Wrongful deaths are caused due to the negligence or carelessness of another, where the liable party owed a duty of care to the victim. Wrongful death claims can be filed by the surviving family members of the deceased, but to get the compensation for the wrongful death damages suffered by the family members of the victims, the plaintiff would have to prove that an intentional, negligent action caused the death of the victim. Suppose your loved one’s life was lost because of the negligence of another in a car accident. In that case, you could recover money, funeral and burial expenses, lost wages, and compensation for other economic damages by filing a wrongful death lawsuit.
Before you file a wrongful death claim, it’s best to hire an experienced wrongful death attorney in Orange County. Schedule a free consultation with the Orange County wrongful death attorneys of Timothy J. Ryan & Associates.
Common Types of Wrongful Death Cases
Wrongful death is a painful experience for the surviving family members of the victim. They go through emotional turmoil and suffer huge financial losses, especially if the person they lost was the family’s breadwinner. Here are some of the common types of wrongful death cases.
Car Accidents and Motorcycle Accidents
Car accidents and motorcycle accidents are among the leading causes of wrongful deaths. Many accident fatalities occur due to the negligence of drivers because of speeding, distracted driving, reckless driving, or driving under the influence of alcohol.
If the accident occurred due to negligence, then the at-fault party would be liable to pay for the damages, provided that your wrongful death lawyer can prove their negligence. However, if it happened due to poor road conditions, or other road issues, then the responsibility would be with the city or county. You would need to hire an experienced Orange County personal injury attorney to establish liability in wrongful death claims.
Medical malpractice occurs when a patient loses their life due to the negligent actions of a medical care provider. Some common examples include misdiagnosis, failure to diagnose a disease or a condition, and errors during surgery. Nursing home abuse is also a common cause of wrongful death.
If a loved one died because of a defective product, you could file a wrongful death suit against the manufacturer of the product. However, it is also possible that the distributor of the product could be at fault for the malfunction. You will need a wrongful death attorney to determine the liable party responsible for the product’s defect.
Defective products can include harmful food items, defective pharmaceutical products, and unsafe products for children. At times, the manufacturers of harmful products that give no warning on their product labels can also be sued for negligence. You could also recover punitive damages from your wrongful death case.
Pedestrian accidents often lead to fatalities. While some victims only suffer serious injuries from such cases, many victims are not so lucky. Pedestrian accidents frequently cause wrongful deaths in Orange County and Newport Beach. If you want to recover compensation in Orange County or Newport Beach, schedule a free consultation with Timothy J. Ryan & Associates. We can help you recover financial compensation from the defendant and compensation for the loss of a provider of household services. We can help with all the legal issues associated with the personal injury case.
Other causes of wrongful death include semi-truck accidents, aviation accidents, and workplace accidents.
Who Can File A Wrongful Death Claim In California
Any surviving family member of the victim can file a wrongful death claim. The child of the deceased, their spouse, parents, grandchildren, or a domestic partner can file for a wrongful death claim. Apart from these individuals, any person can file a lawsuit so long they can prove they are financially dependent on the deceased. Putative spouses, children of putative spouses, stepchildren, and legal guardians of the deceased can also file a wrongful death lawsuit.
For a wrongful death claim to be won, the plaintiff would have to prove the following:
- A family member died
- The death was a result of someone’s negligent actions or intentional act to cause harm to the victim
- The surviving family member has suffered or stands to suffer financial losses as a result of the victim’s death
- There’s a personal representative appointed for the estate of the deceased.
Timothy J. Ryan & Associates law offices is a personal injury law firm that has helped several clients of wrongful death get the compensation they deserve through wrongful death claims. We begin the case by calculating all the economic and non-economic damages that you are owed, including compensation for pain and suffering, as well as for lost wages, loss of companionship, funeral and burial expenses, and more.
We also take care of all the paperwork for your case. Our skilled attorneys negotiate with the insurance company to get you the compensation you deserve. We will also represent you in the court of law if that becomes necessary. We have a good record of getting favorable wrongful death verdicts. Schedule a free consultation with us now to get highly knowledgable and experienced Orange County wrongful death attorneys working on your case.
Why Choose the Law Offices of Timothy J. Ryan & Associates
Timothy J. Ryan & Associates Law Offices is a personal injury law firm in Orange County that represents victims of all kinds of injuries and helps them get the compensation they deserve. We understand just how traumatic and painful losing a loved one can be. Mourning the loss can be an overwhelming experience; there is no reason for you to suffer the burden of building a wrongful death yourself as well. That’s where we come into the picture. Our attorneys take it upon themselves to build your wrongful death case and establish liability.
From collecting evidence to filing the paperwork and negotiating with the insurance company, we leave no stone unturned in getting you a favorable deal. Our 40 years of experience make us more than qualified to take on any sort of case. If a loved one lost their life in a car accident, schedule a free consultation with us immediately to hire the legal representation you need. You could also contact us for other kinds of personal injury claims, including slip and fall accidents.
Frequently Asked Questions
How much is a wrongful death lawsuit worth in California?
The value of a wrongful death suit can depend on several variables, including the cause of the wrongful death, the total losses that the victim suffered, and the losses the surviving family members of the victim would suffer now that they have lost a loved one. Non-economic damages are also included in the calculation. While there is no fixed value, the worth of your wrongful death lawsuit could be anywhere between $10,000 and $1,000,000. To know exactly how much you can recover from such a case, you would need to hire experienced wrongful death lawyers.
What constitutes wrongful death in California?
In California, wrongful death is when the victim loses their life as a result of someone else’s negligence. The negligent act could be in the form of a car accident, a motorcycle accident, medical malpractice, defective products, and other actions. To get any compensation for the wrongful death of a loved one, you’d have to prove negligence on the part of the responsible party. For this, you would have to hire an experienced wrongful death lawyer to help you get compensation.
Why should I hire a wrongful death attorney?
A wrongful death attorney can help you get compensation for the death of your loved one. Here is everything your lawyer can do for you:
- File a wrongful death lawsuit on your behalf
- Gather evidence to prove that the death of the victim was caused by the wrongful actions of another, be they intentional or unintentional. They can analyze police reports and collect photos and videos of the accident, statements of the witnesses, and other pieces of evidence that could help prove your case.
- Negotiate with the insurer of the at-fault party on your behalf. The insurer would try to keep the compensation amount to the minimum. Only a skilled negotiator would be able to help you recover a fair settlement.
- They can also represent you in a court of law, which would become necessary if you have to file a lawsuit because the insurance carrier refuses to give you the compensation you deserve.
- They can also provide you with moral support while you go through the ordeal of the loss of a loved one.
- A lawyer would help you with any other legal issue associated with the case.
What is the statute of limitation for wrongful death cases in California?
You can file a wrongful death claim within two years of the victim’s death, but there are certain exceptions to this rule. Contact us, and we will be able to advise you on when you should file your claim.
If a loved one suffered a wrongful death for any reason, schedule a free consultation with the law offices of Timothy J. Ryan & Associates to get started on your case.