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    The Trial Law Offices of Bradley I. Kramer recently obtained a $400,000 default judgment for fraud and breach of contract in a matter entitled Balsam v. Cerenzie.  In that matter, Mr. Michael Cerenzie defrauded Ms. Amy Balsam to the tune of $400,000 over a period of years, resulting in the total destruction of Ms. Balsam’s [...]


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    The Trial Law Offices of Bradley I. Kramer, M.D., Esq. recently obtained a $3.8 Million arbitration award against Congero Development Inc. for operating a Ponzi scheme.  Congero, based out of Laguna Niguel, California, develops surgery centers throughout California. In this case, BIKLAW represented a doctor who owned a piece of property in Yorba Linda, California. [...]


    BIKLAW retained in wrongful death case

    BIKLAW has just been retained in a wrongful death case involving erroneous prescription of medication which resulted in the hemorrhage and death of an elderly woman.


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    BIKLAW has been retained in a multi-million dollar class action case against Stanford Medical Center for unauthorized disclosure of confidential medical records of 20,000 patients.


    BIKLAW retained in multi-million dollar class action case

    BIKLAW has been retained in a multi-million dollar class action case against various California-based copy services for over-billing charges.


Beverly Hills Wrongful Death Attorney

Beverly Hills Wrongful Death Lawyer

Wrongful death is a legal claim that seeks to render monetary damages for the heirs of a person whose demise was prompted by the negligent, willful, or wrongful act, neglect, omission, or default of another.

If you or a loved one has been a victim in a Beverly Hills Wrongful Death, please call us right now at 1-888-602-3245 for a no cost, private consultation with a skilled Beverly Hills Wrongful Death lawyer.

What laws govern a wrongful death claim?

Every state has its own distinctive setup of civil “wrongful death statutes,” and some types of wrongful death claim actions are available in all state jurisdictions. Even if they do all conform with common standards, each state jurisdiction is different and laws can vary between states. There are no federal statutes for wrongful death.

If you or a family member has been a victim in a Beverly Hills Wrongful Death, please call us today at 1-888-602-3245 for a complimentary, confidential assessment with an experienced Beverly Hills Wrongful Death attorney.

What are some examples of wrongful death?

A wrongful death can occur as a result of a wide variety of situations, like:

  • Surgical malpractice which results in the decedent’s illness and ultimately, death.
  • Carelessness or possibly physical or mental abuse on the side of a nursing home that produces the decendent’s passing away.
  • An automobile, bus, train airplane or other common carrier accident.
  • Work-related direct exposure to deadly conditions or chemicals (contact with asbestos, etc.).
  • Passing away during a watched activity (sports contest, vacations, etc.).

If you or a family member has been a victim in a Beverly Hills Wrongful Death, please contact us right now at 1-888-602-3245 for a no fee, private consultation with a skilled Beverly Hills Wrongful Death lawyer.

How are wrongful death law suits submitted?

An action for wrongful death claims that the decedent was harmed as a consequence of the fault (or other accountability) on the offender’s part, and that the decedent’s immediate close family (ordinarily called “heirs”) are entitled to financial damages due to the the defendant’s acts. Typical heirs are surviving partners and kids, and periodically fathers and mothers. A suit for wrongful death can only be brought by the personal representative (executor) of the decedent’s estate. However, actions for personal injury (survival actions), conscious pain and suffering, or costs incurred before the decedent’s passing away are also commonly added to a claim for wrongful death and are litigated simultaneously.

If you or a family member has been a victim in a Beverly Hills Wrongful Death, please contact us today at 1-888-602-3245 for a no fee, private consultation with a knowledgeable Beverly Hills Wrongful Death attorney.

What damages are granted in a wrongful death suit?

Pecuniary (financial) injury is the predominant means by which damages in a wrongful death action are awarded. Courts have defined “pecuniary injuries” to encompass the loss of support, services, and diminished prospect of inheritance, as well as medical and funeral service charges. Damages also generally include interest from the day of the decedent’s passing. Punitive damages can also be awarded in cases of serious or malicious abuse to penalize the wrongdoer, and/or prevent individuals from operating in the same way.

