If your loved one died because of someone else’s reckless or negligent actions, you may have the right to file a wrongful death lawsuit. A Santa Ana wrongful death lawyer may be able to help you seek compensation for your family member’s final expenses and more.
If you choose to work with Ben Crump Law, PLLC, you are selecting a firm with a foundation built on helping victims. We understand you are grieving and that this is a difficult time. We also recognize that money cannot bring back the person you have lost. We want to help you seek justice for your family.
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About Wrongful Death Lawsuits
A deceased’s family members can file a wrongful death lawsuit if they believe another party’s negligence caused their loved one’s death. Personal injury cases that result in loss of life are the basis for most wrongful death lawsuits. Examples include:
- Car, truck, or motorcycle crashes
- Medication errors
- Slip and fall accidents
- Abuse and neglect cases
- Botched surgeries
- Workplace accidents
- Accidental drownings
- Dog bites
- Negligent security
- Defective and dangerous products
To win your case, you will need to prove the liable party owed your family member a duty of care, the liable party breached this duty, and that the breach directly caused your loved one’s injuries, damages, and death. For example, if a head-on collision resulted in your spouse’s death, you need to show that the other driver’s negligent actions caused the crash. Negligence in this type of case may include texting and driving, drinking and driving, or traveling in the wrong lane.
Individuals Who Can Take Legal Action in a Wrongful Death Case
Under California Code of Civil Procedure (CCP) §377.60, the decedent’s spouse, domestic partner, children, or grandchildren can file a wrongful death lawsuit. If the deceased has no living spouse, domestic partner, or descendants, another family member, such as a parent or sibling, may file suit. A decedent’s minor stepchildren, putative spouse, or the putative spouse’s minor children may commence a wrongful death lawsuit if the decedent provided for them financially.
For a free legal consultation with a wrongful death lawyer serving Santa Ana, call 800-593-3443
Wrongful Death Compensation
In a wrongful death lawsuit, plaintiffs may seek the damages their loved one could have pursued in a personal injury case had they lived. This includes the deceased’s medical expenses, such as emergency treatments, surgeries, hospitalizations, medications, and more. Plaintiffs may also seek awards for the pain and suffering their loved one endured before death and compensation for their funeral and burial costs.
Surviving family members may also seek awards for the losses they suffered due to their loved one’s death. This may include compensation for the deceased’s future financial support and contributions to the household. Survivors may also win awards for their loss of companionship, emotional support, spousal relations, love, and guidance.
Santa Ana Wrongful Death Lawyer Near Me 800-593-3443
Drivers, property owners, medical professionals, and other negligent parties may carry some form of insurance to pay for accidents they cause or accidents that happen on their premises. According to the Insurance Information Institute (III), business owners should carry either property insurance, liability insurance, business vehicle insurance, worker’s compensation insurance, or a combination of the four.
Physicians and other healthcare professionals carry liability insurance. Homeowners carry homeowners insurance, and renters may have renters insurance. California law mandates that all drivers have a minimum of $15,000 in liability coverage for death caused to one person and $30,000 in coverage for death caused to two or more people if a vehicle accident occurs.
For many types of wrongful death cases, the best place to begin pursuing compensation may be through insurance. Keep in mind, insurance companies employ lawyers and will search for reasons to reduce your settlement or refute your claims. They may argue that your loved one caused their accident through their negligence or that their injuries were due to a preexisting condition.
When this happens, having an attorney on your side could make a difference. A Santa Ana wrongful death lawyer will stand up for your rights and the rights of your loved one throughout the insurance negotiations process. They can take the stress out of dealing with insurers and pursue a settlement from an insurance company that is fair and adequate for your needs. If not, your attorney can fight for compensation in court.
Court cases are subject to state statutes that do not apply to insurance claims. One such law is the statute of limitations. According to the CCP §335.1, you have two years to file a wrongful death lawsuit. The statute defines wrongful death as a death caused by another’s neglect or wrongful action.
California’s comparative negligence laws may also affect your case. You may be able to seek damages on behalf of your loved one even if their negligent actions contributed to their accident and death. Say your family member died in a motorcycle accident and one of the causes of the crash was that your loved one was speeding.
However, the driver who hit your family member was intoxicated and ran a red light. The court may determine the accident was 30% of your family member’s fault and 70% the fault of the other driver. The court reduces your awards based on the fault percentage it assigns. So, if you win $100,000, you will collect $70,000.
You Can Pursue Justice for Your Loved One
You are grieving, so expenses should not make this difficult time harder to manage. You should be mourning your loved one, not worrying about how you are going to pay your mortgage and household bills. A Santa Ana wrongful death lawyer may be able to help you achieve justice for your loved one and peace of mind for you and your family.
At Ben Crump Law, PLLC, we do not want our services to become another burden. We help victims and their families, and you owe us nothing unless we win a settlement in your favor. To learn more about how our team might be able to help you seek compensation, call