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We are a San Diego personal injury law firm with a strong business dispute litigation department. We specialize in personal injury, wrongful death, eminent domain, condemnation, construction defects, medical malpractice and other ar…

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Wrongful Death Blog Post

What to Do When the Worst Happens

Four years after his death, Michael Jackson’s heirs are still examining the last moments of his life in their wrongful death suit against AEG Live, his concert promoter. His heirs are suing AEG Live for negligently hiring and supervising Dr. Conrad Murray. Dr. Murray has been convicted of involuntary manslaughter in Jackson's 2009 death. The Jackson family’s expert witness, a sports medicine authority at Stanford University, testified that when AEG hired Murray as Jackson’s personal doctor, Murray made bad medical decisions that prioritized Jackson’s attendance at rehearsals over his health.

Whether you are the grieving family of a pop music icon or an average person killed by another’s negligence, as a survivor you can commence a wrongful death lawsuit against the person or entity that caused your loved one’s death. Surviving relatives have the right to bring a lawsuit for their distinct losses caused by the victim’s death in everything ranging from a car crash to medical negligence or a workplace accident.

Generally, the victim’s surviving spouse and children have priority to sue for a wrongful death. If there is no spouse and children, parents or grandparents of the deceased may then sue.

You can obtain various damages, depending on the circumstances. Economic and emotional damages include:

  • The financial support the victim would have contributed including housing, food, medical care and even some recreational expenses that would have otherwise been covered by the deceased
  • Funeral expenses
  • Value of household services
  • Loss of companionship and affection that victim provided
  • Loss of consortium, i.e., the loss of the ability to have sexual relations with the victim

Additional damages are available in certain scenarios:

  • When a sibling witnesses the death of the victim, damages for infliction of emotional distress may be available
  • A child may claim damages for the loss of guidance and training they would have otherwise received from their parent

Generally, survivors have two years to bring a wrongful death lawsuit, or they may be permanently legally barred from suing.

We are devoted to compassionate representation for family members who have lost a loved one. If you any have questions about a family tragedy, please contact our law firm for assistance.

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Thorsnes Bartolotta McGuire
2550 Fifth Avenue, 11th Floor
San Diego, California, 92103-6612 USA