If you or a family member has been a victim in a Beverly Hills Wrongful Death, please call us today at 1-888-602-3245 for your complimentary, confidential assessment with a skilled Beverly Hills Wrongful Death attorney.

Just how are damages awarded?

Every monetary damage awarded belongs to the estate and passes on as instructed by the decedent’s will or by the law of the state should such instructions not be specified in the will.

Do I have to retain the services of a Wrongful Death Lawyer?

If you or a family member has been a victim in a Beverly Hills Wrongful Death, please contact us right now at 1-888-602-3245 for a no cost, private assessment with a skilled Beverly Hills Wrongful Death attorney.

When a relative has passed on after a crash and/or harm because of the fault or misconduct of another woman/man, company or entity, it is important to promptly engage the services of the best peer-reviewed wrongful death lawyer in your vicinity. There are time constraints in submitting your wrongful death claim, as well as other lawful ramifications, so you should speak with a experienced wrongful death lawyer to provide you with legal advice relating to your needs and legal situation.

Wrongful Death – Overview

A “wrongful death” occurs where a person is killed as a result of the neglect or misconduct of some other individual, organization or entity. A suit for wrongful death belongs to the decedent’s immediate family (often called “heirs”). Typical heirs are remaining husbands and wives and children, and in some incidents parents. A suit for wrongful death may only be brought by the personal representative of the decedent’s estate. Each state follows a civil “wrongful death statute,” or set of laws, that will determine the process for bringing wrongful death claims. Actions for personal injury, conscious pain and suffering, or medical bills accrued prior to the decedent’s passing will also be recoverable by the decedent’s personal representative. Damages or awards from these actions belong to the estate and can pass to various people as guided by the decedent’s will.

If you or a family member has been a victim in a Beverly Hills Wrongful Death, please contact us now at 1-888-602-3245 for a complimentary, private consultation with a knowledgeable Beverly Hills Wrongful Death attorney.

Aspects of a Wrongful Death Suit

For you to obtain a winning wrongful death cause of action, the following essential elements must be proven:

  • The death of a individual;
  • Caused by another’s recklessness, or with purpose to inflict suffering;
  • The survival of members of the family that suffer monetary injuries because of the death, and;
  • The appointment of a personal adviser for the decedent’s estate.

A Wrongful Death may occur as a result of a number of conditions, including each of the following:

  • Medical malpractice that results in decedent’s death;
  • Automobile or plane injuries;
  • Work contact with hazardous circumstances or substances;
  • Criminal acts;
  • Death during a watched event or monitored exercise (such as a trainer overseeing a member’s exercise at a gym).

Damages in Wrongful Death litigation

Pecuniary, or economic, injury is the crucial measure of injuries in any wrongful death case. Courts have viewed “pecuniary injuries” as including the decrease in help, services, depleted probability of inheritance, and medical related and burial expenses. As a general rule, the laws provide that damages in a wrongful death lawsuit or wrongful death settlement should be equitable and just for the pecuniary injuries that were produced from the decedent’s death. In the instance that the heirs compensated are in charge of the decedent’s funeral or medical treatment, they may also recuperate these costs. Finally, a damage award includes interest from the date of the decedent’s passing away.

If you or a family member has been a victim in a Beverly Hills Wrongful Death, please contact us now at 1-888-602-3245 for a complimentary, confidential consultation with a skilled Beverly Hills Wrongful Death attorney.

Understanding Pecuniary Loss

When identifying pecuniary loss, it is relevant to consider the age, character and condition of the decedent, his/her money making capacity, life expectancy, health condition and intelligence, and the situations of the heirs. This determination might seem straightforward, yet it commonly develops into a difficult inquiry, remembering that the way of measuring loss is actual pecuniary loss. In most cases, the important consideration in awarding damages is the decedent’s circumstances at the time of death. For example, in cases where an adult wage earner with dependents passes away, the primary elements of the recovery are: 1) impairment of livelihood, and 2) loss of parental assistance. The jury can take into account the decedent’s wages at the time of death, the last known wages when not working, in addition to possible future wages.

