Orange County Wrongful Death Lawyer
If you have recently lost a loved one and believe the death should have been prevented, you may have grounds for legal action. Wrongful death law, a segment of personal injury law, gives families the opportunity to seek justice for their loss. An Orange County wrongful death lawyer can evaluate your situation and help you determine how best to proceed based on your unique circumstances.
Making a timely injury claim regarding a wrongful death claim is critical to the success of your matter. Insurance companies often use lags in time to destroy evidence, or poke holes in the legitimacy and severity of your claim. The first few days after a tragedy are an important footrace against insurance companies to obtain evidence necessary for you to get justice. It’s critical for you to contact DeWitt Algorri & Algorri today at 855-WINNING (855-946-6464) or file a claim now here. Our team has handled thousands of personal injury matters throughout California since 1979 – we are the BIG GUNS that other law firms call when they need an experienced and consistently successful firm.
What Types of Situations Warrant a Wrongful Death Claim?
There are a number of situations and accidents that have the potential to result in a wrongful death. In Orange County, car accidents are the leading cause of accidental deaths. The majority of car accidents result from negligent actions like speeding, distracted driving, falling asleep at the wheel, and disregarding traffic signs and signals.
Wrongful death can also occur as the result of workplace accidents, dangerous premises, airplane crashes, etc. In general, a family has the right to pursue a wrongful death claim if their loved one would have had the opportunity to file a personal injury claim if they had survived their accident.
Wrongful Death Claim Eligibility in Orange County
Wrongful death laws are established at the state level. In California, only surviving family members are allowed to pursue a claim. However, claims can be filed on the basis of negligence or malice. Surviving families members include, but are not limited to, the following:
- Domestic partners
California followed a “one action rule,” which means that all claimants must be included in a single wrongful death suit. There may not be more than one action against the at-fault party. The one action rule is in place to protect the responsible party from multiple suits and avoid different claims results.
It is important to note that wrongful death claims are subject to California’s statute of limitations. In most instances, legal action must be taken within two years of the accident or death. However, there are exceptions. If, for example, the death resulted from medical malpractice, claimants have three years from the date of injury to take action. Meeting the statute of limitations is crucial, as failing to do so could result in case dismissal. When you work with an attorney, they will ensure all paperwork is filed on time to give you the best possible chances of a successful outcome.
Understanding Wrongful Death Compensation
There are a number of factors that go into determining the value of a wrongful death claim. To determine a fair valuation, your attorney will evaluate actual financial losses, pain and suffering, and other relevant factors. Per state law, survivors are entitled to seek the following on behalf of a decedent:
- Compensation for medical bills related to the decedent’s care prior to their death
- Expenses related to funeral and burial costs
- The amount of money the decedent would have reasonably earned in their lifetime
- Compensation for loss of financial support, companionship, etc.
Proving wrongful death can be a complicated process. However, the lawyers at DeWitt Algorri & Algorri are well-versed in applicable laws and will be able to build a strong case on your behalf that proves your family was wronged and your loved one’s death was preventable. In the event we are unable to reach a fair settlement, we can discuss further legal options and help you decide what is best for your family.
California Victim Compensation Board
As mentioned, California allows survivors to file a wrongful death claim on the basis of negligence or malice. The State Restitution Fund requires every convicted criminal to pay a restitution fine. The fee depends on the severity of the crime and the assigned penalty. Courts give restitution to cover victims’ crime-related expenses.
Unlike a wrongful death claim, there is no statute of limitations for recovering restitution payments. The process for collecting restitution varies from county to county. Your lawyer will consult with the local Victim Witness Assistance Center and the District Attorney’s Office to find out how you can receive payments.
Learn More From DeWitt Algorri & Algorri
We understand the challenges families face when experiencing the unexpected loss of a loved one. We commit to helping those families recover compensation and hold the negligent party accountable for their actions. While no amount of money can bring your loved one back, it can help your family put your loved one to rest and learn to move forward together without the fear of financial burdens. Contact a lawyer from DeWitt Algorri & Algorri at 855-WINNING (855-946-6464) or contact us online to learn more about your legal rights and options.