Did You Lose A Loved One To A Wrongful Death in Costa Mesa?
If you have lost a loved one to wrongful death in Costa Mesa and you are unsure of what to do next, you are on the right page. Speaking with our Costa Mesa 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. Why Seek a Costa Mesa Wrongful Death Lawyer
3. The Stages of a Wrongful Death Claim
4. Types of Costa Mesa Wrongful Death Cases
5. Who Can File a Costa Mesa Wrongful Death Claim
6. How to Prove Liability in a Wrongful Death Claim in Costa Mesa
7. Recovering Damages in a Costa Mesa Wrongful Death Claim
8. Costa Mesa Wrongful Death Attorney Frequently Asked Questions
9. How Our Costa Mesa Wrongful Death Lawyers Can Help You
Looking for the Best Costa Mesa Wrongful Death Attorney
Experiencing the unexpected and wrongful death of a loved one is an undeniably devastating loss that leads to unmeasured emotional duress. It can also cause monetary concerns, especially if the decedent was the sole earning member of your family. Even though you cannot wish your pain away, you can certainly seek the right legal help to receive financial compensation for your loss.
Chris and Franck accident attorneys have more than 30 years of combined legal experience that enables us to help thousands of people win their wrongful death cases. So, if you are looking for the best wrongful death attorney in California, come knocking on our doors.
We have the legal acumen to litigate your case effortlessly while ensuring that you are duly compensated for your irrevocable loss. Our attorneys are aware of every negligent and reckless behavior that can result in a wrongful death claim, and we will evaluate your case based on our in-depth knowledge of California law. We empathize with your loss and are committed to tipping the scale of justice in your favor.
What Is Wrongful Death?
Wrongful death is the death of an individual due to a wrongful act, breach of contract, negligence, recklessness, or violence of another individual. Essentially, you can file for the wrongful death of your loved one if their death was a direct cause of someone else’s careless, intentional, or even unintentional act, and had the deceased lived, they would have likely filed for a personal injury claim against them.
Why Seek a Costa Mesa Wrongful Death Lawyer
Pursuing a wrongful death claim can be an arduous and complex process. You will need the expertise of a reliable wrongful death attorney in California to fight insurance companies who will surely try to deny any damage claims and minimize the at-fault party’s liability. To prevent the insurance company from taking advantage of you, you will need the best wrongful death attorney in California to protect your interests while maintaining the highest standards of legal ethics.
Moreover, contrary to popular belief, much of the legal work that goes into a wrongful death lawsuit happens outside of the courtroom. It includes meticulous research documentation that entails critical elements of the lawsuit. If you understand the pre-trial proceedings, you will be better prepared for the pre-trial settlement negotiation.
The Stages of a Wrongful Death Claim:
- Pre-trial legal research and investigation
- Negotiations with insurance companies
- Discover process – requests for admissions, interrogations, depositions, and document requests
- Handing motions for summary judgment
- Trial preparation
These are all steps that only an expert wrongful death lawyer can take care of. If you put your trust in Chris and Frank Accident Attorneys, we will handle all the pre-trial details for you. We will also ensure that you receive a wide array of damages in your wrongful death case. These damages can range from medical and funeral expenses to loss of parental companionship, punitive damages, loss of income, and more. With our help, you can focus on getting your life back on track and let us handle the legal aspects of your case.
Here’s how our expert wrongful death attorneys in California can help you with your claim:
- Investigation of the claim
- Handling the insurance company and deftly avoiding their dubious tactics
- Consulting the required experts in relevant fields
- Engaging in effective communication
- Estimating the value of the claim
- Determining the defendants and fighting the case
Types of Costa Mesa Wrongful Death Cases
The untimely death of a family member can be devastating. With that said, if their death was caused by the recklessness or negligence of another individual, the surviving members of the family owe it to the deceased to file a wrongful death lawsuit. But how does one decide whether they can file for a wrongful death claim or not?