Adjustments in the Jury’s Award

In a wrongful death suit, the jury establishes the size of the damages award after evaluating the evidence. The jury’s determination isn’t the final word, however, and the scale of the award can be modified up or down by the court for a number of reasons. For example, in the instance that the decedent regularly squandered their earnings, this will likely reduce the recipient’s recovery. Similarly, the courts will cut down on a jury’s award if the decedent achieved below average earnings, regardless if he or she was younger, had excellent opportunity, or was supported by a number of children. Additionally, a jury may award lost income despite the decedent’s unemployment, in the case that he or she had had been working before the incident or if the plaintiff introduced proof of the decedent’s regular wages when working. If the plaintiff isn’t able to prove the facts of the decedent’s average income, the judge may set aside the jury’s damage award and order a whole new trial.

Using Expert Testimony to Determine Pecuniary Damages

Plaintiffs can provide educated testimony of economists to determine the significance of the decedent to his family unit. Until recently, this testimony wasn’t admissible if an unemployed wife passed away, yet that guideline has been modified. In case the decedent is a stay at home wife who was not working away from the home, the monetary effect on the survivors won’t involve a lowering of income; instead, a court or a jury will be allowed to consider the greater expenditures required to keep the help that the woman was giving or would’ve delivered assuming she had survived. Considering that the court may not really end up being informed regarding the financial value of a housewife’s contribution to the household, advisors should be employed by your wrongful death lawyer to assist the court in this evaluation.

Punitive Damages

Punitive damages are awarded in circumstances of extreme or detrimental wrongdoing to penalize the wrongdoer, or dissuade others from acting in a similar fashion. In many states, a plaintiff may not collect punitive damages in a wrongful death suit. There are many states, however, which have specified statutes that permit the recovery of punitive damages. In states that do not explicitly allow or disallow punitive damages in wrongful death suits, courts have maintained punitive damages allowable. Your wrongful death lawyer should be capable to tell you whether or not a state allows for the recovery of punitive damages.

If you or a loved one has been a victim in a Beverly Hills Wrongful Death, please call us today at 1-888-602-3245 for a complimentary, confidential consultation with a skilled Beverly Hills Wrongful Death lawyer.

Survival Actions for Personal Injury

Combined with compensation for wrongful death, the heirs may recover damages for personal injury to the decedent. These are called “survival actions,” in that the personal injury action survives the one who endured the injuries. The decedent’s individual representative may bring this action together with the wrongful death action for the benefit of the decedent’s estate.

In a survival action for a decedent’s conscious pain and suffering, the court may make various requests to determine the level of damages, such as: 1) the scope of consciousness; 2) severeness of suffering; and, 3) stress of impending death, and 4) the duration of anguish.

Obtaining Assistance

When your loved one has passed away as a result of any sort of accident or injury as a consequence of the neglect or misconduct of another person, business or entity, you may be entitled to bring a lawful action for wrongful death against those to blame. Especially in light of time due dates for submitting such a claim, it is important to contact an experienced Beverly Hills wrongful death attorney immediately, to discuss your legal rights as well as your potential lawsuit.

If you or a family member has been a victim in a Beverly Hills Wrongful Death, please call us now at 1-888-602-3245 for a no fee, confidential consultation with an experienced Beverly Hills Wrongful Death lawyer.

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Testimonials

    “…I thank you for your compassion and understanding during the difficult transition that occurred following my husband’s death. You were one of the few people who actually helped me to feel calm and reclaim my life…”

    “I truly appreciate the hard work you did and your honesty…. You truly are a person of integrity!”

    “Hey Brad — Just wanted to say it was great working with you on the [ ] case.  I’ve got the feeling that you are going to be huge in this profession.  All I ask is that when you hit your first $39 million verdict, you please invite me to the after-party at your Malibu [...]

    “I’d like to thank you for taking this case and your professionalism throughout….I believe anyone we send your way will be in both competent and good hands.”

    “Counselor: I cannot BEGIN to express my sincerest appreciation and respect for you–as I have repeatedly stated, I am the newest member of the BK fan club.  Thank you for all you do and all you did–you are a gentlemen who supported me to the end and I will never forget this–a consummate professional who I [...]

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