Anaheim Wrongful Death Lawyers
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Our Anaheim Wrongful Death Lawyers Offer Legal Support When You Need It Most
If your loved one passed in an otherwise preventable accident, you may be able to pursue compensation through a wrongful death claim. Call our Anaheim wrongful death lawyers at Arash Law at (888) 488-1391 for a free and confidential initial consultation.
The team of lawyers at Arash Law, spearheaded by Arash Khorsandi, Esq., offers supportive guidance with free initial wrongful death case evaluations. Contact our personal injury law firm by completing our “Do I Have A Case?” form. You can also check our “Frequently Asked Legal Questions” page for more information.
(No guarantee of outcome. Results displayed were dependent on unique facts of that case, and different facts will bring different results.)
Why Bring Your Case To Our Anaheim Wrongful Death Attorneys?
Having to go through the legal process while grieving can be difficult enough, especially if it’s unexpected and caused by careless actions such as reckless driving, unsafe workplaces, defective products, or landowner negligence. That said, consulting an experienced and knowledgeable personal injury lawyer handling such cases may be helpful for discovering all available opportunities for pursuing compensation.
Our wrongful death lawyers in Anaheim can help you learn about your rights after the untimely passing of a loved one. We’ll study whether you can seek damages for the likes of funeral expenses and hospital bills, as well as the pain and suffering you may be experiencing.
What Is A Wrongful Death?
A “wrongful death” occurs when the negligence of another person or company causes a fatal but preventable accident. In California, wrongful death victims can be anyone, regardless of their age, gender, socioeconomic status, nationality, or citizenship.
It is crucial to keep in mind that wrongful death lawsuits are not criminal cases. They are claims filed in state civil courts. Rather than punishing a defendant criminally, it seeks to hold them civilly responsible for a person’s passing.
Filing a wrongful death claim in Anaheim could potentially reimburse your family for economic damages and related losses. These might include burial and funeral expenses. If you can prove intent, you and your family may be able to pursue a civil wrongful death claim concurrently with a criminal trial. Contact our wrongful death attorneys in Anaheim so we can guide you on how to move forward with your case.
How Is A Wrongful Death Case Different From A Personal Injury Claim?
An essential difference between wrongful death and personal injury claims is that the victims themselves can no longer seek justice. The primary goal of wrongful death lawsuits is to seek compensation for the victim’s family or estate, including compensation for lost wages, funeral expenses, and emotional trauma. For a claim to be valid, it must be shown that another person’s or entity’s negligence directly caused the death.
Our Anaheim wrongful death lawyers can represent clients who wish to pursue both types of claims. Use our contact form to reach out and have your case evaluated in a free first case review.
What Cases Can I Sue For A Wrongful Death In Anaheim?
Our wrongful death lawyers in Anaheim can help you seek compensation if your loved one passed in the following scenarios:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Slip-and-fall accidents
- Workplace accidents
- Construction accidents
- Product liability
- Other accidents resulting in catastrophic injuries
What Is The Process Of Filing A Wrongful Death Claim In Anaheim?
In California, a victim’s right to sue and demand financial compensation doesn’t disappear just because they died. According to the state’s wrongful death law, the right to sue passes on to the surviving spouse, child(ren), parent(s), and other dependents. Anaheim also follows the same rule.
The next step is to gather all necessary documentation and evidence. Medical records, police reports, witness statements, and other relevant information can help establish the cause of your loved one’s death.
Once you have compiled all these crucial documents, we will evaluate your case to determine if we can proceed with the claim. If your case is valid, we will file a complaint against the responsible party or parties on your behalf. As the case progresses, both sides will exchange information and evidence. Negotiation with the defendants to reach a settlement agreement will also happen at the same time.
The case may proceed to trial if the negotiations do not push through. Litigation arguments will be heard either by a judge or a jury. Your attorney will represent you in court and advocate for your rights.
What Damages Can I Seek In A Wrongful Death Case?
The members of the surviving family can pursue compensation related to the loss of their loved one. According to the California Civil Jury Instructions (CACI) No. 3921, there are two kinds of damages you can seek for the untimely death of a family member.
