Wrongful death attorneys in Orange County
It is hard enough when a loved one dies, but when that death is unexpected, you’re going to experience a whirlwind of emotions, from shock and disbelief to anger, sadness, and even guilt, as you go through the grieving process. When your loved one dies unexpectedly, there is no time to prepare or to begin to slowly grieve your loss. Your loved one’s final wishes were never carried out, you never got the chance to say good-bye.
However, your grief can quickly turn to outrage if the unexpected death of your loved one was the result of a tragic accident that was caused by negligence or the intentional act of another party or parties.
A wrongful death occurs when a victim loses his or her life as the result of another person’s negligence, recklessness, malpractice, intentional act, or inaction. Wrongful death lawsuits are filed on behalf of the victim’s family and seek to recover damages. Unlike a criminal case in which the prosecution has to prove beyond a reasonable doubt that the defendant was guilty of the crime that they’re charged with, wrongful death lawsuits are tried in a civil court. They must be proven using a “preponderance” of evidence and are, therefore, easier to demonstrate.
Wrongful deaths include, but are not limited to, deaths resulting from:
- Car accidents
- Motorcycle accidents
- Pedestrian accidents
- Bus and trucking accidents
- Bicycle accidents
- Slip and falls
- Defective products
- Medical malpractice
- Police brutality
- Criminal acts
- Work-related accidents
The goal of a wrongful death lawsuit is to compensate the families of the victim for the loss of love, care and comfort of the deceased. In California, a victim’s spouse and children have the first right to file a wrongful death claim, followed by the victim’s parents, siblings, or other family members.
Regardless of the cause of a wrongful death, in order to have a successful wrongful death claim, the family members filing the suit have to prove the following:
- The victim’s death was caused by the negligent actions of the defendant
- The victim has surviving beneficiaries or dependents, such as a spouse or child, or other family members
- The family has suffered lost love, care and companionship and/or financial support as a result of the victim’s death
The state of California’s statute of limitation in wrongful death cases is two years. This means that you must file your claim in court within two years from the date of the deceased’s death. Seeking legal help from an experienced personal injury attorney is vital to the success of your case.
Roberts | Jeandron Law, serving clients in Santa Ana and other cities in Orange County, will work tirelessly with you and your family to ensure that the negligent or reckless parties will be held accountable for their actions.
Acting on behalf of a loved one
A wrongful death lawsuit is probably the last thing on a person’s mind after the unexpected loss of a loved one. While it’s true that no amount of money can truly compensate for the absence of your loved one, wrongful death lawsuits are important to families who need compensation for the financial and emotional hardships that they have suffered as the result of the fatal accident that caused the death of their loved one.
Damages in wrongful death cases can include any or all of the following:
- Medical and hospital expenses
- Funeral expenses
- Loss of financial support
- Loss of anticipated earnings, benefits, and inheritance
- Pain and suffering
- Mental anguish
- Loss of companionship, care, protection, love, and moral support
- Punitive damages
The most complex aspect of wrongful death cases is proving that the death of your loved one would not have happened but for the wrongful or neglectful act of the defendant. In order to do this, you must submit various types of evidence to prove, not only negligence, but causation and damages:
- Eyewitness statements
- Expert testimony
- Police reports
- Photographs of where the accident occurred
- Medical reports
- Video footage of the accident
- Logs and records (in cases involving product liability, etc)
- Examples of evidence used to prove damages include tax or financial statements and medical bills.
Advice you can trust
Proving the wrongful death of a loved one whose death was caused by another’s fault can be very challenging. At Robert Jeandron Law, Orange County attorneys for wrongful death cases, we will provide all the legal help needed to build your case, prove the elements of wrongful death, and get you the compensation that you and your family deserve.
To speak with an attorney today for legal advice about filing a wrongful death claim, contact our office to schedule a free consultation.Need help? Contact us now!