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"Jackson & Wilson
came highly recommended to us from a Superior Court Judge who is a good
friend of ours. We were pleased with both the high level of
professionalism and the constant concern for our best interest. We were
always kept well informed of the status of our case. We feel highly
confident in referring Jackson & Wilson to others."
-- Mr. Chris B (Local contractor and Laguna Niguel family man)
"Your firm helped me
through one of the most difficult time of my life. You were all so
gracious about any questions I had. The speed with which you brought my
legal case to a fair and fast conclusion was so appreciated and I am
sure I would not be in the position I am in if you hadn’t resolved it
and got the monetary help for me."
-- Ms. Elaine A. (Retired and active senior citizen)
Case Results
Most of our new clients are referred to us by past clients and other
attorneys in our community. Why? Because they know we "walk
the talk" and have the experience and expertise to get solid results.
Here are a few examples...
$5,000,000- Wrongful death and catastrophic injury
$3,347,000- Catastrophic injury and Insurance Bad Faith
$1,250,000- Wrongful death
$2,759,852- Catastrophic injury
$1,152,926- Malpractice
$1,000,000- Wrongful death
What is a Wrongful Death Case?
This involves a claim against a person or company who is legally responsible for the death of an individual. The claim is brought in a civil action, usually by close relatives (legal heirs) as provided by statute.
The death must have been caused, in whole or in part, by the defendant's conduct. The defendant can be negligent or act with intentional, willful, wanton or reckless conduct. In some instances, a party may be strictly liable for the death of another without the surviving heirs having to show any wrongdoing by the other party. The defendant must have been deemed negligent or strictly liable for the victim's death. In California, damages are available to the decedent’s heirs (certain family members) for economic losses (lost wages and benefits, medical and burial expenses) and also for loss of love, society, affection and companionship.
Wrongful conduct by the responsible party that is intentional, willful, wanton or reckless may also allow an the surviving heirs of the decedent to also receive punitive damages which are designed to punish the responsible party.
The standard of proof in the United States is typically preponderance of the evidence as opposed to clear and convincing or beyond a reasonable doubt. Because proving a case beyond a preponderance of the evidence (slight tipping of scales) is usually easier than a criminal prosecution (beyond a reasonable doubt), most wrongful death cases are handled in the civil court system. In some instances, a civil and criminal case can both be filed at the same time. For example, a person may be prosecuted criminally for causing a person's death (murder, manslaughter, criminally negligent homicide) and that same person can also be sued civilly in a wrongful death action. In civil wrongful death cases, most states have a strict statute of limitations which means that court proceedings must be properly commenced within a certain period of time after the incident or the claimant will lose his or her right to bring a claim.
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