It’s reasonable to expect that you’ll lose a loved one at some point or another, either due to illness or old age. However, it can be painful and traumatic to experience the sudden loss of a loved one due to an accident, especially one that could’ve been prevented. If you’ve lost a loved one in a wrongful death accident in Irvine, you may be entitled to compensation.
Contact the Irvine personal injury attorneys of OnderLaw, LLC to provide you and your family with compassionate and top-notch legal representation. Give us a call or contact us online to schedule a FREE consultation.
Wrongful death occurs when someone is killed due to the negligence or misconduct of another person. A wrongful death lawsuit is not to be confused with criminal prosecution—the two are separate and distinct. However, criminal charges may be related to the fatality. A wrongful death lawsuit may be filed in civil court to attempt to recover financial compensation from the at-fault party.
There are several instances in which a wrongful death may occur, such as negligence-based accidents (motor vehicle accidents), medical malpractice, and intentional acts (crimes). As with other personal injury accidents, compensation comes in the form of “damages” payable to the immediate family (spouse, children, or parents) of the decedent.
If a negligent party is found to be responsible for the death of your loved one, they can be held responsible for paying damages to you and your family.
According to the California wrongful death statute, those eligible to file a wrongful death lawsuit include:
If the deceased has no survivors in their line of descent, a wrongful death lawsuit may be brought by the decedent’s parents or siblings, depending on who is living at the time of death.
Additionally, the following people can seek to file a wrongful death lawsuit if they can prove that they were financially or otherwise dependent on the decedent:
Compensation for wrongful death is not unlike other personal injury cases. However, there are some differences. The most common forms of compensation available to the family of the decedent following a wrongful death include:
To prove another person was negligent in a wrongful death case in California, you’ll need to provide evidence that the other person owed it to your loved one to exercise caution and good judgment when choosing to act or standby, they failed to do so, and that failure is what caused or led to the accident which ultimately killed your loved one.
For example, say that another driver decides to run a red light and collides with the vehicle of your loved one who was traveling on a green light, killing them instantly. The other driver is at fault for the accident because they failed to exercise caution and good judgment when they ran the red light. They could be held accountable for their negligent behavior.
The statute of limitations on wrongful death lawsuits in California is two years from the date of death. Should you fail to submit a claim within the timeframe allowed, your case will likely be dismissed. Should that occur, you will lose out on the compensation that could be available to you and your family.
One of the many reasons it’s important to seek legal counsel following an accident is that a skilled and experienced attorney can keep you informed of deadlines or other obligations you need to fulfill in order to ensure that you’ll receive the full amount of compensation available to you.
People are fatally injured throughout the U.S. each day through various means such as motor vehicle accidents, work-related accidents, or other unfortunate events. We’ve collected a small sample of statistics in an effort to show you what the numbers look like in the state of California:
A lawyer can help investigate your claim, gather medical documents and other relevant paperwork, and negotiate with insurance companies on your behalf to try to secure the full amount of compensation available to you following the wrongful death of your loved one.
When you’re grieving, it can be difficult for you to go through the lengthy and tiresome process of gathering the evidence necessary to bring a wrongful death claim to court. Fortunately, a compassionate and experienced lawyer can help you through this trying time by taking on the burden of filing a wrongful death claim on your behalf.
For nearly two decades, the lawyers at OnderLaw, LLC have been a trusted resource for those who’ve been victimized in wrongful death and other personal injury cases. Over the years, we’ve recovered over $12 million in damages for those killed in wrongful death cases in Irvine and beyond.
Our firm and many of our attorneys are featured members of many prestigious legal organizations throughout the nation. We’re proud to boast of our membership in The American Trial Lawyers Association, The American Society of Legal Advocates, and Rue Ratings Best Attorneys of America.
Choosing OnderLaw, LLC means choosing some of the most competent, skilled, and experienced lawyers in the U.S. We’re ready, willing, and prepared to fight on your behalf to secure the compensation owed to you.
If your loved one was killed in a wrongful death accident in Irvine, contact OnderLaw, LLC . Contact us online or give us a call to schedule a FREE consultation. You won’t owe us payment until we secure compensation for you.