Engaging a wrongful death lawyer during the devastating and sudden loss of a loved one can be essential, as it’s among the most heart-wrenching experiences a family can endure. When this tragedy stems from another’s negligence or misconduct, the anguish intensifies even further.
At TORKLAW, we grasp the depth of the emotional, psychological, and financial challenges you’re confronting. Our Orange County wrongful death lawyers are unwaveringly dedicated to pursuing justice for your loved one and ensuring your family is rightly compensated.
UNDERSTANDING WRONGFUL DEATH IN ORANGE COUNTY
The law defines a wrongful death as one which is caused due to the negligence of another person or entity. For instance, if a person is killed in a car crash due to the negligence of another driver, this is covered under wrongful death. Similarly, a medical malpractice instance which causes the death of a patient is also deemed wrongful death. Wrongful death also covers deaths caused by defective products, premises liability accidents and workplace accidents.
When a person suffers a wrongful death, the law allows the legal estate of the deceased to seek compensatory damages. The at-fault driver pays these damages which are then distributed among the legal heirs of the deceased.
If you have lost a loved one in a wrongful death instance, it is important to consult with wrongful death lawyers in Orange County. A good lawyer will help you seek a fair amount of compensation and receive them as soon as possible.
COMMON CAUSES OF WRONGFUL DEATH CLAIMS
Wrongful death claims may arise out of different types of accidents resulting in death. As a general rule of thumb, any accident that is caused by someone’s negligence and results in death can lead to a wrongful death claim. Here is a look at some of the most common causes of wrongful death claims:
- Traffic Accidents: These include any and all accidents that involve an automobile. If a loved one dies in a car accident, motorcycle accident, bicycle accident, pedestrian accident, truck accident, ATV crash or any other kind of accident involving an automobile, you may be able to file a wrongful death case. However, such cases are relatively rare in single-vehicle crashes where the clear negligence of the deceased causes the fatal crash.
- Workplace Accidents: If a person dies due to a workplace injury, the estate of the deceased can seek wrongful death damages. The claim becomes a little complicated in this case due to the workers’ compensation insurance. This is why it is vital to seek the advice of Orange County wrongful death lawyers when filing a claim for workplace fatality.
- Premises Injuries: Premises injuries, including slip-and-fall accidents, that result in death may be due to the negligence of the owner of the premises. This is why it is possible to bring wrongful death lawsuits in such cases.
- Defective Products: It is the responsibility of the companies that are manufacturing, designing and marketing consumer products to ensure that they are safe. When they fail to do so and a defective product causes the death of someone, the company can be sued for damages.
- Medical Malpractice: Medical malpractice is when the negligence of a healthcare employee or entity, including a nurse or a doctor, results in the death of the patient. Malpractice cases can also be filed against the hospital or healthcare facility where the instance of negligence occurred.
- Construction Site Accidents: Accidents that occur on construction sites are often fatal. If you have a loved one who has suffered a similar tragedy, you are very likely eligible to file a wrongful death lawsuit over lack of adequate workplace safety measures.
DETERMINING LIABILITY IN A WRONGFUL DEATH CASE
Liability in a wrongful death claim can be complex. It could be an individual, a company, a governmental agency, or a combination of parties. Here’s a brief breakdown:
- Individuals: This could be a drunk driver, a negligent physician, or any other person whose actions or lack of action resulted in a death.
- Companies: If a faulty product leads to a death, the manufacturer could be held liable. Likewise, construction companies failing to ensure safe work environments leading to fatal accidents could also be at fault.
- Governmental Agencies: If, for example, a fatal accident was caused by poorly maintained roads or faulty traffic signals, a government body might be found liable.
To determine liability, it’s crucial to have an experienced Orange County wrongful death lawyer who can navigate the intricate legal landscapes and ensure that all responsible parties are held accountable.
COMPENSATION IN WRONGFUL DEATH CLAIMS
While no amount of money can bring back your loved one, compensation can help cover:
- Medical bills and funeral expenses
- Lost wages and benefits that the deceased would have provided
- Loss of companionship, moral support, and consortium
- Pain and suffering of the surviving family members
WHO CAN BE PLAINTIFF IN A WRONGFUL DEATH LAWSUIT?
