Santa Ana Wrongful Death Lawyer

While wrongful death claims share many similarities to personal injury claims, they are also very different in many ways. First, California enforces specific rules concerning who may file a wrongful death claim. The right to file a wrongful death claim in California follows the state’s law of intestate succession. This means the deceased’s beneficiaries are the first to have the right to file a wrongful death claim.

The primary right to file a wrongful death claim falls to the deceased’s surviving spouse, followed by their children. Next would be the parents or siblings of the deceased, followed by extended family members. Finally, if no such kin exists, anyone who can prove they financially depended on the deceased or who holds a valid legal claim to the deceased’s estate would have the right to file a wrongful death claim instead.

There is a two-year statute of limitations for wrongful death claims in California. This means a plaintiff has two years from the date of their loved one’s death to file a wrongful death claim. This may sound like plenty of time, but every wrongful death claim is unique. Therefore, it is essential to consult a Santa Ana wrongful death attorney as soon as possible if you believe you have grounds for a wrongful death claim.

Whether you were injured in Floral Park, South Coast Metro, Washington Square, or elsewhere in Santa Ana, you have the right to hire a wrongful death lawyer. When you allow an experienced attorney to manage your wrongful death claim, you benefit from their knowledge of wrongful death laws and how they could shape the outcome of your case.

An attorney can gather evidence to support your claim, manage negotiations, and carefully file court motions. By taking the time to learn about the setbacks and hardships you faced, your Santa Ana wrongful death attorney can pursue full and fair compensation. If any challenges arise during the claims process, having legal representation can prove crucial for protecting your right to compensation under the law.

California follows a legal rule known as pure comparative negligence, which can directly affect wrongful death claims. This rule allows families to recover compensation even if their loved one was partially at fault for the accident. Fault is assigned as a percentage to each party involved, and any recovery is reduced by that percentage. This means that partial responsibility does not prevent a claim. It only adjusts the final amount of compensation.

For example, imagine a wrongful death claim valued at $1,000,000. If the deceased is found to be 20 percent at fault for the incident, the total recovery would be reduced by that amount. In this scenario, the family could still recover $800,000. The remaining percentage would be attributed to the other responsible party or parties.

This rule is important because it makes sure that families are not barred from seeking accountability simply because their loved one may have shared some degree of fault. It allows claims to move forward based on a fair allocation of responsibility.

• Car collisions. Given the high volume of traffic in Santa Ana, vehicle collisions are a common cause of wrongful death claims. In 2023, 1,972 people were killed or injured in vehicle collisions, including 109 accidents tied to drunk driving.
• Pedestrian accidents. Anytime pedestrians come near moving traffic, they could be at risk of becoming seriously injured. A pedestrian accident claim can lead to compensation for medical bills, lost wages, and other expenses tied to the collision.
• Assaults. Not all personal injuries result from negligence. Some claims can be based on intentional misconduct. The rate of assault in Santa Ana is 2.185 per 1,000 residents in a typical year, and assailants can face civil liabilities and criminal charges.
• Falls. When people visit a store or other place of business, they can suffer fall-related injuries when those properties have unaddressed hazards. In 2023, falls caused 2,521 deaths and 114,427 hospitalizations in California.
• Nursing home abuse. Learning that your loved one’s caretakers abused or neglected a senior family member can lead to feelings of betrayal. Santa Ana’s senior population can face mistreatment at area nursing homes, and the signs of abuse or neglect are not always obvious.
• Premises liability. Beyond slips and falls, property owners can be held liable for other causes of personal injuries. Negligent security claims may be filed when someone is assaulted due to inadequate safety precautions. Dog attacks are another type of premises liability claim that holds pet owners accountable for the harm they cause.

It is important to note that while wrongful death claims are similar to personal injury claims, they are very different when it comes to the damages available to plaintiffs. A personal injury claim seeks compensation for the victim’s losses. A wrongful death claim seeks compensation for the damages incurred by the deceased’s loved ones. The damages available to plaintiffs in a wrongful death claim typically include:

• Funeral and burial costs
• Compensation for the lost household services
• Compensation for lost financial support from the deceased, potentially including the income they would have reasonably expected to earn until retirement had they survived
• Pain and suffering compensation for the family’s emotional loss, including loss of affection, consortium, care, guidance, and moral support provided by the deceased

The situation that leads to wrongful death is likely to generate additional losses for the family they cannot legally recover through a wrongful death claim. For example, if the deceased’s estate incurred losses, they cannot include these as damages in their wrongful death claim. Instead, they would need to file a survival action.

