Wrongful Death
Fatal Motorcycle Accident in Palm Springs
A Bermuda Dunes man was killed when the motorcycle he was driving collided with a pickup truck at East Palm Canyon Drive and Camino Real.
Eric Strzelczyk, 29, a former Air Force sergeant who was wearing a helmet, was pronounced dead about 4:30 a.m. at the scene of the crash, Palm Springs police Sgt. Paul Abshire said.
The collision occurred when a white 1991 Ford Ranger pickup, traveling west on East Palm Canyon Drive, made a left turn onto Camino Real in front of Strzelczyk, who was heading east on East Palm Canyon.
Cause of the Palm Springs Crash
While this devastating Riverside County accident remains under investigation, the family members of the accident victim who was fatally injured would be well-advised to speak with an understanding and knowledgeable wrongful death lawyer. An attorney such as Gary A. Kessler who has successfully handled serious injury accidents can advise the victim’s family of their legal rights to hold the driver accountable and best course of action should they wish to pursue a wrongful death claim.
Motorcycle Accidents and Wrongful Death Liability
If you have been involved in a California motorcycle accident you may be entitled to compensation by the negligent party’s insurance company and/or your own if the negligent driver was uninsured or under-insured. Never proceed with a negligence claim without first obtaining legal advice from an experienced California lawyer who knows how to deal with the insurance companies and will make sure you receive maximum compensation for your injuries and damages.
California motorcycle accident lawyer Gary A. Kessler will promptly investigate the crash, determine fault, and seek to recover all legal damages.Regardless of who was at fault in the accident, victims should immediately seek the counsel of an experienced motorcycle attorney to protect your legal rights. Within the first week, important physical evidence can be lost or destroyed and witnesses may become hard to find.
The laws regarding motorcycle accidents are complex and include many facets of the law.It is vital to surviving family members to seek the advice of an experienced motorcycle accident lawyer such as Gary A. Kessler at the Law Offices of Gary A. Kessler to protect your rights and those of your loved ones.
The California motorcycle accident attorney Gary A. Kessler and the Law Offices of Gary A. Kessler are compassionate and fully understand that you are attempting to cope with extreme serious injuries associated with a motorcycle accident. Such accidents can lead to catastrophic injuries or even death. The Law Offices of Gary A. Kessler carefully selects its wrongful death and motorcycle accident cases so that we may give you (the client) the substantial personal attention necessary to obtain a successful result for your case.
Fatal Accident on Route 56
Nicholas James Reynolds Hart, 22, a 2009 graduate of Poway High School, died when a Toyota Land Rover sped out of control into the wrong lane and slammed into his car, authorities said.
Hart was driving a Scion west on state Route 56 near Black Mountain Road about 9:45 a.m. Timothy Barnette, 18, of San Diego, was eastbound when he apparently lost control of his Land Rover, veered across a grassy highway divider and struck the Scion.
Hart lived in San Diego with his father and brother, the Medical Examiner’s Office said.
Barnette remained hospitalized Friday with major injuries, California Highway Patrol spokesman Jake Sanchez said. He said accident investigators believe Barnette was driving impaired by some substance other than alcohol, and that he may face criminal charges.
Cause of the San Diego County Crash
While this devastating San Diego County accident remains under investigation, the family members of the accident victim who was fatally injured would be well-advised to speak with an understanding and knowledgeable San Diego County wrongful death lawyer. An attorney such as Gary A. Kessler who has successfully handled serious injury accidents can advise the victim’s family of their legal rights to hold the driver accountable and best course of action should they wish to pursue a personal injury claim.
Impaired driving accidents and wrongful death liability
5-year-old girl killed after being hit by SUV
A 5-year-old girl has been killed and her younger sister and a woman identified as their aunt are hospitalized after they were hit by an SUV as they crossed a street near a San Jose elementary school.
Officer Albert Morales, a San Jose police spokesman, says the three were crossing the street near Parkview Elementary School around 1:30 p.m. Tuesday when they were hit by the vehicle.
Morales says officers pronounced the 5-year-old dead. Her 2-year-old sister and aunt are expected to survive. Their names have not been released.
Officers were interviewing witnesses, but it was not clear if the three were walking in a crosswalk when they were hit.
