If you have recently lost a loved one in an accident that you believe was due to the negligence of another, you may be feeling overwhelmed and confused. You may not know where to turn for help, or what your next steps should be.
Fortunately, there are professionals who can guide you through the process of seeking justice and compensation for your loss. A wrongful death lawyer can help you understand your legal rights and options, and will fight tirelessly to get you the justice and compensation you deserve.
ALL Trial Lawyers are experienced wrongful death attorneys with offices in Orange County and through Southern California. We are here to help and support you in your time of need.
What Is a Wrongful Death?
According to California’s state law, a wrongful death is when one person dies as a result of the legal fault of another person or entity.
Who Can File a Wrongful Death Lawsuit?
In California, only certain family members are allowed to file a wrongful death lawsuit. This usually includes the deceased person’s spouse, children, or parents. In some cases, other family members may also be able to file, such as siblings or grandparents.
The reason that only certain family members are allowed to file suit is because they are considered to be the ones who have suffered the most harm as a result of the death. They are also the ones who are most likely to have financial losses due to the death, such as the loss of income or support.
How Much Is a Wrongful Death Case Worth?
This question can only be answered when consulting with one of our lawyers at All Trial Lawyers. Many factors must be considered when valuing a wrongful death case. Things things include:
The Age: Was the victim young or old?
The Income: How much money was the victim earning at the time of their death?
The Relationship: Was the victim your spouse, child, parent or other family member?
The Life Expectancy: How long was the victim expected to live?
What Happened: We must investigate the circumstances surrounding the death to see if it was caused by negligence or intentional wrongdoing.
At All Trial Lawyers, one of our experienced accident lawyer will help you and your family get the answers to these questions and more. We understand that this is a difficult time for you, and we will fight tirelessly to get you the justice and compensation you deserve.
What Damages Can Be Recovered in a Wrongful Death Lawsuit?
If you are successful in proving that another person is responsible for your loved one’s death, you may be able to recover damages. These can include:
Reasonable funeral and burial costs
His or her medical treatment, therapy, and hospitalization for the last injury or sickness
Future employment, medical, and retirement benefits that may have be lost
Inherited property that would have been given to surviving loved one
Any property damage caused by the accident
The value of the decedent’s personal care and support
Loss of the decedent’s care, companionship, guidance, knowledge, and love
Surviving family members’ emotional suffering, sorrow, and the disruption of their relationship
Attorney’s fees and court filing expenses
Punitive damages, depending on the defendant’s behaviors
As you can see there are numerous damages that may be available to the surviving family members. And, the amount of damages that you can recover will depend on the specific facts of your case. That is why it is important to consult with an experienced wrongful death attorney as soon as possible after your loved one’s death.
How Long Do I Have To File A Wrongful Death Claim in California?
In California, the statute of limitations for wrongful death cases is two years. This means that you have two years from the date of your loved one’s death to file a lawsuit. If the case has not been created before the two year mark, the court will likely not hear the case. There are some exceptions to this rule, so it is important to consult with an experienced wrongful death lawyer as soon as possible.
At All Trial Lawyers law office, our knowledgeable and experienced accident lawyer will guide you through every step of the process and ensure that your case is filed within the statute of limitations.
How Can a Wrongful Death Lawyer Help?
A wrongful death attorney can help you in a number of ways if you have lost a loved one due to the negligence or actions of another person. They can help you understand your legal rights and options, and will investigate the circumstances of the death to determine whether or not you have a case. If they believe you do have a case, they will gather evidence and build a strong argument to support your claim.
An orange county lawyer will also negotiate with the insurance companies on your behalf, and will fight for you to get the full amount of compensation you are owed. In some cases, a trial may be necessary, and your lawyer will be by your side every step of the way.
Things To Look For in a Wrongful Death Lawyer
When looking for a wrongful death lawyer to represent you, it is important to choose someone with the following:
Experience: Look for a lawyer who has experience handling wrongful death cases. This way you can be sure they know how to navigate the legal system and will fight for your rights.
Compassion: It is important to find a lawyer who is compassionate and understanding. They should be someone you feel comfortable talking to about your case, and who will treat you with respect.
Reputation: Look for a lawyer with a good reputation in the legal community. This can be determined by talking to other lawyers, or by reading online reviews.
Resources: Choose an orange county lawyer who has the resources necessary to handle your case. This includes things like access to expert witnesses, investigators, and financial resources.
References: Ask the lawyer for references from past clients, and take the time to speak to them. This will give you an idea of what it is like to work with the lawyer and whether or not they were satisfied with the outcome of their case.
Fees: Be sure to ask about fees upfront, and choose a lawyer who you are comfortable with. Remember that in most cases, you will only have to pay if you win your case.
Personality: Last but not least, it is important to choose a lawyer whose personality meshes well with your own. This is someone you will be working closely with, so it is important that you feel comfortable and confident in their ability to represent you.
Common Causes of Wrongful Deaths in Orange County
Every day, people die due to the negligence or intentional actions of others. While many of these deaths are accidental, some are the result of wrongful actions.
The most common causes of orange county wrongful death include:
Car accident: A car accident is one of the leading causes of wrongful death . If a driver is acting negligently or recklessly, they can be held liable for the deaths of their passengers.
Bicycle accidents: Due to the vulnerability of cyclists on the road, they are at a higher risk of being killed in a fatal accident. If a driver hits and kills a cyclist, they can be held liable.
Construction accidents: Construction sites are dangerous places, and accidents often happen. If someone is killed due to the negligence of a construction company, they can be held liable.
Criminal acts: If someone is killed due to the intentional or negligent actions of another person, they can be held liable. This includes cases of murder, manslaughter, and negligence. We have years of experience in criminal defense.
Defective products: If a product is defective and causes someone’s death, the company that manufactured or sold the product can be held responsible.
Medical malpractice: Medical errors are responsible for thousands of deaths each year. If a doctor or other medical professional makes a mistake that leads to someone’s death, they can be held liable.
Nursing home abuse: Nursing home abuse is a serious problem. If a nursing home employee abuses or neglects a resident, leading to their death, the nursing home can be held liable.
Pedestrian accidents: Pedestrians are also vulnerable on the road, and are often killed by negligent or reckless drivers.
Prescription Drugs: Prescription drugs are responsible for thousands of deaths each year. If a doctor prescribes a medication that causes someone’s death, they can be held liable.
Premises liability accidents: If someone is killed on another person’s property due to their negligence, the property owner can be held responsible.
Workplace accidents: Employers have a duty to keep their employees safe. If an employee is killed due to their employer’s negligence, the employer can be held liable.
These are just some of the most common causes of wrongful death in California. If you have lost a loved one due to the actions of another, you may be entitled to compensation.
Contact All Trial Lawyers Today – Wrongful Death Attorneys in Orange County, CA
We understand how overwhelming and stressful the wrongful death claims process can be. You shouldn’t have to go through it alone. Our experienced attorneys are here to help. We will fight for the compensation you deserve.
All Trial Lawyers is a premier personal injury law firm serving all of California. Our team of experienced attorneys has recovered millions of dollars for our clients. We have the knowledge and resources necessary to get the job done right.
If you or someone you love has been involved, don’t hesitate to contact our offices today for a free consultation. We will review your case with a free case evaluation and provide legal advice on the best course of action for your case, whether it is settling out of court or taking it to trial.
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