Does birth injury law cover wrongful death cases?
Yes, birth injury law applies to wrongful death cases in California. A wrongful death lawsuit can be filed when an infant dies due to the negligent actions of a doctor, hospital, nurse, or other medical professional. In such a case, birth injury law will govern how a wrongful death suit must be filed and what damages may be recovered. The statutes of limitation for filing a wrongful death lawsuit in California are generally two years from the date of the injury or death, or one year from the date the cause of death was ascertained. It is important to begin the lawsuit in a timely manner to ensure that all necessary evidence is properly collected. The wrongful death lawsuit will depend on the situation and damages sought. Generally, however, wrongful death damages may include the costs of medical bills, pain and suffering, emotional distress, loss of income, lost earning potential, funeral expenses, and punitive damages. Additionally, surviving family members may also potentially recover for expenses that were incurred for medical care and counselling for the infant prior to their death. Furthermore, a court may look at the deceased infant’s life expectancy and award damages in more than one way to reflect loss of life expectancy had the injury not occurred. Birth injury law in California provides an avenue for families to seek justice in the event that an infant dies due to the negligence of a hospital or medical professional. It is important to seek the guidance of an experienced birth injury attorney to ensure that all available damages are recovered.
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