Economic Damages
The first type is tangible losses that can be measured easily through bills, receipts, and invoices, among others. These economic damages include the following:
- Financial Support — This covers the money the deceased victim would have provided to their family if their lives hadn’t been cut short.
- Gifts/Benefits — This covers the expected gifts/benefits you would have received from the deceased victim.
- Hospital, Funeral, and Burial Costs — Any expenses related to the hospitalization of the victim before their death, if any, can also be compensated.
- Household Services — These damages cover the value of household services the deceased would have given.
Non-Economic Damages
These losses are harder to calculate due to their subjective nature. Known as non-economic damages, these intangible losses include the following:
- Consortium — This covers the loss of intimate relations between the spouse and the deceased.
- Love — The loss of companionship, care, love, comfort, protection, assistance, affection, society, and moral support that the family members would have received from the deceased victim.
- Guidance — The loss of the deceased victim’s guidance and training.
Wrongful death attorneys in Anaheim can assess and calculate potential damages, which can be valuable when negotiating with insurance companies.
(No guarantee of outcome. Results displayed were dependent on unique facts of that case, and different facts will bring different results.)
How Is The Worth Of Your Damages Determined?
The following factors may be taken into account by an insurance claim adjuster or a jury and judge when determining the value of the damages:
The Surviving Family’s Intention
In a wrongful death claim, the surviving family refers to both the person who filed the claim. Insurance claim adjusters, juries, and judges consider the character and motive of the people receiving insurance claim money in a court of law.
Whether The Deceased Is Partially At Fault
Insurance claim adjusters, juries, and judges may also consider the actions of the deceased. California is ruled by comparative negligence law, where the percentage of fault of parties in an accident is determined. If the deceased has some level of fault in the accident leading to their death, the award may be reduced accordingly.
The Insurance Available To Cover The Claim
Wrongful death lawsuits depend heavily on the available insurance coverage when determining the amount to be awarded. Generally, when the wrongful death claim exceeds the available insurance, the remaining balance must be paid personally by the responsible party.
The Parties At Fault For The Wrongful Death
In rare cases, defendants who are intentionally reckless may also have to pay punitive damages. These are forms of punishment that do not compensate the victim but instead deter others from such actions.
Our Anaheim wrongful death attorneys are dedicated to advocating for our clients to receive fair treatment when pursuing wrongful death claims.
What Is The Statute Of Limitations For Wrongful Death Claims In Anaheim, CA?
The statute of limitations governs how long you have to file a lawsuit and claim damages from the at-fault party’s insurance provider. In California, the limit is two years from the date of the injury. As part of the Golden State, Anaheim follows the same deadline.
However, some exceptions do exist for public entities and minors. That said, you may wish to consult our wrongful death lawyers in Anaheim, CA.
Such exceptions are:
- Children who lose a parent due to another party’s negligence have two years from the date of their 18th birthday to file a wrongful death lawsuit.
- The Government Tort Claim Act states the affected party has six months from the victim’s passing to file a wrongful death claim against a public entity. The accused entity will then have 45 days to approve or reject the claim.
Who Can File A Wrongful Death Suit In Anaheim?
Families of deceased victims, including spouses, children, parents, and siblings, can bring wrongful death cases to court. It is also possible for the estate of the deceased victim to file on their behalf. This is true regardless of whether or not they are directly related to the victim.
Call Our Wrongful Death Lawyers In Anaheim
If your loved one passed due to a preventable accident, Arash Law’s wrongful death lawyers in Anaheim are here to listen to your story. Together, we can explore your options in seeking damages after losing a loved one.
Over the years, we’ve handled a number of wrongful death claims. We can assist eligible family members or individuals in handling their cases. Call us at (888) 488-1391 to schedule a free initial consultation.
Our Anaheim law firm also handles wrongful death cases in Santa Ana, Orange, Huntington Beach, Newport Beach, Irvine, Costa Mesa, Mira Loma, Long Beach, Torrance, Riverside, Lakewood, Cerritos, La Habra, Chino Hills, Los Serranos, Buena Park, Cypress, Fullerton, and Huntington Park, as well as throughout California.
