If someone has died because of the negligence or wrongdoing of another person, company, or government agency, that’s is considered a “wrongful death.” The family members who have lost their loved one to wrongful death may be able to file a lawsuit against those responsible and recover compensation for their loss. You can find an experienced wrongful death lawyer here at All Trial Lawyers. We are dedicated to helping victims get justice in cases involving wrongful deaths.
When you hire our firm, we will fight tirelessly on your behalf to make sure you receive the full amount of damages that you deserve under California law – including funeral expenses and medical bills as well as pain and suffering caused by the loss of your loved one. Our experienced attorneys know how much it means to families when they can finally put this difficult chapter behind them with some sense of closure after having gone through such a traumatic experience. Let us help bring peace back into your life by fighting hard on your behalf!
Contact us today for more information about our services!
What is wrongful death?
Wrongful death is a specific type of personal injury claim. In California, anybody who dies as the result of somebody else’s negligence or wrongdoing can be considered a wrongful death victim – regardless of age, gender, economic status, nationality, or citizenship. The law considers all wrongful deaths equal – because all human life deserves equal protection under the law.
Who can file a wrongful death lawsuit in Anaheim?
Wrongful death cases can be brought to court by the surviving family members of a deceased victim, including spouses, children, parents, and siblings. The estate of the deceased victim can also file a wrongful death claim on their behalf. This is true regardless of whether or not they are directly related to the victim, but acting on their behalf for purposes of filing a legal suit.
What is the difference between a wrongful death case and a regular personal injury claim?
A wrongful death case involves somebody’s death as a result of another person’s negligence or wrongdoing.
A regular personal injury case involves somebody’s physical or emotional injuries as a result of somebody else’s negligence or wrongdoing, but not their death.
Wrongful Death in a Car Accident
If you have lost a loved one in a car accident caused by another’s negligence, it is crucial to speak with an experienced Wrongful Death Lawyerin Anaheim California. Wrongful death law applies to car accidents. Car accidents account for the majority of wrongful death cases that occur, and Personal Injury Lawyers can help if your loved one died as the result of somebody else’s negligence on the road. Wrongful death law is different than regular personal injury law because it takes into account the value of the deceased person’s life to their family members that they will now never get back. Wrongful death cases hold negligent parties responsible for the financial expenses that are associated with losing a loved one in a car accident.
Our law office can help represent your personal injury lawsuit in the areas of Anaheim, Buena Park, Fullerton, Garden Grove, Santa Ana, Westminster, and throughout Orange County. If you have lost a loved one in a tragic accident caused by another’s negligence or misconduct. We offer FREE consultations to families with Wrongful Death cases. An Anaheim personal injury lawyer will work on a contingency fee basis, so you don’t have to pay any money upfront. Wrongful death cases are time-sensitive and it is crucial that you take action as soon as possible before the statute of limitations expires.
What damages can a wrongful death claim recover?
The following types of damages are available to surviving family members of deceased victims: 1) Funeral expenses, including “reasonable and necessary costs,” 2) The “economic loss” incurred by the deceased person, and 3) The pain and suffering caused to the family members of the deceased person.
Can I bring a wrongful death claim if somebody close to me dies due to medical malpractice?
Yes. California law defines medical malpractice as the “negligent or incompetent performance of any act involving the use of medical judgment, knowledge, skill, or care.” If somebody dies due to medical malpractice by a doctor or other licensed healthcare professional, their family members have the right to file a wrongful death lawsuit against them for damages arising from that person’s death.
What are the most common types of wrongful death?
Some of the most common types of wrongful death include:
1) Car accidents
2) Construction site accidents
3) Trucking accidents
4) Workplace accidents
5) Medical malpractice
6) Child abuse claims
7) Nursing home abuse and negligence cases
8) Accidental drowning at hotels and resorts
9) Plane crashes
10) Boating accidents
11) Dangerous drugs
12) Child neglect
13) Animal attacks
How long do you have to file a wrongful death lawsuit in Anaheim?
