Wrongful Death Attorney in Anaheim, CA
The pain and grief of losing a loved one suddenly is something no one should experience. If you suffered a loss due to the negligence of another person, you do not have to go through it alone. An experienced wrongful death attorney can hold the at-fault party accountable and help you obtain financial compensation for your losses.
To learn more about filing a wrongful death claim, contact our Anaheim personal injury law firm at (714) 860-7797 or send a message here. Our legal team is standing by to help you through this difficult time.
How Does a Wrongful Death Lawsuit Work?
A wrongful death lawsuit works like a personal injury lawsuit. The main difference is that instead of compensating the victim for their injuries and other losses, a wrongful death case compensates the surviving family members for funeral and burial expenses and other related losses.
A successful wrongful death claim must involve a death caused by the negligence or intentional misconduct of another person or entity. The plaintiff (the person suing) must be able to prove that the defendant (the person/entity you are suing) owed your loved one a duty of care and breached that duty.
For example, all drivers have a duty of care to drive responsibly and prevent harm to others. In cases of motor vehicle accidents where the defendant was impaired or speeding, they clearly violated their duty of care.
Tips for Choosing the Best Wrongful Death Attorney
Read Online Reviews
Before selecting an attorney, research their qualifications, peruse online reviews on Google and Yelp, and read their testimonials. Wrongful death law is complex, so the lawyer you choose should have enough legal expertise to handle your case. Find out how many years they have been practicing law and what their specialties are. Some wrongful death lawyers specialize in medical malpractice cases, while others focus on auto accidents.
Ask About Their Experience
When choosing a wrongful death attorney, it is important to know that they have experience settling wrongful death cases similar to yours. Do not hesitate to ask about their past successes or challenges they faced. If they do not openly share their experiences with you, it’s best to look for another law firm.
Ensure Open Communication
Wrongful death lawyers not only should be compassionate and caring, they should also be open communicators. Make sure you feel comfortable speaking with your lawyer and find out if they are easily reachable. If their caseload is high, they may not have enough time to dedicate to you.
Inquire About Fees
Most wrongful death attorneys work on a contingency fee basis, meaning they only get paid if they win the case for you. This gives lawyers an incentive to work hard and win a settlement for their clients. Contingency fees also allow clients to obtain legal representation without a barrier. You should also look for an attorney who offers a free consultation.
Who Has the Right to File a Wrongful Death Claim?
Not everyone has the right to file a wrongful death claim in California. Typically, only the spouse or immediate family member of the deceased may claim compensation for their losses. However, there are some exceptions, so it is important to know the law and who is allowed to file. The following people can file a wrongful death lawsuit in Anaheim, CA:
- Spouse or domestic partner of the deceased
- Children of the deceased
- Siblings and parents of the deceased
- A financial dependent of the deceased
- A personal representative of the deceased’s estate
Compensation for Wrongful Death Claims in California
While no amount of money can bring back your loved one, you shouldn’t have an additional financial burden causing you more pain. The purpose of a wrongful death claim is to compensate the surviving spouse or family member for their losses. These losses are also known as damages, and can be divided into two categories: economic and non-economic.
Economic damages are monetary losses suffered by the victim’s family, such as funeral and burial expenses, medical bills related to the deceased’s illness or injury before their death, and loss of income of the deceased. Lost income can be especially important if the deceased was the primary breadwinner of the family.
Non-economic damages represent intangible losses, such as loss of care and companionship from the deceased, loss of guidance, support, and more. While these damages have no specific dollar amount, they can make up a huge portion of a wrongful death claim.
Statute of Limitations for Wrongful Death Cases
In California, wrongful death claims must be filed within a certain timeframe. After a loved one’s death, the surviving family members must file within two years of the deceased’s date of death. If the death occurred more than two years ago, you will not be able to file a wrongful death claim or pursue compensation.
Consult With a Wrongful Death Lawyer Today
Losing a loved one in an accident is a devastating experience. The financial hardship that follows is also a painful reality for many. A wrongful death lawyer can take the pressure of filing a claim off your shoulders, allowing you to recover from the loss.
At Katella Accident Attorneys, we sympathize with victims and their families and always fight for justice. From the moment you call us, we will begin the process of obtaining financial compensation on your behalf. We never accept less than you deserve or take the easy way out. Our Anaheim wrongful death lawyer is ready to work for you and with you. Call for your free consultation at (714) 860-7797 today.