Did You Lose A Loved One To A Wrongful Death In Anaheim?
If you have lost a loved one to an accident in Anaheim and you are unsure of what to do next, you are on the right page. Speaking with our Anaheim wrongful death lawyer can help guide you in the right direction and inform you of your legal rights and possibilities for compensation.
Our attorneys and professional staff are available to help you in your time of need and are here to discuss your case at your convenience. We are available to help you 24 hours a day 7 days a week.
Table of Contents
2. Who is Responsible for An Anaheim Wrongful Death?
3. Who is Allowed to File a Wrongful Death Claim?
4. What Damages Can You Recover in a Wrongful Death Case?
5. What does the Anaheim Wrongful Death Claim Process Entail?
6. How can a Qualified Anaheim Wrongful Death Attorney Help?
What could be more painful than losing your loved one due to injury caused someone else’s negligence, fault, or recklessness? It hurts, indeed! Although no amount of money can undo the wrong and bring back your loved one, those guilty of the wrongful death must be held into account.
Thus, you may qualify to file a wrongful death claim and get compensated for your loss. Working with a qualified Anaheim wrongful death lawyer ensures that you get reimbursed maximally for your funeral expenses, lost companionship, lost wages of the deceased, among other injury damages.
Curious to find out more? Perfect! In this section:
- What is wrongful death?
- Who is to blame for wrongful death?
- Who is allowed to file a wrongful death claim?
- What damages can be recovered in a wrongful death case?
- What does the wrongful death claim process entail?
- How can a qualified Anaheim wrongful death attorney help?
What is A Wrongful Death?
In a word, wrongful death, by law, is the ending of one’s life through non-natural means, either intentionally or unintentionally. For example, the perpetrator could have been negligent, reckless, or breached the deceased’s contract or warranty, leading to injury that ended a life. Also, wrongful death may arise from workplace injury accidents, death during a supervised activity, or medical malpractice in Anaheim.
Legally, you can file a wrongful death claim when your family member dies from an injury due to someone else’s fault. But to stand a chance, you must prove the following:
- The death of a human being occurred
- It (the death) was due to an act of negligence or an intentional cause of harm
- You (the surviving family members) suffered financial damages due to the loss of your loved one
- A court-appointed representative filed the wrongful death claim on behalf of the rest of the bereaved family
Who is Responsible for An Anaheim Wrongful Death?
As we mentioned above, wrongful death may arise from many scenarios, each yielding different liable parties. These include:
If your loved one dies from a road crash injury in Anaheim due to another driver’s negligent or reckless behavior, the other motorist may be held liable. That means if the (at-fault) motorist has liability insurance cover, their insurer will cover the losses. On the flip side, if the driver who caused the wrongful death was on a job duty at the time of the incident, their employer may be held liable by law for the death related injury.
If your loved one dies due to medical malpractice by a physician’s negligent actions like misdiagnosis, administering the wrong medication, failure to properly attend to the patient, surgical errors, etc., you may recover compensation for your losses. But the big question is, who, between the doctor or the hospital, should you sue for an injury that lead to death? This is usually more of a tactical than a legal decision. A competent Anaheim wrongful death attorney first determines if the doctor has enough malpractice insurance coverage. If not, we’ll sue the hospital. But as a general rule of thumb, the hospital is usually liable for its employees’ actions.
Employers are legally obligated to provide the safest environment for workers in Anaheim. And that involves conducting regular risk assessments to unmask and remedy injury hazards in the workspace or any other environment where an employee can work. The point is, if an employee succumbs to a workplace accident injury, the employer is 100% responsible for the injury.
Who is Allowed to File a Wrongful Death Claim?
First and foremost, the state of California has a 2-year Statute of Limitations. That means you should bring forth your wrongful death claim within two years, effective from the date of the incident. Back to the subject, here are the categories of people who are legally permitted to file a wrongful death claim in Anaheim:
- The surviving family members of the deceased, including the spouse, children, parents, or domestic partner. If there are no close family members, the blood relatives or adoptive siblings dependent on the deceased may also be eligible to file the claim.
- The putative spouse or children, stepchildren, and parents of the putative spouse. If you’re wondering, “putative spouse” refers to the surviving spouse of a void or voidable marriage, who the court finds to have believed in good faith that the marriage was valid.
- A minor who resided in the deceased’s (or their descendants’) household for at least 180 days. However, there’s a slight catch; the minor must have been dependent on the deceased for at least half of the support for them to qualify to file the wrongful death claim.