Here are some common instances in which you can file a wrongful death claim:
Road Accident Deaths
Car and roadside accidents or traffic collisions are pretty common causes of wrongful deaths. Most car accident fatalities occur due to the negligence of the drivers. This negligent behavior can include reckless driving, drunk driving, speeding, distracted driving, and more. If your loved one died due to negligence, you must file a wrongful death suit against the guilty party.
Similarly, pedestrians and motorcyclists also get killed in vehicle accidents due to the negligence of the driver. Commercial truck accidents also result in the death of innocent passersby, pedestrians, or drivers because of driver error, improper vehicle maintenance, driving under the influence, transporting oversized loads, and mechanical failures. If you hire the best wrongful death attorney in California, you can certainly file a claim against the negligent driver for the wrongful death of your loved one.
Medical malpractice is another common cause of wrongful deaths. Even though medical practitioners and healthcare experts are required to be highly trained and obligated to provide optimal care to their patients, they can fail to provide standard care and make fatal errors. Even small mistakes in diagnosis, prescription, and treatment can result in fatalities. Common errors can include using defective medical apparatus, lack of informed consent, delayed treatment, surgical errors, wrongful medication, birth injuries, anesthesia errors, and more. When a loved one dies due to such negligence, you can file a wrongful death claim against the medical professional or hospital.
Death due to Product Defectiveness
US states enact product liability laws to hold product manufacturers, designers, distributors, and retailers accountable for selling defective or dangerous products. Manufacturers have an obligation to the public to ensure that all of their products are safe to use. If a product, such as packaged food, prescription drug, vehicle parts, etc., is defective and causes the death of your loved one, you can file a wrongful death suit against the parties responsible for manufacturing and selling it.
Certain occupations come with high-risk working environments where accidents can happen because of the negligence of the employer and their failure to perform regular equipment checks. The most common workplace accidents occur because of falls, getting struck by objects, electrocution, faulty equipment, improper training, and unsafe working environments that lead to fires and explosions. If you have an experienced wrongful death lawyer working your case, you can receive appropriate compensation for your loved one’s death due to a workplace accident.
Violence Resulting in Death
Acts of violence, such as assault, child abuse, and domestic violence, can also result in the wrongful death of your loved one. If that is the case, make sure to file a wrongful death claim against the perpetrator to ensure they are held accountable for causing you unimaginable grief.
Who Can File a Costa Mesa Wrongful Death Claim
No one can deny the heartbreaking reality of losing a loved one. However, even though monetary compensation cannot bring your loved one back, it can help you maintain your standard of life despite the inconceivable loss. With that said, if you need to file a wrongful death case, you must know the laws revolving around it in your state.
In California, the state allows surviving family members of the deceased individual to file wrongful death claims to receive compensation. You can file this lawsuit against a person whose negligence, such as drunk driving or medical malpractice, resulted in your loved one’s death. However, to win the case, you must prove the following elements:
- Your loved one’s death
- The cause of death to be the negligence of the liable party
- Monetary losses of the surviving family members
- The appointment of a personal representative for the decedent’s estate.
The statute of limitation for filing a wrongful death case in California is up to 2 years. But who can sue for wrongful death in California? Here are the individuals who can file a wrongful death case when their loved one dies due to the negligence or recklessness of another individual or institution:
- The decedent’s domestic partner, surviving spouse, children, and grandchildren
- If there are no surviving children or spouse of the decedent, the person who is entitled to their property can file the case
- The putative spouse – the surviving spouse of a void marriage – who were dependent on the deceased, as well as their children
- The parents and stepchildren of the decedent
- A minor who was residing with the decedent for 180 or more days at the time of their death and was dependent on them
If you are among the aforementioned individuals and want to receive due compensation for your loved one’s wrongful death, reach out to the best wrongful death attorney in California at Chris and Franck Accident Attorneys.
