Wrongful Death vs. Survival Action - The Barrera Law Firm

Feb 27, 2023
Personal Injury Law

Welcome to The Barrera Law Firm, where we specialize in providing expert legal counsel for cases involving wrongful death and survival actions. With years of experience in the field, our esteemed attorney, James D Jones, has successfully represented numerous clients seeking justice for their loved ones.

Understanding Wrongful Death

If you have tragically lost a family member due to another party's negligence or intentional misconduct, you may be eligible to file a wrongful death lawsuit. Wrongful death claims aim to seek compensation for the emotional and financial losses endured by the surviving family members.

At The Barrera Law Firm, we understand the immense pain and hardship that comes with losing a loved one unexpectedly. Our compassionate team of legal experts is here to guide and support you throughout the legal process.

Proving Wrongful Death

In order to establish a successful wrongful death claim, several key elements must be proven. These typically include:

  1. Duty of Care: Demonstrating that the defendant owed a duty of care towards the deceased person
  2. Breach of Duty: Proving that the defendant failed to fulfill their duty of care, resulting in the death
  3. Causation: Establishing a direct link between the defendant's actions (or lack thereof) and the death
  4. Damages: Demonstrating the emotional and financial damages suffered by the surviving family members as a result of the death

By entrusting your wrongful death case to James D Jones and The Barrera Law Firm, you can rest assured that we will tirelessly work to build a strong case on your behalf. Our attention to detail and extensive legal knowledge provide us with a competitive edge in achieving a favorable outcome for you and your family.

Understanding Survival Action

Survival actions, while often associated with wrongful death claims, serve a distinct legal purpose. Unlike wrongful death claims that seek compensation for the surviving family members' losses, survival actions focus on recovering damages that the deceased person would have been entitled to had they survived.

Types of Damages

Survival actions typically seek damages for:

  • Pain and Suffering: Compensation for the physical and mental hardships endured by the deceased as a result of the incident
  • Medical Expenses: Reimbursement for any medical bills incurred prior to the person's death
  • Lost Wages: Recovery for the income the deceased person would have earned had they survived
  • Loss of Enjoyment of Life: Compensation for the loss of the joy, comfort, and experiences of life due to the incident

Survival actions play a pivotal role in ensuring that those responsible for the negligent or wrongful acts are held accountable, even if the victim did not survive.

Seeking Justice for Your Loved Ones

Choosing the right attorney to handle your wrongful death or survival action case is crucial. At The Barrera Law Firm, James D Jones is dedicated to providing unparalleled legal representation that truly focuses on your needs and interests.

Our extensive experience in handling complex wrongful death and survival action cases allows us to navigate the intricacies of the legal system efficiently. We will advocate fiercely on your behalf, ensuring that all legal options are explored and all avenues for compensation are pursued.

Compassionate Legal Guidance

We recognize that facing a wrongful death or survival action case can be emotionally draining. That's why we prioritize providing compassionate support to our clients, helping them through every step of the process.

When you choose James D Jones and The Barrera Law Firm, you gain a trusted legal partner who will fight passionately for justice on your behalf. We believe that your loved ones deserve to be memorialized through rightful compensation and that their memory should be honored.

Contact Us Today

If you are seeking justice for a wrongful death or survival action case, don't hesitate to reach out to James D Jones at The Barrera Law Firm. We are here to provide the legal guidance and expertise you need during this challenging time. Contact us today to schedule a consultation and take the first steps towards obtaining the justice and compensation your loved ones deserve.

Sita Panyam
So informative! 🙌
Nov 11, 2023
James Torgerson
Insightful! 👍🏻
Oct 9, 2023