Tustin Wrongful Death Lawyer
Tustin Wrongful Death Attorney
A personal injury claim can be filed by an injured person when another party’s negligence or misconduct causes their injury. Unfortunately, there are cases where a person dies from their injuries. When this occurs, their family members can file in their place, holding the at-fault party accountable. This is a wrongful death claim. A Tustin wrongful death lawyer can aid families during this difficult time and help them get the justice they deserve.
A wrongful death claim can never make up for what a family has lost. Instead, the claim can ensure that the at-fault party is liable for their negligence, provide family members with a sense of closure, and obtain the financial support needed for them to recover and stay fiscally stable. These civil claims can recover significant financial losses that families are dealing with on top of the impossible loss of a loved one.
Easton & Easton, LLP: Your Tustin Wrongful Death Attorneys
The attorneys at Easton & Easton, LLP, have decades of experience investigating and filing personal injury and wrongful death claims, with significant success in achieving strong results. We are proud to support families during such a hard time in their lives. If you have lost a loved one due to the negligence or misconduct of another party, we can review your options for compensation and work to secure your family the greatest amount of financial support possible.
Wrongful death claims are not easy to file or negotiate when you are dealing with the loss of a loved one and their support while facing potential medical costs. Strong legal support is essential not only to the claim’s success but also to limit your own stress. Easton & Easton, LLP, can protect your rights.
What Are Wrongful Death Claims?
A wrongful death claim is a type of personal injury claim, and it can recover some of the same damages as a personal injury claim. However, there are many unique damages in a wrongful death case, as it primarily recovers the losses of the surviving family over the losses of the deceased. If you have lost a loved one, you could file a survival action as well as a wrongful death claim. A survival action recovers compensation on behalf of the deceased’s estate.
Wrongful death claims, like personal injury claims, require you to prove that a party is at fault for the injury and death to hold them liable. This means proving a duty of care, a breach of that duty, and a direct link between that breach and the injury or death. An individual or group does not have to intentionally plan to cause harm to be held liable. An at-fault party can also be liable for their careless or reckless actions or inaction.
You must also prove that your family suffered legally recognized damages. An experienced attorney has the necessary knowledge to help you navigate this process and file a claim. Your attorney can investigate the cause of your loved one’s death, determine if you have a valid claim, and gather the necessary evidence if you do. A personal injury attorney also has crucial resources, such as access to expert witnesses, to determine liability and cause of death.
Comparative Fault in Wrongful Death Claims
California operates under pure comparative fault laws. This means that, in a personal injury claim, you can be as much as 99% liable for your own injury and still file to recover damages. This same standard applies to wrongful death claims. If your loved one was partially at fault for the accident that led to their injury and death, this does not automatically mean that you cannot recover compensation. However, the compensation you can recover is limited.
If your loved one is deemed to be 40% liable for the accident, then the final settlement will be reduced by 40%. An attorney can review your specific situation and determine if filing a wrongful death claim is still likely to recover compensation.
FAQs for Wrongful Death Lawyers
Q: What Damages Are Available for Wrongful Death in California?
A: The damages that are available for wrongful death claims in California may include:
- Medical bills if a deceased individual received medical care before their death
- Reasonable funeral and burial or cremation costs
- The deceased’s lost financial support to their family
- The lost inheritance or benefits of the deceased
- Lost personal support, care, and companionship of the deceased
- The surviving family’s mental and emotional anguish
- Any pain and suffering that the deceased may have gone through prior to their death
Q: Who Can Recover for Wrongful Death in California?
A: Surviving family members or the named personal representative of the deceased’s estate can recover for wrongful death in California. California law names specific family members who can recover wrongful death compensation. These include the deceased’s:
- Surviving spouse or registered domestic partner
- Surviving children or the descendants of deceased children
- Relatives who are entitled to the estate under intestate succession if there are none of the above-surviving relatives
- Legal guardians if the deceased’s parents would have received the estate under succession law but are deceased
- Family who are dependent on them
Q: What Is the Statute of Limitations for Wrongful Death in California?
A: The statute of limitations for wrongful death in California is two years from the date of the injury, in most cases, or six months after death, whichever deadline is later. There are specific situations where different deadlines will apply. The surviving family members will likely lose their right to recover any compensation if they do not file their claim within the statute of limitations. The sooner you begin working with an attorney, the sooner you can build a strong case to file a claim.
Q: How Do I Prove Wrongful Death in California?
A: To prove wrongful death in California, you must be able to prove the following elements, which show that another party is at fault for the deceased’s death:
- Duty: The party had a duty of care to the deceased to act with reasonable care.