How to Prove Liability in a Wrongful Death Claim in Costa Mesa
Here’s how you can prove the liability of the at-fault party in a wrongful death claim:
- The liable party owed the victim a duty of care, which essentially refers to the actions any reasonable individual would take in the same circumstances to protect another individual. For instance, if your loved one died because of medical negligence, the duty of care that their doctor owes them was to provide them with standard healthcare.
- The liable party failed to abide by their duty of care, i.e., they failed to provide your loved one with standard medical care.
- This breach caused your loved one’s death or resulted in injuries that eventually led to their death.
- Your loved one’s death caused you to face quantifiable expenses and emotional/psychological damages.
Proving all of these steps methodically will be a lot harder than it seems. You will need the help of a reliable wrongful death attorney in Orange County, CA, to help you build a strong case against the liable party. Chris and Frank Accident Attorneys can help you do just that. We will collaborate with you and the required experts to create a foolproof case against the at-fault individual or corporation.
Recovering Damages in a Costa Mesa Wrongful Death Claim
Depending on the plaintiff’s relationship with the deceased individual, you can receive a wide array of damages for our loss. If you’re a surviving family member, you will certainly recover more damages than someone who is the estate’s beneficiary. These damages ensure that you are fully compensated for your profound loss. Even though they cannot ease your suffering, they will help you financially.
Here are the damages that you can potentially recover in a wrongful death lawsuit:
• Lost protection and financial support
• Mental anguish and suffering
• Loss of parental companionship and guidance
• Loss of spousal companionship and protection
• Medical bills, funeral expenses, and burial costs
• Loss of bet accumulations, including benefits and wages that the deceased would have earned, had they lived
Costa Mesa Wrongful Death Attorney Frequently Asked Questions
Here are some questions people frequently ask regarding wrongful death cases in Costa Mesa, California:
I lost my spouse to violence, and the liable individual was arrested. Can I file a wrongful death claim against them?
Typically, you can file a wrongful death claim against an individual who was arrested or incarcerated and is undergoing the criminal process. It’s because a wrongful death claim is a civil action, which differs from a criminal investigation, even though the processes began due to the same incident. If you work with a reliable wrongful death lawyer in California, you can find the liable parties involved in the violence and seek compensation from them.
Can I recover punitive damages in a wrongful death claim in California?
Under California law, the decedent’s successors can seek economic loss and non-economic damages in a wrongful death claim. However, the only way to recover punitive damages, i.e., the payment received to punish the defendant for their egregious behavior, is by filing a survival action on behalf of the decedent’s estate.
What is a survival action?
A survival action is a claim made alongside a wrongful death claim. It demands the at-fault party to pay the damages sustained in the decedent between the time of injury and their death. These damages can include medical expenses, income loss, pain and suffering, and punitive damages. While the wrongful death claim seeks compensation for the damages faced by the loved ones of the decedent, the survival action seeks compensation for the suffering faced by the deceased while they were alive after the accident. The damages collected in a survival action go directly to the estate of the decedent.
How Our Costa Mesa Wrongful Death Lawyers Can Help You
- Free case evaluation and consultation – we will spend time with you and answer any legal queries you might have regarding your case
- Determining the liable source(s) and insurance resources
- Assessing the value of the damages that are due, including the financial and psychological impact of the decedent’s death
- Brilliant settlement negotiations on your behalf to ensure a fair settlement
- Timely filing of court-mandated paperwork
- Collecting and organizing witness testimonies and any evidence and expert opinion that can be used to support your case
- Offering unparalleled legal guidance on settlement offers and court proceedings
- Handling the entire litigation process, including opening and closing remarks, examining witnesses, and presenting evidence
- Assisting in the settlement or compensation collection
So, if you’re ready to work with the best wrongful death attorney in California, reach out to Chris and Frank Accident Attorneys today. With us, you can rest assured that you will receive the compensation you need after facing the unimaginable and harrowing loss of your loved one. Call us today at 714-882-5800 or fill out our free online case evaluation.
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