Wrongful Death Attorney Orange County
When a person is hurt or suffers economic loss as a result of another person’s or party’s negligent acts, the affected party can file a personal injury claim to seek compensation for those losses. Unfortunately, if the victim dies as a result of irresponsible behavior, the victim’s surviving loved ones must consult an expert Wrongful Death Attorney & file a wrongful death claim to get compensation for the tragedy. With a few exceptions, wrongful death cases operate in a manner similar to standard personal injury claims.
The expert team at Niral Patel Injury Law has extensive expertise in managing civil cases in California, including wrongful death claims. California wrongful death attorneys understand how heartbreaking it is to lose a loved one, especially when it is the result of a shocking and avoidable tragedy. We provide thorough legal counsel as well as compassionate help to our clients during tough times. Please contact us at the earliest to discuss your case.
Common types include misdiagnosis or failure to diagnose
When someone dies as a consequence of someone else’s carelessness, you can initiate a wrongful death claim in California. Many factors, such as medical negligence, workplace accidents, & criminal behavior, can result in wrongful death. To file an effective wrongful death lawsuit, you (or your lawyer) must demonstrate that the following circumstances happened.
- A person died.
- Somebody caused this person’s death by negligence or intending to injure the deceased.
- As a result of the death, the deceased’s surviving family members suffered monetary losses.
- On behalf of the family members, a court-appointed personal representative initiates the wrongful death lawsuit.
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How Can An Orange County Attorney Help Your Wrongful Death Claim?
Hiring an attorney from Niral Patel Injury Law will greatly benefit your case if you are pursuing a wrongful death claim in California. Your attorney can assist you in initiating an inquiry into the circumstances of the death, providing you with access to specialists and resources that you would not otherwise have.
We know how to litigate wrongful death cases in Santa Ana, Orange County, and throughout California, and we can modify our methods to your case while also preparing you for court. With the help of an Orange County Wrongful Death Attorney, you may ease your burden by allowing our experts to handle the whole litigation process for you, from consultation to settlement.
Common Causes Of Wrongful Death
In big urban regions such as Orange County, careless behaviors that result in a wrongful death are all too often. Some of the most prevalent causes of wrongful death in Orange County are as follows:
- Murder & other intentional acts
- Motorcycle, auto, bicycle, or truck accidents
- Slips & falls
- Work-related accidents such as construction jobs
- Poisoning or defective products.
The Statute Of Limitations For California Wrongful Death Claims
To pursue a wrongful death claim in California, you must follow the statute of limitations. The statute of limitations limits the actual amount of time you have to pursue a wrongful death case. If you actually do not file your claim within this time limit, the court has the authority to refuse to consider your case. The statutes of limitations for various forms of wrongful death lawsuits vary.
In most wrongful death situations, you have two years from the date of death to make your claim. If your lawsuit concerns a government institution, such as a local agency or a state government, the statute of limitations may be shorter. Contact a Wrongful Death Attorney at the earliest to examine your legal options & file your claim.
Wrongful Death & Loss Of Companionship
Losing a loved one is eternally difficult, especially when their death is preventable. When the negligent or reckless behaviors of an individual, business, or entity claim the life of another person, the accident is considered a “wrongful death.” Tort law encompasses wrongful death cases, which aim to compensate the victim’s family for their losses.
Forms of Compensation
While there is no amount of money in the world that can sufficiently compensate family members for their loss, monetary compensation can help them cope with financial hardships resulting from the death of a loved one. Wrongful death cases may result in various forms of compensation, including:
- Pecuniary damages:- Pecuniary damages are intended to compensate the deceased’s family for the financial impact of their loss. This type of compensation reimburses family members for funeral costs, lost wages, future earnings, medical expenses, and all other related monetary costs.
- Punitive damages:- Punitive damages are seldom awarded; nonetheless, when they are, the purpose is to punish the responsible party for their negligence and/or recklessness. Generally, this type of compensation is reserved for cases where a large company or business is guilty. Because pecuniary and compensatory damages would be a “drop in a bucket” to a multi-million dollar business, punitive damages are intended to provide them with the incentive to correct their misdeeds.
- • Compensatory damages-This money is intended to compensate the victim’s family for their emotional and psychological sufferings. For example, the loss of companionship or of a parental unit.
If you or someone you know has lost a family member because of another person or party’s negligence and/or recklessness, you should not have to suffer alone. Consult an experienced Wrongful Death Attorney about your grounds for filing a legal claim and the best way for you & your family to recover compensation for your losses.
Liability
In cases involving the wrongful death of an individual, it does not matter what the intent of the responsible party was or was not. Despite good intentions, if a person’s negligence directly results in the harm or death of another party, they may be liable for any damages they caused. However, if the intent was to harm, the case would no longer be considered “wrongful death,” it would be classified as “homicide,” and a criminal defense attorney would handle it.
How To Prove Liability In A California Wrongful Death Case?
To establish culpability in a wrongful death lawsuit in California, you and your counsel must satisfy four criteria. Simply defined, wrongful death claims must entail a duty of care to the deceased individual that was broken by the at-fault party, resulting in death and consequent damages.
To begin, you must demonstrate that the at-fault party had a duty of care to the deceased individual. A doctor, for example, owes a duty of care to offer a specified degree of medical treatment to a patient. A motorist on the road has a responsibility to other drivers to operate his or her vehicle safely.
Following that, you must demonstrate that the at-fault party broke the duty of care given to the deceased individual. You can, for example, show that the dead person’s doctor misdiagnosed him or her in a way that a comparably qualified and educated doctor would not have. You can demonstrate that a driver violates traffic regulations by failing to stop at a red light.
Then, you must demonstrate that the violation of the duty of care directly caused the deceased person’s injuries. You can establish that the dead individual suffered from a deteriorating injury or sickness that another doctor might have treated.
The condition caused his or her death if the doctor misdiagnosed him or her. You can also demonstrate that a motorist who ran a red light collided with the dead person’s car, causing the injuries that resulted in his or her death.
Finally, you must establish a link between the injuries caused by the violation of the duty of care and the damages sought in the complaint. In wrongful death cases, you can seek a variety of damages, including the deceased’s agony and suffering, as well as any past medical bills. Your wrongful death attorney can assist you in gathering the evidence required to substantiate these damages.
What Compensation or Damages Can You Collect In A Wrongful Death Claim?
Many of the same damages that can be claimed in personal injury cases can also be claimed in wrongful death claims. The amount of compensation or damages you can seek will be determined by the facts of your case. The damages in wrongful death lawsuits might compensate the deceased’s estate for the losses related to his or her death or compensate family members for the losses they experienced as a result of the death. The following tangible, monetary losses can be attributed to the deceased’s estate.
Why Choose Niral Patel Injury Law For Your Orange County Wrongful Death Case
Although no amount of money, reimbursement, or compensation can replace a loving family member, a wrongful death lawsuit can assist family members in recovering unforeseen expenditures. If you – anyone you know have lost a loved one in Orange County as a result of another person’s reckless or negligent behavior, the seasoned Wrongful Death Attorney at Niral Patel Injury Law may be able to assist you in recovering damages.
We have over 25 years of expertise collecting wrongful death settlements & court awards for damages. Our Orange County Wrongful Death Attorney looks forward to providing you with a free initial consultation and case analysis so that you may explore your legal options. Contact us via phone or e-mail to schedule your consultation now.
Our firm is dedicated to providing aggressive and professional representation. We believe communication and teamwork is the best way to achieve a client’s goals.