What Damages Can You Recover in a Wrongful Death Case?
Damages recoverable in a wrongful death claim in Anaheim fall under two categories. These include:
Damages Experienced by the Deceased from the Moment of the Negligent Act until the Time of the Wrongful Death
For instance, in the case of a car accidents, the claim would factor in the time the accident injury occurred until the victim’s eventual death due to the injuries sustained. That (the death) may happen hours, days, or weeks after the accident. Thus, the damages recoverable in this scenario include:
- Medical bills for the final ailment and injuries linked to the death
- Lost wages, benefits, and other earnings, including the income the deceased would have earned had they lived, i.e., “prospective net accumulations”
- Physical, emotional, and mental pain and suffering
- Funeral, burial, and cremation expenses (up to a reasonable amount)
Damages Experienced by the Family Members After the Deceased’s Wrongful Death
Here, the damages are meant to reimburse the surviving family for their pain and suffering and financial losses, considering they were dependent on the deceased. The damages recoverable include:
- Loss of current and future financial support
- Loss of parental guidance
- Loss of love and companionship
- Loss of moral support
- Loss of protection
- Loss of household services or assistance
- Loss of community
Determining what damages to pursue and their exact value can be challenging without the input of an experienced Anaheim wrongful death lawyer. That’s why you want to partner with award-winning lawyers to assist you in calculating the damages and prepare the necessary paperwork to argue your case in court.
What does the Anaheim Wrongful Death Claim Process Entail?
Understanding the legal process in a wrongful death claim is exceptionally vital to the claimant. That’s because most cases are usually resolved even before trial through settlement negotiations.
Besides, most of the legal proceedings in a wrongful death case often occur outside of the courtroom. We’re talking about the rigorous investigation and crafting of extensive documentation to build an unbeatable case against the accused. So here’s an outline of what the claim process entails:
- Pre-trial research and investigation
- Pre-trial negotiation with the relevant insurance companies
- Legal research
- Commencement of the wrongful death lawsuit
- The discovery process, which includes requests for admission, requests for the tabling of documents, depositions, and interrogatories
- Presentation of motions for summary judgment
How can a Qualified Anaheim Wrongful Death Attorney Help?
If your loved one died due to someone else’s negligence, recklessness, or intentional act, our highly qualified wrongful death lawyers could help. Our Anaheim wrongful death attorneys provide first-class guidance, experience, and expertise to ensure that you recover maximum compensation for your losses. And we realize that feat by:
- Offering a FREE case evaluation. Here, you get to spend time with one of our top injury lawyers, who provides answers to all your legal questions and helps you understand all the legal options at your disposal.
- Determining all sources of liability. As we mentioned earlier, wrongful death can be attributable to various causes and liable parties by law. Our competent Orange County wrongful death lawyers will get to the bottom of this, determining all the insurance companies we can approach to compensate your damages.
- Determining the worth of your case. What psychological impacts and expenses have you incurred (and will continue to incur) following your loved one’s demise? What were the deceased’s psychological and financial contributions to your family? And what benefits and earnings would the deceased have garnered for the rest of their career had they not died wrongfully? A skilled Anaheim car accident attorney will help determine all these damages and fight for their full compensation through litigation or arbitration, and settlement.
- Leading skilled negotiations. If the at-fault party’s insurer wishes to settle the wrongful death outside of the courtroom, our attorneys will negotiate on your behalf and stand firm to garner you a fair compensation offer.
- Preparing and filing the necessary paperwork. We have a lively team of attorneys and other staff who can come together to ensure that all court-required paperwork is completed and filed within the Statute of Limitations law.
- Collection of concrete evidence and witness testimony. Our injury law team has a rich network of expert witnesses, including accident reconstruction gurus and medical professionals, who we can use their assistance to help prove your case.
- Litigation. Our top-rated wrongful death lawyers will prepare and deliver opening and closing statements, create displays for effective evidence presentation, and examine witnesses to prove the case beyond a reasonable doubt.
- Any other assistance. From connecting your family with the best-in-class professionals like psychiatrists to assisting with collecting the wrongful death settlement, our attorneys won’t leave any stone unturned.
So don’t suffer silently for the negligent acts of others. Schedule a FREE consultation with our law group today by calling 949-732-1311 or fill out our free online case evaluation, and let us help you recover maximum compensation for the wrongful death of your loved one!
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