Are Wrongful Death Suits Hard to Win?
By Roger Sisneros | Published on March 19, 2012 | 0 Comments
There is a lot on the line in a wrongful death suit. The damages that are sought are usually significant, and the issues at hand may be complex and contested. It is serious legal business to claim that a death was caused by negligence, and it is crucial that anyone who is contemplating bringing a wrongful death claim to court hire an attorney who is experienced in these matters.
Roger Sisneros is one such lawyer. A partner at the Law Offices or Arnold Laub, and specialist in the field of wrongful death law, the San Francisco lawyer has decades of experience in the field. And as he explains, there are several factors that tend to make wrongful death cases particularly complex.
One aspect in particular sets these matters apart from other personal injury, malpractice, or liability suits: In wrongful death cases, unlike other civil claims, the victim is not the one bringing suit.
Sisneros, the wrongful death law practitioner from San Francisco, explains that in most every other personal injury action, the alleged victim is present at the trial and testifying. Except for cases where the victim is too young or too incapacitated, negligence suits usually proceed at the behest of the victim. Such is not the case for wrongful death suits.
Legal precedent has a handed down a pecking order of sorts for wrongful death claims. In California, explains the San Francisco wrongful death law specialist Sisneros, a deceased person’s spouse is next in line, followed by minor children, adult children, parents, and siblings. However, the legal legwork of assembling family members into one party to bring suit can be logistically and emotionally challenging.
In many cases, it’s necessary to assemble a group of kin, such as brothers and sisters, into one party. When family disputes are on the table as well, it can be immensely challenging to cobble together this group into one party. Yet if surviving family are in dispute over how to bring suit, or they resist joining the party bringing suit, complications can emerge.
So the inherent complications of wrongful death claims are often compounded by familial dynamics. While there’s no hard-and-fast rule for resolving these issues, Sisneros advises Californians to find a lawyer who is experienced in handling not only the technical aspects of these matters, but also the emotional challenges that are often present along with the case. Few firms are better suited to these challenges than the Law Offices of Arnold Laub – one of the largest personal injury firms in the country and a leader in many important litigation arenas. Headed by Mr. Laub himself and a team of accomplished attorneys, the wrongful death specialists from San Francisco have a record of success rivaled by few.
*Disclaimer: This article is for informational purposes only. You should not rely on this article as a legal opinion on any specific facts or circumstances, and you should not act upon this information without seeking professional counsel. Publication of this article and your receipt of this article does not create an attorney-client relationship.