not only do they take a lot of investigative work, but it requires families to relive the tragic moment over and over again. Our Wrongful Death Attorneys are ready to work day and night to ensure that the suffering is all worth it.
When filing a wrongful death claim, you must satiate several elements. Because wrongful death claims are filed as a civil suit, the threshold of proof is much lower than if the state filed a criminal suit. Both can happen at the same time, however. You can have a civil suit and criminal suit against the same person. For example, Austin Lee Kirchner pleaded guilty to voluntary manslaughter. He and his friend bludgeoned a 40-year old man who allegedly hit on Kirchner’s girlfriend. Kirchner’s friend held the 40-year old while Kirchner beat him with a metal pipe over the head. They left the scene shortly before the police showed up.
The man died two days after the event in the hospital. Family members of the man who died could file a separate wrongful death civil suit if they wish. Kirchner was found guilty, but even if he didn’t he could still be found responsible in civil court. One of the elements of wrongful death is to show the direct connection between the death of the person and the negligent or willful behavior of someone else. If there wasn’t enough proof in criminal court, you can still succeed in civil court.
Other elements you must satiate include damages of the loss of life. These damages include funeral expenses, medical expenses, loss of victim’s earnings, loss of inheritance, and loss of expected earnings. Damages also include survivor’s mental anguish and pain of losing a loved one, loss of companionship, and loss of consortium. Each amount must be detailed which is why it is so important to choose an attorney and legal team who knows what they are doing.
Our Wrongful Death Attorneys at Eugene Bruno & Associates are ready to assist you every element of the way. Our law firm delivers a 99% success rate. If you are unsure then call 888-278-6688 or click here to start a conversation with our professional attorneys at the Eugene Bruno & Associates in Chula Vista today.