Wrongful Death FAQs
Our Wrongful Death Lawyers Answer Your Questions About Families’ Legal Rights in California
If you have lost a loved one in a fatal accident, you understandably have lots of questions—and you probably also have some concerns. While asserting your family’s legal rights is important, it can also be stressful, and even knowing where to begin can be challenging. We want you to know that our Santa Ana wrongful death lawyers are here to help, and we are more than happy to explain everything you need to know in a free and confidential consultation.
But we also understand that you might want to learn some of the basics before speaking with a lawyer. With this in mind, these FAQs from our Santa Ana wrongful death lawyers provide an introduction to what you need to know after losing a loved one in a fatal accident:
What Constitutes a “Wrongful Death”?
Under California law, a death is considered “wrongful” if it results from negligence, intentional wrongdoing, or a dangerous or defective product. Most wrongful death cases involve negligence, and negligence can take many different forms. Some of the most common examples include:
- Driver Negligence – Speeding, running red lights and stop signs, turning without the right of way, driving while distracted, and driving under the influence of alcohol or drugs.
- Property Owner Negligence – Failing to prevent access to dangerous areas, failing to repair property hazards, failing to properly supervise swimming pools, and failing to meet safety standards or code requirements.
- Business Negligence – Hiring unqualified or inexperienced employees, failing to provide adequate training, forcing employees to work excessive hours, failing to provide safe work environments, and performing substandard work or selling substandard products.
Intentional wrongdoing can involve committing acts of violence or knowingly putting others at risk of serious or fatal injury. Dangerous and defective products can range from unsafe furniture and appliances to defective medical devices and drugs.
When Can Family Members File a Wrongful Death Claim in Santa Ana?
Family members can file a wrongful death claim in Santa Ana if they have lost a loved one under circumstances in which someone else (or a company) is to blame. If you have lost a loved one in a fatal accident under any circumstances, we strongly encourage you to speak with one of our Santa Ana wrongful death lawyers about your family’s legal rights.
Who Can File a Wrongful Death Claim?
Under California law, spouses, domestic partners, children, grandchildren and other family members can potentially file wrongful death claims. The victim’s personal representative can file a claim on the family’s behalf as well. The answer to this question depends on each family’s circumstances, and you will need to speak with a lawyer about your family’s circumstances in order to determine who can (and should) file.
What Is California’s “One Action” Rule for Wrongful Death Cases?
California’s “one action” rule for wrongful death cases says that all eligible family members must participate in the same wrongful death lawsuit. Even though one family member will take the lead in filing the family’s lawsuit, if the lawsuit is successful, the damages recovered will be distributed to all family members who are eligible to receive compensation for their loved one’s untimely passing.
Does Insurance Cover Fatal Accidents?
Yes, generally speaking, insurance covers fatal accidents. Automotive liability insurance, homeowner’s insurance and commercial liability insurance policies all provide coverage when the policyholder is liable for a wrongful death.
Of course, this doesn’t mean that obtaining insurance coverage will be easy. Even when dealing with grieving family members, the insurance companies still put their own financial interests first. If insurance coverage is available in your family’s case, our Santa Ana wrongful death lawyers can deal with the insurance companies on your behalf, and we can help make sure an adjuster does not talk you into an unfair settlement.
How Do I File a Wrongful Death Claim Against a Company?
If you have a wrongful death claim against a company—such as a commercial property owner, trucking company or product manufacturer—the steps involved in filing your family’s wrongful death claim will depend on the specific circumstances involved. Generally speaking, these types of cases usually involve insurance claims, though families may still need to file a lawsuit in order to protect their legal rights.
Of course, even if the company that is responsible for your loved one’s death has insurance coverage, this doesn’t necessarily mean that the insurance company is going to pay. If a fair settlement offer is not on the table, then our Santa Ana wrongful death lawyers may need to fight to establish accountability in court.
What Types of Damages Can Be Recovered in a Wrongful Death Case?
The damages available in wrongful death cases include financial compensation for the financial and non-financial costs that eligible family members incur as a result of their loved one’s untimely passing. These include things like medical bills, lost income and inheritance, emotional trauma, and loss of consortium and companionship. Punitive damages are available in some cases as well, though additional evidence is required to prove that these damages are warranted.
How Much Can You Recover Through a Wrongful Death Claim in Santa Ana?
If you have a wrongful death claim, the amount you can recover depends on the extent of the financial and non-financial losses you have endured (and will continue to endure in the future), as well as whether you have grounds to seek punitive damages. When you choose the Law Offices of Benjamin Arsenian to represent you, our wrongful death lawyers will carefully calculate the damages you are entitled to recover.
What Evidence Is Needed to Prove a Wrongful Death Claim?
The evidence needed to prove a wrongful death claim also depends on the specific circumstances involved. In a fatal auto accident case, for example, evidence such as tire marks, damaged signs or guardrails, traffic camera footage, vehicle inspection reports, and the other driver’s phone records or receipts could all prove critical. In a fatal premises-related accident, construction documents, engineering reports, the property owner’s maintenance records, and forensic evidence from the accident scene are just some examples of types of evidence that may be available to prove your family’s legal rights. When our wrongful death lawyers investigate your claim, we will work to ensure that we have all of the evidence we need to clearly establish liability.
How Often Are Wrongful Death Cases Successful?
It’s difficult to say because the vast majority of successful cases are resolved out of court. Ultimately, however, what happens in other cases is irrelevant to your claim for wrongful death damages. Once we learn more about your case, we can provide an assessment of your likelihood of success, and then you can use this to make an informed decision about whether to move forward.
What Is the Process for Filing a Wrongful Death Claim in Santa Ana?
While the process for filing a wrongful death claim depends on the specific type of claim your family needs to file, all you need to know for now is that the first step is to schedule a free consultation. During your free consultation, one of our Santa Ana wrongful death lawyers will begin learning about your loved one’s accident, answer your questions, and explain what you can expect if you decide to file.
How Long Do I Have to File a Wrongful Death Claim in California?
California’s statute of limitations for wrongful death claims is generally two years from the date of death. But there are exceptions, and there are also several reasons why it is important to speak with a lawyer as soon as possible.
When Should I Consider a Wrongful Death Settlement?
Deciding whether to accept a wrongful death settlement requires a clear understanding of the financial and non-financial losses your family is entitled to recover. Until you know how much you and your loved ones are rightfully owed, you should not accept a settlement.
How Much Do Wrongful Death Lawyers Charge?
Our Santa Ana wrongful death lawyers represent families on a contingency fee basis. This means that we do not charge anything out of pocket. If we help your family recover a settlement or verdict, then our legal fees will be deducted from your family’s award. Otherwise, you owe us nothing.
How Important Is It to Hire a Wrongful Death Lawyer?
Hiring a wrongful death lawyer is extremely important when you have lost a loved one in a fatal accident. Seeking the financial compensation your family deserves can be important for finding closure, and it can be critical for ensuring that you and your loved ones have the financial resources you need—both now and in the future.
Contact Our Wrongful Death Lawyers for a Free and Confidential Consultation
If you have additional questions about your family’s legal rights after a fatal accident in California, we strongly encourage you to get in touch. To schedule a free and confidential consultation with one of our wrongful death lawyers as soon as possible, call 714-400-2000 or tell us how we can reach you online today.