Cause of the San Jose Crash
This remains an ongoing investigation by the San Jose Police Department. While this devastating Santa Clara County accident remains under investigation, the family members of the accident victim who was fatally injured would be well-advised to speak with an understanding and knowledgeable personal injury lawyer. An attorney such as Gary A. Kessler who has successfully handled personal injury accidents can advise the victim’s family of their legal rights to hold the driver accountable and best course of action should they wish to pursue a wrongful death claim.
Right of Way
- Pedestrians always have the right of way. So, no matter where you encounter a pedestrian on the road, they always have the right of way. This includes crosswalks, round-a-bouts, at intersections not marked with signals and at street corners. Crosswalks are sometimes defined by white lines or flashing lights. Crosswalks are outlined in yellow near schools.
California Pedestrian Law
“Under California Vehicle Code Section 21950 (a) The driver of a vehicle shall yield the right-of-way to a pedestrian crossing the roadway within any marked crosswalk or within any unmarked crosswalk at an intersection, except as otherwise provided in this chapter.
(b) This section does not relieve a pedestrian from the duty of using due care for his or her safety. No pedestrian may suddenly leave a curb or other place of safety and walk or run into the path of a vehicle that is so close as to constitute an immediate hazard. No pedestrian may unnecessarily stop or delay traffic while in a marked or unmarked crosswalk.
(c) The driver of a vehicle approaching a pedestrian within any marked or unmarked crosswalk shall exercise all due care and shall reduce the speed of the vehicle or take any other action relating to the operation of the vehicle as necessary to safeguard the safety of the pedestrian.
(d) Subdivision (b) does not relieve a driver of a vehicle from the duty of exercising due care for the safety of any pedestrian within any marked crosswalk or within any unmarked crosswalk at an intersection.”
Pedestrian Accident Statistics
Source: California Highway Patrol Statewide Integrated Traffic Report
In California, there were 598 pedestrians killed and 12,418 injured in 2009, according to the CHP traffic report.
National data compiled by the National Highway Transportation and Safety Authority shows that pedestrian injuries and fatalities in the United States were up 4.9% in 2010 to 4,280 deaths and injuries were up 19% in 2010 to 70,000 people injured.
Worker killed in forklift rollover
A forklift operator died Monday morning when his machine tipped over pinning him underneath, according to the Murrieta Police Department.
Antonio Toro, 38, of Riverside was pronounced dead at the scene, officials said. Murrieta Fire Chief Matt Shobert said paramedics were called to the construction site shortly after 6:30 a.m.
The Riverside County Coroner’s Office reported that the accident occurred at a construction site on Guava Street, approximately 50 feet west of Adams Avenue. A bridge is under construction in the area where the incident occurred, said Murrieta police Lt. Rob Firmes.
Toro was moving some equipment with a large industrial forklift, Firmes said, when he encountered some uneven ground and the machine began to rock over on its side. The forklift tipped over and Toro was ejected and pinned underneath.
Injured in a forklift accident?
Forklift trucks have proved to be an invaluable part of reducing worker load by assisting in the transport of materials across the workplace. The use of forklifts has helped reduce common musculoskeletal injuries that are caused by repetitive lifting and carrying activities. Unfortunately, improperly maintained or operated forklifts cause a large number of accidents in the workplace. According to OSHA estimates, approximately 680,400 forklift accidents take place each year. These result in injuries to approximately 9,000 employees, most of whom are pedestrian workers. Some common forklift accidents include, but are not limited to, the following:
- Employees struck by falling load
- Employees struck by powered forklifts
- Forklift tip over
- Electrocutions
- Falls from forklift
If you were involved in a forklift accident, you simply do not have the luxury of taking your time. You will likely need immediate medical attention followed by swift legal action. For help in approaching the claim process and ensuring that your rights are protected to the full extent of the law, do not hesitate to talk to an industrial accident attorney from our legal team as soon as possible. At the Law Offices of Gary A. Kessler, we have shown that we can trusted in even the most complex of litigation. Should you choose to work with us, you will be able to rest easier knowing that you will have an advocate on your side that is fully prepared to go the distance in their efforts to defend your legal rights.
Chain reaction crash kills Apple Valley woman
A woman who was killed in a Mother’s Day traffic collision was identified Monday as 30-year-old Ruby Angie Bojorquez of Apple Valley.
Bojorquez was driving a 2002 Ford Mustang when it was involved in a multi-car pile-up on northbound Interstate 15 north of Oak Hill Road at about 3:50 a.m. Sunday, according to reports from the California Highway Patrol and the San Bernardino County Sheriff-Coroner.