In the aftermath of an unexpected death, understanding legal rights can be daunting. One crucial aspect to grasp is who can step forward as a plaintiff to represent the interests of the deceased. In Orange County, the following individuals usually have the legal standing to initiate a wrongful death claim:
- Immediate Family Members: This includes spouses, children, and in the absence of these, parents. For instance, a surviving spouse can file a claim for the loss of their partner. Similarly, if the deceased was a minor, parents can initiate the claim.
- Domestic Partners: Recognizing the changing dynamics of relationships, California law also allows registered domestic partners to file a wrongful death lawsuit.
- Financial Dependents: Those who were financially dependent on the deceased, such as stepchildren or putative spouses, might also be eligible to file.
- Distant Relatives: If direct heirs are absent, relatives such as siblings or cousins might have the authority to initiate the claim pursuant to California’s intestacy laws.
PROVING WRONGFUL DEATH IN ORANGE COUNTY
To successfully navigate a wrongful death claim, the plaintiff must establish certain facts. With the help of an experienced Orange County wrongful death lawyer from TORKLAW, you can effectively demonstrate the following:
- Duty of Care: The first step is to show that the defendant owed a duty of care to the deceased. This means that they had a responsibility to ensure the safety or well-being of the individual. For example, a driver has a duty to drive safely and not harm others on the road.
- Breach of Duty: Next, it must be proven that the defendant breached this duty. Using the same example, a driver who is intoxicated or reckless is not upholding their duty to drive safely.
- Causation: It’s not enough to show a breach of duty; the plaintiff must also demonstrate that this breach directly caused the death. This can often be the most challenging aspect to prove, as the defense might argue that other factors were responsible for the death.
- Damages: Lastly, the plaintiff needs to prove that there were actual damages resulting from the death, such as medical expenses, funeral costs, lost income, and more intangible losses like emotional distress.
Q&A: ORANGE COUNTY WRONGFUL DEATH CLAIMS
Q: Who can file a wrongful death claim in Orange County?
A: Under California Code of Civil Procedure § 377.60, survivors to the deceased, particularly immediate family, domestic partner, and others entitled to the estate, can file a wrongful death action. In specific contexts, dependent stepchildren, putative spouses, or parents may also be eligible.
Q: What’s the time limit to file a wrongful death lawsuit in Orange County?
A: The statute of limitations for wrongful death claims in California is typically two years from the date of death. However, there are exceptions, making it vital to consult with an Orange County wrongful death lawyer promptly.
Q: How is a wrongful death settlement divided among family members?
A: The division is based on each member’s loss and is determined by the court. Factors include the financial dependency on the deceased and the relationship’s nature and closeness.
Q: How long does a wrongful death lawsuit take?
A: Each case is unique, and the duration depends on the case’s complexity, the parties involved, and the evidence presented. Some cases may settle quickly out of court, while others might take years to resolve.
WHY CHOOSE A TORKLAW WRONGFUL DEATH LAWYERS?
Experience & Expertise: Our team specializes in personal injury law. We are updated on all the intricacies and nuances of wrongful death cases in Orange County.
Client-Centric Approach: Every case is unique, and every client is treated with the personal attention they deserve. We strive to understand the individual needs of our clients and tailor our legal strategies accordingly.
Proven Track Record: Our success stories speak for themselves. We have secured millions of dollars in compensation for our clients, thanks to our relentless pursuit of justice.
No Fees Unless We Win: At TORKLAW, we operate on a contingency fee basis. This means you don’t pay us unless we successfully recover compensation on your behalf.
SECURE YOUR RIGHTS WITH A TORKLAW WRONGFUL DEATH LAWYER
In the aftermath of a tragic loss, it’s essential to have dedicated professionals guiding you. If you believe your loved one’s death was due to someone else’s negligence. Reach out today to an Orange County Wrongful Death Lawyer at TORKLAW. Don’t wait; your path to justice and compensation begins with a call to TORKLAW.
Contact us today at (888) 845-9696 for a comprehensive, free consultation.