When a loved one dies due to negligence or due to intentional wrongdoing, it can be devastating. The financial and emotional consequences can be far reaching and can impact the rest of your life.
While nothing can bring back your lost loved one, California law does allow wrongful death claims so you can hold the individual or entities accountable who caused your tremendous loss. There is often a lot of money at stake in a wrongful death claim, though, and navigating the legal system to recover compensation can be complicated.
That’s why it’s important to have the right legal advocate on your side. A dedicated and experienced Anaheim wrongful death lawyer at JSM Injury Firm APC can offer the compassionate and knowledgeable legal advocacy you deserve.
Our firm has extensive experience with wrongful death claims, and we have helped clients to both settle their cases outside of court for a fair settlement and to litigate their claims in court when necessary to get the money they deserve. We don’t charge legal fees unless we win your case, and we dedicate ourselves fully to fighting for justice for your loss.
To find out more about how we can help you, give us a call today at (949) 404-4826 to schedule a free consultation.
Your Legal Rights After a Wrongful Death in Anaheim
Under California Civil Code Section 1714 everyone is responsible “not only for the result of their willful acts but also for an injury occasioned to another by their want of ordinary care or skill in the management of their property or person.”
This law gives victims of accidents the right to pursue a claim against those who negligently harm them. Of course, when an accident is fatal, the victim is not able to exercise those rights themselves. This doesn’t mean that no claim can be brought, though.Surviving loved ones can pursue a claim for compensation for the victim’s death.
The individuals who are listed in this statute include:
The surviving spouse of the decedent (the deceased person) or the domestic partner of the decedent. Someone who believed in good faith that they were a surviving spouse or domestic partner also has this same right, even if the marriage wasn’t actually legally valid.
The children or other lineal descendents of the deceased person such as grandchildren.
When there is no surviving spouse, domestic partner, child, or grandchildren, then the next person in line to make a wrongful death claim is whomever would inherit under the laws of intestate succession that apply in California. Those are the laws that dictate which relatives inherit the decedent’s property when a death occurs without a will or other estate plan.
Other dependents who relied on the deceased person financially, such as stepchildren, can sometimes also make wrongful death claims if they lived with the decedent for 180 days prior to the death and if they also received more than half of their financial support from the deceased.
JSM Injury Firm APC can provide assistance in determining who has the legal right to sue for wrongful death and can offer help in gathering evidence to show that a defendant was liable for losses and should be made to provide compensation for the tragedy that has occurred.
Types of Anaheim Wrongful Death Claims
Wrongful death claims can arise in any situation where someone would have had an injury claim but died from their injuries so is unable to pursue it. Some common examples of situations that could result in wrongful death claims include:
In these and other situations, it is best to reach out to an Anaheim wrongful death lawyer if someone you love has been killed and you suspect negligence or intentional wrongdoing was involved.
JSM Injury Firm APC will work with you to talk with witnesses, gather evidence, obtain police reports, and determine who should be held liable for the fatal injuries.
Compensation in Anaheim Wrongful Death Claims
When a person dies as a result of an injury, the damages can be very substantial. In wrongful death claims, it’s usually possible to recover compensation for:
Medical bills incurred by the decedent prior to the death
A lifetime of lost wages the deceased person would have earned if they had not passed away as a result of the incident
Pain and suffering the decedent experienced prior to the death
Emotional distress damages
Loss of companionship of the deceased person
You should be able to fully recover economic and non-financial losses that occurred as a result of the fatal accident. JSM Injury Firm APC will help you to show the extent of your harm, which can include consulting with expert witnesses in many situations.
How an Anaheim Car Wrongful Death Attorney Can Help You
If you have lost a loved one because someone else was negligent or careless, you deserve to recover the full extent of monetary compensation available to you under the law. Unfortunately, you’ll often be negotiating with an insurance company that has the goal of paying as little as possible for your tragedy.
JSM Injury Firm APC will help you throughout the process. We are ready to fight for you to get a fair settlement and we have extensive litigation experience so when going to court is necessary, we can make a persuasive case on your behalf.
We don’t charge legal fees unless we win your case, and we treat your claim with the compassion and knowledge that you deserve. To schedule your free consultation with our Anaheim wrongful death lawyer and learn more, give us a call today at (949) 404-4826.
