Wrongful Death Lawyers
If you’ve recently lost a loved one on account of another’s negligence or reckless actions, we are truly sorry for your loss. We understand there is no way to measure the value of a life, and yet we also know that your family is deserving of a proper recovery, closure and compensation.
When a wrongful death has occurred, it’s important to have the moral support you need and to spend time with close friends and family. The last thing you should have to concern yourself with is finding the right lawyer.
It’s a significant decision and we want to make that choice easier for you.
The wrongful death attorneys at Hodes Milman, LLP are people just like you, and we understand what you are going through. We’ll do more than just fight for your rights – we will provide you with the care and compassion you need.
If you would like personalized assistance, help is just a phone call away. You can speak with a skilled wrongful death lawyer today by calling (949) 640-8222 for a free, no obligation consultation. We are here to answer any questions you have and will help you and your family take the next step.
“I have never seen a more passionate, dedicated man at work than Mr. Hodes. He and his staff took care of us emotionally, as well.”
– Suzi K.
What Are Common Reasons for Wrongful Death Claims?
You are not alone. Many families pursue a wrongful death claim for the following reasons:
Any personal injury case can involve a wrongful death situation. However, it is highly common in medical malpractice cases, where the person’s life is often on the line and medical professionals are held to high standards of care.
Wrongful death situations can happen in connection with medical negligence and malpractice cases that involve:
- Birth injuries, especially infant brain injuries such as hypoxic-ischemic encephalopathy
- Pharmacy error, such as when a person is prescribed the wrong medication or dosage
- Medical misdiagnosis, such as breast cancer misdiagnosis and other cancer misdiagnosis cases
- Elder abuse, for instance, where an elderly person is denied access to their medication
At Hodes Milman, LLP we have extensive experience handling wrongful death cases stemming from a broad range of causes. Our attorneys will be able to provide you with the legal guidance and assistance needed for your specific case.
Why Should You File a Wrongful Death Claim?
We understand that a monetary settlement won’t bring your loved one back, and for many, filing a wrongful death claim is about meeting basic needs. This includes restitution for medical bills, lost income or even funeral and burial expenses. Rather than focusing on these things, your time and energy can be spent healing, processing and drawing near to family and friends with the comfort and peace of mind you need.
- A damages award or settlement can help with this. You can have financial support for:
- Lost income
- Medical bills
- Future financial support
- Funeral and burial expenses
- Monetary value of household assistance
- Compensation for your emotional losses
An experienced wrongful death attorney will ensure you receive the highest recovery amount possible. You won’t have to worry about making phone calls or collecting information to support your case—we will do all of it for you. You also don’t have to worry about paying any fees until we win a settlement on your behalf. It’s quite simple: if we don’t win, you don’t pay. You are protected from reimbursing these costs if we do not bring a successful case for you.
The attorneys at Hodes Milman, LLP are zealous about your rights and well-being. When choosing a wrongful death attorney, be sure to retain one who has the experience you need. While we will do all in our power to obtain the highest settlement without going to trial, rest assured—we are prepared to.
Who Can File a Wrongful Death Lawsuit?
The wrongful death attorneys at Hodes Milman, LLP serve families and individuals across parts of Arizona and Southern California, including Orange County. Each state has different laws when it comes to who can file a wrongful death lawsuit.
For California, the following parties can file a claim:
- A surviving spouse
- A domestic partner
- Surviving children
- In some cases, parents, siblings and step children may be able to file
For Arizona, the following parties can file a claim:
- A surviving spouse
- Surviving children
- The personal representative of the surviving spouse, child, parent/guardian or person’s estate
If you are considering seeking compensation for your losses, keep in mind that both California and Arizona have a statute of limitations of two years from the date of the death. This means that if you do not file a claim within this timeframe, you lose your right to seek compensation for damages altogether.
Contact a wrongful death attorney at (949) 640-8222 as soon as possible to ensure you file your claim in time. An attorney can clarify your options if you are unsure of the filing status for your case.
For over 30 years, we have stood by hundreds of clients who have been in your shoes.
What Is Needed to Prove a Wrongful Death Lawsuit?
Wrongful death lawsuits are generally based on a legal concept called “negligence.” That is, it must be shown that you lost a family member due to another person or party’s negligence.
In order to prove wrongful death based on negligence, it is necessary to show:
- The other person owed the deceased person a duty of care;
- They failed to follow that duty of care; and
- The failure to follow the duty of care caused the person’s death.
For instance, in a medical misdiagnosis case, doctors owe their patients a duty of care to ensure that they make the proper diagnosis for disease at the proper time. If they fail to follow proper diagnosing protocols and guidelines, and such failure results in the patient’s death, they may be held liable for wrongful death.
Proving that someone is liable for another’s death is a complex undertaking, and usually involves a close examination of medical records, hospital logs, training certifications, and other documents. The assistance of a wrongful death lawyer in such situations is crucial, as they will know how to formulate a proper negligence argument.
What Help Is Available for Grieving Families?
Beyond these practical needs, your emotional and mental wellness are absolutely paramount. Having a safe place to process and share what you are going through can be tremendously helpful in your recovery.
If you and your loved ones are not currently involved in a support group, speak with our team for more information about the resources available to you. Give the attorneys at Hodes Milman, LLP a call today to learn more about what you may be entitled to at (949) 640-8222.
Contact a Wrongful Death Law Firm
There is hope, and it starts with taking the first step towards your recovery. The attorneys at Hodes Milman, LLP will take care of the rest.
