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Santa Ana Wrongful Death Attorneys

Helping Surviving Family Members Pursue a Santa Ana Wrongful Death Claim

In the State of California, wrongful death occurs when a person dies as a result of someone else’s recklessness, carelessness, or negligence. The decedent’s survivors – or the personal representative of the decedent’s estate – bring a wrongful death claim in a California civil court and make a claim for damages against the person or entity who caused the accident.

Dealing with the recent loss of a loved one can be difficult enough without having to deal with litigation. The experienced Santa Ana personal injury lawyers at HN Injury Lawyers could handle all of the legal aspects of any wrongful death claim you decide to file, allowing you time to grieve for your lost loved one. Please call us today at (657) 333-5726 or contact us online to learn more about how we could assist you with pursuing your wrongful death case.

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California Law and Wrongful Death

When it comes to personal injury law, California is often considered a plaintiff-friendly state. Plaintiff-friendly” refers to a legal environment or set of laws that tend to be favorable to individuals who file lawsuits seeking compensation for injuries or damages. In a plaintiff-friendly system, the legal framework is designed to make it easier for the person bringing the lawsuit (the plaintiff) to seek and potentially obtain compensation from the party being sued (the defendant). This also applies to wrongful death cases in California.

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Causes of Wrongful Death

Wrongful death can occur in various circumstances where someone’s negligence, recklessness, or intentional actions lead to the death of another person. Common scenarios leading to wrongful death include:

Car accidents: Fatalities can result from motor vehicle collisions, including car, truck, motorcycle, or pedestrian accidents, often due to negligence such as speeding, distracted driving, or impaired driving. From 2020 to 2021, traffic fatalities in California rose from 3,980 to 4,285, according to the California Office of Traffic Safety.
Workplace accidents: In 2021, California work fatalities totaled 462, according to the U.S. Bureau of Labor Statistics. Fatalities occur in the workplace due to unsafe conditions, lack of proper safety measures, equipment failures, or employer negligence.
Defective products: Using a product with design defects, manufacturing flaws, or inadequate warnings and instructions can cause fatal injury.
Premises liability: Fatal accidents on another person’s property due to unsafe conditions, lack of warnings, or negligence by the property owner or manager.

Who Is Eligible To File a Wrongful Death Claim in California?

In the state of California, there are certain designated individuals who may be able to bring a wrongful death claim. Those individuals include the following:

The surviving spouse of the deceased individual
The deceased individual’s domestic partner
The surviving child or children of the deceased individual

If there is no surviving individual in this line of succession, then any person who might have a claim to the decedent’s property via intestate succession (e.g., the decedent’s parents or siblings) could make a wrongful death claim on the decedent’s behalf.

Moreover, if certain individuals were financially dependent upon the decedent during his or her lifetime, then these individuals might also be eligible to bring a claim for wrongful death. Those individuals include the following:

The decedent’s stepchildren
The decedent’s parents
The decedent’s “putative spouse,” as well as the putative spouse’s children

What Are Potential Damages in a Wrongful Death Claim?

Monetary damages are the only way of compensating individuals who file a wrongful death claim on behalf of a deceased loved one. As part of a wrongful death claim, the estate could pursue monetary compensation for all of the following:

Burial expenses
Funeral costs
Hospital bills and other medical expenses for the decedent’s last injury or illness
Lost wages, including potential lost earnings which the decedent would have likely earned if they had survived

Surviving family members could also pursue the following damages as part of a wrongful death claim in Santa Ana:

The reasonable value of the deceased loved one’s household services
Loss of the decedent’s attention, love, moral support, affection, and guidance
Loss of the decedent’s expected financial support had they survived

Why Legal Representation Is Important

Most people are reluctant to seek the professional assistance of an Orange County wrongful death lawyer. However, wrongful death cases often involve complex legal issues that necessitate specialized legal experience and knowledge to navigate effectively. Some such complexities include:

Causation issues: Your attorney can gather and present evidence to establish a direct link between the defendant’s actions or negligence and the death of the individual.
Insurance coverage issues: An experienced attorney can assess available insurance policies, explore coverage limits, and handle negotiations to ensure fair compensation for the family.
Statutes of limitations: Your attorney can ensure that the case is initiated within the prescribed deadline to avoid being barred from seeking compensation under California’s statutes of limitations.
Complex damages assessment: An experienced personal injury lawyer can accurately assess medical expenses, funeral costs, loss of income, pain and suffering, and other non-economic damages.
Multiple parties and liability issues: In cases involving multiple defendants, determining each party’s level of liability can be intricate. Your attorney can establish joint or several liability and hold each responsible party accountable for their share of the damages.

The Role of Your Santa Ana Wrongful Death Lawyer

Attorneys and their team of experienced professionals offer critical services that wrongful death claimants can benefit from, including:

Access to experts: Attorneys often work with a network of experts, including accident reconstruction specialists, medical professionals, and economists, who can provide expert opinions to strengthen the case.
Courtroom representation: In cases where a settlement cannot be reached, personal injury attorneys provide skilled representation in court. They present a compelling case to a judge and jury, skillfully advocating for the family’s rights and interests.
Maximizing compensation: An experienced attorney can maximize the compensation the family receives by exploring all available avenues for recovery, negotiating effectively, and pursuing the most favorable outcomes for the family.

The Legal Process in Wrongful Death Cases

A wrongful death attorney plays a crucial role in guiding the family through the legal process, advocating for their rights, and working to achieve a fair outcome.

Consultation with a Santa Ana wrongful death attorney: The process typically begins with the family of the deceased consulting with a wrongful death lawyer. The attorney assesses the case, discusses potential legal options, and informs the family about the applicable laws and statutes.
Investigation and evidence gathering: The attorney conducts a thorough investigation to gather evidence related to the death. This may include accident reports, witness statements, medical records, and expert opinions. Building a strong case requires establishing causation, demonstrating negligence, and assessing liability.
Filing the lawsuit: If the attorney determines that there are grounds for a wrongful death claim, they file a lawsuit on behalf of the deceased’s estate or surviving family members. The lawsuit specifies the legal basis for the claim, outlines the damages sought, and identifies the parties being sued.
Responses and discovery: Defendants respond to the lawsuit, either admitting or denying the allegations. Both parties engage in the discovery process, exchanging information and evidence relevant to the case. This may involve depositions, written interrogatories, and document requests.
Negotiations and settlements: Prior to trial, parties often engage in settlement negotiations. The plaintiff’s attorney and the defendant (or their insurance company) may negotiate a settlement to resolve the case without going to trial.
Trial: The case goes to trial, where both sides present their evidence, arguments, and witnesses to the judge and/or jury. The judge or jury determines liability and assesses damages based on the presented evidence.

Speak with a Santa Ana Wrongful Death Attorney Today

The knowledgeable attorneys at HN Injury Lawyers are ready to assist you with all aspects of your wrongful death claim. We appreciate how traumatic losing a loved one can be, and we believe in getting justice for the devastation endured by you and your family.

To schedule a free case evaluation and legal consultation, call us at (657) 333-5726 or contact us online to learn more.

Santa Ana Personal Injury Attorneys

Santa Ana Wrongful Death Lawyers