Bojorquez rear-ended another vehicle before her own car was rear-ended by a 2008 Chevy Malibu driven by 22-year-old Garner Hicks of Santa Ana.
Both Bojorquez and Hicks were suspected of driving under the influence of alcohol, according to the CHP.
Hicks was arrested on suspicion of DUI and gross vehicular manslaughter while intoxicated, according to a CHP release. Court records did not show an arraignment date for Hicks as of Monday evening.
Kevin Patterson, 32, of Inglewood, stopped to help before he was struck and injured by another passing vehicle. Patterson suffered minor injuries and was not transported for medical aid.
Hicks’ passenger, 22-year-old Jessica Mejia of Santa Ana, suffered minor injuries and was transported to a hospital for evaluation.
Automobile Collisions and Wrongful Death Liability
While the accident May 12 remains under investigation, the family members of the victim would be well-advised to seek immediate consultation from an experienced wrongful death lawyer. An experienced attorney can advise the victims of their legal rights and decide the best course of action in recovering the maximum compensation for their injuries, lost wages, and pain and suffering. Also, in unique and complex situations such as this one, an attorney can hire a highly skilled independent investigator to reconstruct the scene of the accident to determine who is at fault.
The Law Offices of Gary A Kessler is a prominent and highly respected law firm in California and the United States. Gary A Kessler has been serving the people as an experienced wrongful death attorney for over twenty-five years dedicated and committed to obtaining the best results for his clients in each and every case. Through experience and education, our firm is able to expertly evaluate complex medical injuries and pursue wrongful death claims.
The Law Offices of Gary A Kessler has a sustaining record of outstanding results for their client’s wrongful death cases throughout California. Our firm specializes in difficult automobile vs. tractor-trailer rig(s), collision cases, uninsured motorists cases, rollover accident cases, bus and train collision litigation, defective product liability litigation, boating collision death cases, boating capsizing and drowning cases, backyard pool drownings, Jacuzzi spa drownings, association and community pool drownings, accidental shootings, tractor-trailer and commercial vehicle fatality, fuel tank fire cases and wrongful death cases.
The term “wrongful death” is defined as the death of an individual as a result of the negligence, carelessness, intentional act of another individual, corporation, company or entity. Filing a proper wrongful death claim is extremely difficult and complex for families because they are not only dealing with their grief over the death of a beloved family member, but also complex issues of compensation as well. Wrongful death claims are usually sought after by relatives, siblings, or members of the decedent’s estate who have lost a considerable amount of money as well as loss of support and grief due to the wrongful death of the decedent.
In most states, if the death of a relative or spouse was caused by the wrongful act of another, surviving family members can file a wrongful death lawsuit against the negligent party or parties. In order to file a wrongful death claim, you must be able to prove that you will experience severe future emotional and financial hardship because of the loss of the death of a relative, family member or spouse.
Laughlin man Killed on I-40
The man killed after his Jeep Wrangler crashed into the rear of a tractor-trailer Friday morning on westbound Interstate 40, roughly 40 miles east of Barstow, has been identified as Daniel Ray Douthit of Laughlin, according to the San Bernardino County Sheriff-Coroner’s Department.
Douthit, 60, was in the number one lane near mile marker 38 when his Wrangler collided into the back of the second of two belly dump trailers being hauled by a semi, which had slowed to approximately five miles per hour, according to the coroner’s department.
The semi was part of a grinding and repaving project on the eastbound I-40 and approaching the construction zone from the opposite side, maneuvering over from the number two lane in an apparent effort to cross through a gap in the center divider, authorities said Friday.
As a result of the crash, the westbound number one lane had closed for several hours, approximately from 8:48 a.m. through 6 p.m., Barstow CHP Officer Don Spiker said Friday.
Douthit, originally believed to be in his mid-fifties, was killed on impact, according to Spiker.
Desert Ambulance and CHP responded to the scene.
Cause of the I-40 Crash
While this devastating San Bernardino County accident remains under investigation, the family members of the accident victim was fatally injured would be well-advised to speak with an understanding and knowledgeable San Bernardino County personal injury lawyer. An attorney such as Gary A. Kessler who has successfully handled wrongful death accidents can advise the victim’s family of their legal rights to hold the driver accountable and best course of action should they wish to pursue a wrongful death claim.