Survival actions compensate the deceased’s family for damages that accrue between the incident that caused their loved one’s death and the death itself. For example, many car accidents are fatal but not immediately so. If your loved one suffered severe injuries from a car accident someone else caused and lingered in intensive care for weeks before dying, they likely accrued significant medical bills for their final treatment costs. A survival action seeks compensation for damages incurred by the deceased’s estate, and the claimants in a wrongful death case can file a survival action alongside their wrongful death claim.

In the event a loved one has died because of another party’s illegal activities, the at-fault party will likely face criminal prosecution in addition to civil liability for the wrongful death claim. In addition, the judge handling their criminal trial may sentence them to restitution. If you are concerned about how your civil claim may interact with a criminal case filed by the state, consult a Santa Ana wrongful death attorney as soon as possible to address your concerns.

The right Santa Ana personal injury attorney can provide several valuable legal services in a wrongful death claim. First, you and your family can mourn with peace of mind knowing your case is in capable hands when you have a reliable and experienced Santa Ana wrongful death lawyer handling your claim.

Your attorney can help you gather the evidence necessary for proving liability for the death in question. This may include physical evidence and eyewitness testimony if anyone saw the death occur. They can also assist you in calculating the full scope of your claimable damages, effectively helping you increase your family’s financial recovery. Money cannot replace your lost loved one, but it can make transitioning to the next phase of your life much easier.

The injury attorneys at Easton & Easton hold a 4.9-star average rating, supported by testimonials from previous clients.

“When my wife and I got hit by a utility vehicle that both injured us and totaled my car, we were very fortunate that my brother and attorney Aaron referred us to Easton & Easton. Aaron, Michelle, and the whole entire team took such great care of us, and we now refer everyone we know to Easton & Easton, too.” Ray S. 

“Laila has been very supportive with all that I have needed over the past couple of months. She’s been a great help and has always been very good with communicating every step. Thank you! Everyone on the team has been super helpful, and I’m grateful for all they have and continue to do for me.” Carmen A.  

Client testimonials reflect individual experiences and do not guarantee a similar outcome.

Many potential wrongful death claimants have lots of questions about their legal options and what to expect from the wrongful death claim process. The following are some of the most common questions the team at Easton & Easton hears from our prospective wrongful death clients.

How Much Is a Typical Wrongful Death Settlement?
Wrongful death claims often generate substantial compensation for the victim’s family. When you account for both immediate and long-term losses resulting from a wrongful death, the total claimable damages for the deceased’s family can exceed hundreds of thousands of dollars. Hiring a successful Santa Ana wrongful death attorney is the ideal way to secure your family’s recovery through a wrongful death action.

How Do I Prove Wrongful Death?
Proving wrongful death often hinges on establishing a defendant’s negligence or proving they failed to uphold a duty of care owed to the deceased in a manner that directly resulted in the death. Proving wrongful death may also hinge on a criminal investigation if the defendant engaged in an intentionally harmful action against the deceased that resulted in their death.

Who Can Sue for Wrongful Death?
California follows the state law of intestate succession when it comes to the right to file a wrongful death claim. If you are not sure whether you have grounds to file a wrongful death claim, consult a Santa Ana wrongful death attorney as soon as possible.

Most people who experience wrongful deaths in their families have many questions about their unique circumstances. Easton & Easton can provide the answers you need to your most pressing legal questions after experiencing a wrongful death in your family.

Filing a wrongful death claim is much easier and more likely to succeed when you have reliable legal counsel on your side. The right Santa Ana wrongful death attorney can make a tremendously positive difference in the outcome of your case, helping you hold a defendant accountable and assisting you in maximizing your family’s recovery.

Easton & Easton understands the emotional toll a wrongful death takes on the deceased’s family. It’s natural to feel a mix of frustration, uncertainty, and despair after losing a loved one due to the negligence of another party. Our goal is to help you navigate this complicated situation as smoothly as possible. If you have lost a loved one due to another party’s action, we can help. Contact Easton & Easton today to schedule your consultation with a Santa Ana wrongful death attorney.