For over 30 years, we have stood by hundreds of clients who have been in your shoes. We know it’s hard, and you will make it.
Let us take the legal burden off your shoulders. We will handle your case with discernment, professionalism and care. Take advantage of our free legal advice and see if filing a wrongful death claim is right for you. Contact us at (949) 640-8222 for a no-cost, no-obligation consultation. We will advocate for you.
Wrongful Death Lawsuit FAQs
What is the legal definition of wrongful death?
“Wrongful death” may be defined as a death that is caused by the neglect or wrongful act of another person. In most cases, this involves the person disregarding their duty of care to the victim (for instance, if a surgeon disregards proper surgery guidelines, leading to the death of the patient).
Thus, wrongful death does not include all situations, such as death by natural causes. Another party must be found liable or responsible for the person’s death.
How long does a wrongful death lawsuit take?
There is no set time length for how long a wrongful death lawsuit takes. Each case is unique and may involve different laws and procedural rules. Generally speaking, wrongful death cases are complex and may take anywhere from several months to a year or longer.
A skilled wrongful death attorney can help ensure that court dates and requirements are being met, and that the client is informed of important developments in the lawsuit.
What is a wrongful death settlement?
Not all wrongful death claims go to trial. In many cases, the parties may attempt to “settle,” or reach an agreement on the appropriate remedy amount for the plaintiff’s surviving family members. This can often save both sides valuable time and resources that would have gone into litigation.
Settlement negotiations can occur before trial begins, or after trial has begun. An experienced wrongful death attorney can negotiate for a settlement award that is fair and just. Oftentimes, the settlement amount depends directly on the attorney’s skill during negotiations.
What do wrongful death lawyers do?
Wrongful death lawyers can provide valuable services at a time when the family is unable to handle certain tasks on their own. A wrongful death lawyer can perform tasks such as:
- Investigating the facts and circumstances surrounding the wrongful death incident
- Researching the relevant laws and statutes
- Gathering evidence like documents, statements, photos/videos, and other items
- Arguing the decedent’s case during trial phases
- Presenting a strong and credible case in court
Wrongful death attorneys will not only be familiar with the law, but will also know the ins and outs of court procedures, requirements, forms, and other details. If your family has been affected by a wrongful death, contact Hodes Milman for legal representation at (949) 640-8222. Our attorneys have the experience needed for your case, and our consultations are free of charge.
Notable Wrongful Death Case Results
At Hodes Milman, LLP our track record speaks for itself. Read a few of our notable case results for wrongful death claims:
Elder Abuse and Wrongful Death Case Resolved for $1,007,500
Benjamin Ikuta, Esq. of Hodes Milman, LLP resolved an Elder Abuse and Wrongful Death case against a Skilled Nursing Facility for $1,007,500 in January of 2021. The 94-year old elder was a known diabetic and bilateral amputee. A Skilled Nursing Facility did not check her insulin even once and falsified records stating that the patient was alert and oriented. The patient became severely hypoglycemic and died several days later.
Arbitration Award of $1,100,000 Obtained After a Man Dies Due to Heart Diagnosis Issues
A 52-year-old man died from a heart attack at work after doctors and a cardiac nurse failed to recognize his heart disease. His doctor ordered a treadmill stress test, and neither the man’s doctor nor the cardiac nurse took a detailed cardiac history before the treadmill test. When the man reported chest pain during the stress test, the test was stopped, but the circumstances surrounding the pain were not recorded.
If a detailed cardiac history had been taken before the stress test or if the nurse had recognized the serious nature of the man’s chest pain, it would have been discovered he had heart disease and appropriate treatment given. No settlement offer was made. Daniel M. Hodes took the case to arbitration, and a $1,100,000 award was issued.
Hodes Milman, LLP Settles a Failure to Diagnose/Wrongful Death Case for $1,000,000
A 48-year-old husband and father of two died of a cardiac arrhythmia that his doctor failed to diagnose. The doctor did not follow accepted standards of care and the victim died four days later. Daniel Hodes represented the deceased’s family and recovered $1 million (the limit of the doctor’s insurance coverage) in mediation, for their personal loss as well as the loss of the decedent’s support.
Learn what our former clients are saying about the quality of our legal services:
“Hodes Millman, LLP is the best personal injury lawyer team in Irvine, California. I am from North Orange County and most people up here only have the best things to say about the firm. They handle catastrophic personal injury, wrongful death and fraud cases to fight against corruption in the insurance industry. Based upon my personal experience, I highly recommend Hodes Millman, LLP to anyone who sustains injury and needs top notch litigation and passion for justice on their side.”
— A. Napolin
My husband received bad medical care and as a result almost died. I was fortunate enough to be referred to Jeff Milman. Jeff was so easy to talk to and worked so hard to get us a settlement. He kept us informed every step of the way. It was so great to have someone who believed in us after what we went through. We are forever grateful for the work he did on our behalf and would highly recommend him to anyone in our situation.
Jeff Millman was referred to us after my wife was in a very serious auto accident. He has been responsive, accessible and on top of our case from the start. Jeff is also very personable and really cares about his clients and the outcomes.
Kudos to his team as well, Brenda his assistant and Drew have been great to work with and always very responsive. We are happy to recommend them as our experience has been exceptional.
ABOUT HODES MILMAN, LLP
Hodes Milman, LLP has won $200 million and has over 30 years of experience securing justice for victims of negligence. We are proud to call our clients family and offer them the resourceful, committed and accessible legal advocacy they deserve.
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