Liability for Serious Injuries in Car Accidents
Seeking immediate counsel from an experienced personal injury automobile accident attorney is well-advised following a car crash. In severe accidents such as this one the victims would benefit from speaking to an experienced personal injury lawyer regarding the protection of their legal rights and the compensation they are entitled to. And while it is uncertain who is liable for this incident, an attorney can also hire a highly skilled independent investigator to reconstruct the scene of the accident and determine who is responsible.
Attorney Gary A Kessler and the Law Offices of Gary A Kessler are compassionate and fully understand that you are attempting to cope with extreme serious injuries associated with a catastrophic injury. The Law Offices of Gary A Kessler carefully selects its catastrophic injury cases so that we may give you (the client) the substantial personal attention neccessary to obtain a successful result for your catastrophic injury case.
The Law Offices of Gary A Kessler is prepared to front all costs required for a thorough investigation and top expert witnesses to prepare for trial of your case. As in all catastrophic injury and serious personal injury cases, we advance all legal costs to prepare and present our client’s claim, and receive for our services only a percentage of what we recover for our attorney fees on their behalf. Upon settlement our costs shall be reimbursed to us from the gross recovery. If there is no recovery, no attorneys fees or costs are owed to our firm. Contact the Law Offices of Gary A Kessler today so that we can preserve the evidence and demand compensation and accountability from the responsible parties who caused you or your family member catastrophic injuries!
If you or a family member sustained catastrophic injuries you need to contact the Law Offices of Gary A Kessler, an experienced law firm, immediately to protect your legal rights and preserve the evidence. The laws and time limitations can be complex so protect your legal rights by contacting the Law Offices of Gary A Kessler today.
CHP is investigating.
Two people killed in collision with Sound Transit bus
The Washington State Patrol says a Sound Transit bus traveled about two miles after being involved in a crash on Interstate 405 in Kirkland that killed two elderly people.
Trooper Julie Judson said several passengers on the bus called 911 Monday night to report that it had been in at least one collision and wasn’t stopping.
The bus hit a 2010 Ford Escape at 128th Street, but the bus continued to 160th before stopping.
Robert Rotta, 76, was a passenger in the SUV who died at the scene. Elizabeth Rotta, 75, was pronounced dead at Harborview Medical Center in Seattle at 2:12 a.m. Tuesday.
The driver of the SUV, 51-year-old Kendall Rota, was also transported to Harborview. He is in satisfactory condition.
The bus driver told troopers his brakes weren’t working, and that’s why he didn’t stop sooner. Troopers were investigating the condition of the bus, along with the cause of the accident.
“A piece of this will obviously be the inspection of the bus, establishing if there were any defects or if that was something that the driver felt was happening that didn’t occur,” said Judson.
Washington State Patrol spent the night analyzing the crime scene. Today, a full inspection of the bus will take place as troopers try to identify the cause of the accident.
Fatal Collision in Temecula
On Monday May 6, 2013, at about 2:45 PM officers from the Temecula Police Department responded to a report of a traffic collision at the intersection of Rancho California Road and Town Center in the city of Temecula. Upon arrival, witnesses told officers that a male in a full-size truck was traveling west on Rancho California Road when he failed to stop at the signal light at Town Center. The truck struck a gold Pontiac then spun out and struck a gold Saturn. The truck came to rest facing east on Rancho California Road.
The Pontiac and Saturn were heavily damaged and remained in the intersection. Each vehicle contained one female occupant.
The suspect then fled the scene east on Rancho California Road and into the Temecula Town Center shopping center. He was located and detained at that location by officers.
The driver of the Pontiac, a 27-year-old female from Escondido and the driver of the Saturn, a 38-year-old female from Corona were transported to local hospitals. The 27-year-old female succumbed to her injuries and was pronounced dead at the hospital.
The driver of the truck, Travis Hughes Braswell, 63 years old from Menifee, was transported to a local hospital, treated and released. He was then arrested and booked at the Southwest Detention Center for vehicular homicide and hit and run.
This investigation is still ongoing.
Automobile Collisions and Personal Injury Liability
While the accident on May 6 remains under investigation, the family members of the victims would be well-advised to seek immediate consultation from an experienced personal injury lawyer. An experienced attorney can advise the victims of their legal rights and decide the best course of action in recovering the maximum compensation for their injuries, lost wages, and pain and suffering. Also, in unique and complex situations such as this one, an attorney can hire a highly skilled independent investigator to reconstruct the scene of the accident.