In California, you have two years from the time of your loved one‘s death to file a lawsuit in civil court. If you miss this deadline, your case will be dismissed and no further lawsuits can be brought to court on its behalf. Once the time limit has passed, the personal injury claim becomes “time-barred” and is permanently closed.
Your Insurance Company and Wrongful Death
One of the most frequent complaints that we receive at our law office is that an insurance company seems reluctant to pay out fully or quickly on a wrongful death claim. We know that families who lose loved ones in accidents often feel alone and powerless, but you should know that there are many ways to fight back against insurance companies for wrongful denials.
Here are just a few of the steps that you can take to help expedite your claim:
1. Hire an experienced attorney. Insurance companies are for-profit businesses, and they are very accustomed to running defense. When you hire an experienced wrongful death attorney, it should be very difficult for them to deny your claim without merit. There are millions of dollars at stake for the insurance company, as well as their reputation. They will not be as likely to make unreasonable decisions or offer unfair settlements if they know that you have hired an experienced attorney.
2. Reach out to your loved one‘s family and friends. We all want to handle things on our own, but it is critical that you let those closest to your loved ones know what is going on. In many wrongful death claims, the insurance company will not want to pay as quickly as you need them to because they are hoping that you will negotiate for less compensation. As soon as all of the beneficiaries are united on your side, it becomes more difficult for the insurance company to make unreasonable decisions.
3. Do not sign any documents or take any phone calls from the insurance company on your own. They may offer you a quick payment if you sign away some of your legal rights and agree to handle all further matters with them only (a “hold-harmless agreement”). These agreements are often one-sided and unfair, and they will prevent you from receiving the compensation that you deserve if you sign them.
4. Keep detailed records of all requests for payment by the insurance company as well as each phone call or document exchange that occurs between your attorney and that company. You should also keep detailed records of any conversations that you have with the insurance adjuster or any pressure they try to place on you.
5. Document any inconsistencies in the insurance company‘s story as well as each conversation that you have with them. If at first, they claim that your loved one was partially responsible for the accident before suggesting that he or she was completely at fault – be sure to write it down. The insurance adjusters may initially insist on settling quickly with you just to avoid an investigation, but as soon as they come to the conclusion that they don’t have a case – you will wish that you had recorded those statements.
6. Make sure that your loved one‘s death is investigated for all possible negligent parties and entities involved. Wrongful death claims are complicated legal matters, and the insurance company will almost always place blame on your loved one or another party to try to speed up the process. As soon as you hire an experienced wrongful death lawyer, they can investigate all possible defendants and ensure that your claim receives full compensation for all of your damages.
7. Call our experienced Wrongful Death Lawyers today. We are here to help you fight the insurance companies and get the compensation that you deserve for your loved one‘s death. If it is found that another party was responsible for your loved one‘s death, they will be brought to justice so that you can find closure. Our Wrongful Death Attorneys in Anaheim have the experience and knowledge that you need to ensure that your Wrongful Death claim is fully evaluated.
How to find the best wrongful death lawyer in Anaheim for your case?
If your loved one passed away due to somebody else’s wrongdoing, you may be entitled to compensation for the damages that their death has caused. However, you probably do not know where to begin when it comes to filing a wrongful death claim – or even what you are allowed to recover as damages. That is why it is important that you work with a wrongful death lawyer who is experienced in handling these kinds of cases and knows how to get you everything that you deserve under California law.
Our experienced wrongful death attorneys will fight aggressively for your interests by ensuring that the negligent or culpable party is held accountable for their actions, and taking the necessary steps to pursue full and fair compensation on your behalf. No matter the circumstances of your wrongful death claim, we will do everything within our power to ensure that you receive all the compensation to which you are entitled under California law – and fight relentlessly for a favorable outcome in court on your behalf.
Talk to a Wrongful Death Attorney in Anaheim, CA Today!
If you are the family member of a loved one that passed due to the negligence of someone else, call our law office today to speak to an Anaheim personal injury attorney or wrongful death attorney to see about receiving the compensation you deserve. We serve all of Southern California including Los Angeles County. Contact us today!