When you lose a treasured family member, it can feel as though your world has stopped. You may be overwhelmed with grief and anger if someone else is responsible for causing your loved one’s death. While the criminal justice system will determine whether the at-fault party faces imprisonment, you can take justice into your own hands by consulting a trial-tested Anaheim wrongful death attorney from JSM Injury Firm APC.
We have spent the better part of 10 years protecting injury victims’ rights and advocating for families struggling to cope with wrongful death. During that time, we have successfully recovered millions of dollars in trial verdicts and insurance settlement payouts. You can demand the justice your family member deserves when you contact your Anaheim personal injury lawyer with our legal team to request a free consultation. When you do, you can learn more about whether you have grounds for a wrongful death action, who has the authority to sue, and what to expect next.
Examining how your family member passed away will be one of our top priorities after taking on your case. It may surprise you to learn that fatal injuries can happen in virtually any type of accident or incident. Some of the most common types of events clients have reported include:
These are only a few potential ways your loved one may have been killed. In some instances, several parties may share responsibility for the decedent’s death. We will be prepared to pursue every possible opportunity for legal recourse to ensure your family gets justice.
Your wrongful death lawsuit must be filed before the statute of limitations runs out. Generally, the statute of limitations expires two years from the date of the decedent’s death as described under California Code of Civil Procedure § 335.1. However, there are some cases in which you may have more or less time to file suit.
If the at-fault party is a government agency, for example, the statute of limitations may expire as few as six months from the date of your loved one’s passing per California Government Code Section 911.2. If your family does not discover your loved one’s death until a later date or you find out that someone else is responsible for causing their death, the statute of limitations would not begin counting down until the discovery date. This can be complex, so do not hesitate to consult with your Anaheim wrongful death attorney with JSM Injury Firm APC for more personalized answers.
It is difficult to say whether the individual or entity who caused your family member’s death will go to jail. If they violated state or federal law, criminal charges may apply. However, it is not unusual for liable parties to avoid criminal prosecution as well.
If the state does opt to prosecute the liable party, it could tie up evidence that we need to move forward with your wrongful death claim. If the defendant is found guilty in criminal court, this evidence could prove valuable in establishing liability. However, if the defendant does not face criminal charges, this will not have an impact on your ability to file your claim.
The burden of proof in wrongful death actions is not beyond a reasonable doubt like it is in criminal court. Instead, the burden of proof is based on a preponderance of the evidence according to California’s Civil Jury Instructions Resource Center’s Civil Plain English Comparison under BAJI 2.60. Here, the evidence presented must convince the jury that the defendant was responsible for causing your loved one’s death.
Evidence must be clear and convincing to be successful. For example, if we have video footage of the incident and corroborating witness testimony, the jury may clearly see that the defendant is at fault. We are prepared to hire accident reconstructionists, forensic specialists, and other experts to help build a powerful case against whoever caused your family member’s fatal injuries.
Multiple parties may have the right to file a wrongful death lawsuit in Anaheim. According to California Code of Civil Procedure § 377.60, immediate surviving family members will have the first opportunity to file. This might include the decedent’s surviving spouse, adult children, or domestic partner.
However, if the decedent did not have any of these family members, their heirs or next of kin as described by California’s intestate succession laws may have the authority to file the wrongful death lawsuit. The personal representative of the decedent’s estate will have the right to file the claim if none of the other family members are applicable.
Punitive damages could be awarded in your wrongful death action. Under California Civil Code Section 3294, any actions that could be considered grossly negligent, violent, malicious, or egregious may warrant punitive relief. After reviewing the specific circumstances of your family member’s death, we will have better insight into whether punitive damages may be appropriate in your case.
Your family has already been through so much. Taking on a wrongful death claim may seem overwhelming and impossible when you are still in mourning and struggling to make ends meet without your deceased relative’s financial support. Let us handle the legalities so you can spend more time celebrating your loved one’s life.
Turn to a compassionate and reputable Anaheim wrongful death attorney from JSM Injury Firm APC when you are ready to take action. Our firm proudly offers legal advice and support to families throughout Anaheim and surrounding communities. Schedule your free consultation as soon as today by calling our office or completing our contact form.