The Law Offices of Gary A Kessler is a prominent and highly respected law firm in California and the United States. Gary A Kessler has been serving the people as an experienced personal injury attorney for over twenty-five years dedicated and committed to obtaining the best results for his clients in each and every case. Through experience and education, our firm is able to expertly evaluate complex medical injuries and pursue personal injury claims.
The Law Offices of Gary A Kessler has a sustaining record of outstanding results for their client’s personal injury cases throughout California. Our firm specializes in difficult automobile vs. tractor-trailer rig(s), collision cases, uninsured motorists cases, rollover accident cases, bus and train collision litigation, defective product liability litigation, boating collision death cases, boating capsizing and drowning cases, backyard pool drownings, jacuzzi spa drownings, association and community pool drownings, accidental shootings, tractor-trailer and commercial vehicle fatality, fuel tank fire cases and wrongful death cases.
The term “wrongful death” is defined as the death of an individual as a result of the negligence, carelessness, intentional act of another individual, corporation, company or entity. Filing a proper wrongful death claim is extremely difficult and complex for families because they are not only dealing with their grief over the death of a beloved family member, but also complex issues of compensation as well. Wrongful death claims are usually sought after by relatives, siblings, or members of the decedent’s estate who have lost a considerable amount of money as well as loss of support and grief due to the wrongful death of the decedent.
In most states, if the death of a relative or spouse was caused by the wrongful act of another, surviving family members can file a wrongful death lawsuit against the negligent party or parties. In order to file a wrongful death claim, you must be able to prove that you will experience severe future emotional and financial hardship because of the loss of the death of a relative, family member or spouse.
Motorcycle Passenger Killed On Antelope Road
The name of a motorcycle passenger who was ejected from the vehicle during a lane-splitting stop has been released.
The Sacramento County Coroner’s office has identified her as Snezhana Pavlova, 20, of Sacramento.
The fatal incident occurred at about 4 p.m. Saturday on Antelope Road, west of Roseville Road, according to a California Highway Patrol incident report.
The driver of the motorcycle – a 21-year-old Rio Linda man – was riding his red Honda CBR motorcycle east on Antelope Road, splitting between the No. 2 and No. 3 lanes at 25 mph to 35 mph, the CHP said.
The motorcycle came upon a Dodge 2500 pickup stopped at the intersection of Antelope and Roseville roads. Because that truck was pulling a car trailer, the motorcyclist had no room to continue lane splitting and attempted to brake quickly, the report said.
Application of the front brakes caused the motorcycle to flip forward, ejecting Pavlova She was pronounced dead on the scene.
The motorcycle driver was transported to Mercy San Juan Medical Center with major injuries.
Cause of the Sacramento Crash
While this devastating Sacramento County accident remains under investigation, the family members of the accident victim who was fatally injured would be well-advised to speak with an understanding and knowledgeable wrongful death lawyer. An attorney such as Gary A. Kessler who has successfully handled serious injury accidents can advise the victim’s family of their legal rights to hold the driver accountable and best course of action should they wish to pursue a wrongful death claim.
Motorcycle Accidents and Wrongful Death Liability
If you have been involved in a California motorcycle accident you may be entitled to compensation by the negligent party’s insurance company and/or your own if the negligent driver was uninsured or under-insured. Never proceed with a negligence claim without first obtaining legal advice from an experienced California lawyer who knows how to deal with the insurance companies and will make sure you receive maximum compensation for your injuries and damages.
California motorcycle accident lawyer Gary A. Kessler will promptly investigate the crash, determine fault, and seek to recover all legal damages.
Regardless of who was at fault in the accident, victims should immediately seek the counsel of an experienced motorcycle attorney to protect your legal rights. Within the first week, important physical evidence can be lost or destroyed and witnesses may become hard to find.
The laws regarding motorcycle accidents are complex and include many facets of the law.It is vital to surviving family members to seek the advice of an experienced motorcycle accident lawyer such as Gary A. Kessler at the Law Offices of Gary A. Kessler to protect your rights and those of your loved ones.
The California motorcycle accident attorney Gary A. Kessler and the Law Offices of Gary A. Kessler are compassionate and fully understand that you are attempting to cope with extreme serious injuries associated with a motorcycle accident. Such accidents can lead to catastrophic injuries or even death. The Law Offices of Gary A. Kessler carefully selects its wrongful death and motorcycle accident cases so that we may give you (the client) the substantial personal attention necessary to obtain a successful result for your case.
Five women killed in San Mateo Bridge limo fire
A limousine in the San Francisco area caught fire Saturday night while carrying nine women. Four of the passengers and the male driver managed to escape, but five of the women died in the blaze.
The limousine traveling on a major bridge in the San Francisco Bay area burst into flames, killing five female passengers who were trapped inside and injuring four others who escaped, authorities said Sunday.
The limo was carrying nine female passengers and a male driver when it caught fire late Saturday on the San Mateo bridge, California Highway Patrol officer Art Montiel told The Associated Press.
Five occupants became trapped, while four others suffered injuries but managed to get out after the vehicle came to a stop on the bridge, the patrol said. The driver escaped uninjured.
Montiel said that the victims were all in their 30s. Authorities said the names of the dead would be released once families have been notified.
The blaze occurred around 10 p.m. on westbound lanes of the bridge, which connects San Mateo and Alameda counties, about 20 miles southeast of San Francisco.
The patrol said that smoke started coming out of the rear of the limo, and the driver pulled over as the vehicle quickly became engulfed in flames. Officers were trying to determine the cause of the blaze, which wasn’t the result of an accident.
“We have no idea right now where they were going or where they were coming from,” CHP officer Amelia Jack told KGO-TV.
Two of the women who escaped were taken to Stanford Hospital and the two others were taken to Valley Medical Center in San Jose. All four are being treated for smoke inhalation and burns.
The mother of one of the survivors of a limousine fire that killed five women when it burst into flames as it traveled over a busy San Francisco Bay bridge says the women were heading to a bachelorette party.
Rosita Guardiano tells the San Francisco Chronicle that the bride-to-be was one of the people killed in the Saturday night fire on theSan Mateo-Hayward Bridge. She says the woman was to be married next month.
Guardiano says her daughter — 42-year-old Mary Grace Guardiano of Alameda — is in intensive care, where she’s being treated for smoke inhalation. Three other woman also suffered smoke inhalation and burns.
Automobile Collisions and Wrongful Death Liability
While the accident May 4 remains under investigation, the family members of the victim would be well-advised to seek immediate consultation from an experienced wrongful death lawyer. An experienced attorney can advise the victims of their legal rights and decide the best course of action in recovering the maximum compensation for their injuries, lost wages, and pain and suffering. Also, in unique and complex situations such as this one, an attorney can hire a highly skilled independent investigator to reconstruct the scene of the accident.
The Law Offices of Gary A Kessler is a prominent and highly respected law firm in California and the United States. Gary A Kessler has been serving the people as an experienced wrongful death attorney for over twenty-five years dedicated and committed to obtaining the best results for his clients in each and every case. Through experience and education, our firm is able to expertly evaluate complex medical injuries and pursue wrongful death claims.
The Law Offices of Gary A Kessler has a sustaining record of outstanding results for their client’s wrongful death cases throughout California. Our firm specializes in difficult automobile vs. tractor-trailer rig(s), collision cases, uninsured motorists cases, rollover accident cases, bus and train collision litigation, defective product liability litigation, boating collision death cases, boating capsizing and drowning cases, backyard pool drownings, Jacuzzi spa drownings, association and community pool drownings, accidental shootings, tractor-trailer and commercial vehicle fatality, fuel tank fire cases and wrongful death cases.
The term “wrongful death” is defined as the death of an individual as a result of the negligence, carelessness, intentional act of another individual, corporation, company or entity. Filing a proper wrongful death claim is extremely difficult and complex for families because they are not only dealing with their grief over the death of a beloved family member, but also complex issues of compensation as well. Wrongful death claims are usually sought after by relatives, siblings, or members of the decedent’s estate who have lost a considerable amount of money as well as loss of support and grief due to the wrongful death of the decedent.
In most states, if the death of a relative or spouse was caused by the wrongful act of another, surviving family members can file a wrongful death lawsuit against the negligent party or parties. In order to file a wrongful death claim, you must be able to prove that you will experience severe future emotional and financial hardship because of the loss of the death of a relative, family member or spouse.