- Breach of Duty: The party did not uphold this duty of care through negligent action or inaction.
- Causation: There is a direct cause between this breach of duty of care and the injuries and resulting death of the deceased.
- Damages: The surviving family members suffered damages as a result.
Legal Support for Your Family
Easton & Easton, LLP, can answer your questions about wrongful death claims and help you determine your next steps. Contact our firm today.
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Easton & Easton has been recognized by TopVerdict.com Top 10 Motor Vehicle Accident Settlement in Los Angeles for 2025, for the case Bicyclist v. Inattentive Driver — the fifth time the firm has appeared on a TopVerdict list across nine years, and a recognition that arrives in the firm’s 35th anniversary year.
The superior client service Easton & Easton provides has earned the firm an A+ rating from the Better Business Bureau.
Easton & Easton is honored to have been chosen anew each year since 2014 by U.S. News & World Report and Best Lawyers as one of the "Best Law Firms" for the Southern California Metro Area.
Easton & Easton is honored to have been chosen by OC Register Voters as "The Best Law Firm in Orange County” each year since voting began in 2022.
Doug, Brian, and Matt Easton have all been selected as Top 100 Trial Lawyers for California by the National Trial Lawyers — a membership organization limited to less than 1% of attorneys.
Doug, Brian, Matt, Travis and Gabe have each been selected to "Best Lawyers" for Plaintiff's Personal Injury Litigation. Best Lawyers selects the Top 5% of attorneys based on peer voting and client reviews.
We were recently honored for our efforts in securing a $32,000,000 settlement for our client, which was selected as the #1 Bicycle Accident Settlement in California in 2024 by TopVerdict.com.
Easton & Easton was named a Tier 1 firm in Southern California by U.S. News & World Report — the highest ranking a law firm can achieve. Selection is based on client feedback, peer reputation, and professional excellence. When independent evaluators rank the best, we're at the top.
Travis Easton, Gabe Mendoza, Brenda Kocaj, and Alexandro Garza were selected to Super Lawyers Rising Stars — honoring the top 2.5% of attorneys 40 or younger in California.
Easton & Easton was voted "Best Personal Injury Law Firm in Orange County" by readers of the Los Angeles Times in 2018, 2019, and 2020. Three years in a row — chosen by the people we serve
Doug, Brian, and Matt Easton were once again selected to Super Lawyers — a distinction earned by only 5% of California attorneys. Selection is based on peer nominations, independent research, and professional achievement. When you hire Easton & Easton, you're hiring attorneys in the top 5%.
Easton & Easton was recently honored for securing a $26,000,000 settlement for our client, which was selected as a Top 10 Personal Injury Settlement in California in 2023 by TopVerdict.com.
Easton & Easton received the "People Love Us On Yelp" award in 2016 due to exceptional client satisfaction reviews.Our clients don't just hire us — they recommend us.
Easton & Easton was recently honored for securing a $32,000,000 settlement for our client, which was selected as one of the Top 20 Personal Injury Settlements in the entire United States in 2024 by TopVerdict.com.
Brian, Matt, and Travis Easton are lifetime members of the Multi-Million Dollar Advocates Forum — a distinction held by less than 1% of U.S. attorneys. Membership requires securing a verdict or settlement of $2 million or more. When you hire Easton & Easton, you're hiring proven results - because Results Matter.
Doug Easton has held the "AV Preeminent" Rating for over 30 years, and Matt Easton received this prestigious distinction in 2015. The AV Preeminent rating is the highest possible rating for both legal ability and ethical standards, based on the legal profession's oldest peer review rating system — dating back to 1887. When your peers have trusted your ability and integrity for over three decades, that says everything.
We were recently honored for securing a $26,000,000 settlement for our client, which was selected as a the #1 Personal Injury Settlement in Los Angeles County in 2023 by TopVerdict.com.
Brian Easton was selected to the American Board of Trial Advocates (ABOTA) in 2015. ABOTA is one of the most premier associations of trial attorneys and judges, requiring a proven track record of jury trials as lead counsel and approval by a majority vote of the ABOTA board. Membership isn't given — it's earned in the courtroom.
Travis Easton, Gabe Mendoza, and Brenda Kocaj were selected to the National Trial Lawyers Top 40 Under 40 — an invitation-only honor recognizing the nation's top young trial attorneys. At Easton & Easton, experience and ambition work side by side.
Easton & Easton was honored for securing a $20,000,000 settlement for our client, which was selected as one of the Top 10 Personal Injury Settlements in the entire United States in 2019 by TopVerdict.com.
Both Doug and Matt Easton have been selected as Top Personal Injury Attorneys by Avvo with scores of 10 out of 10 — based on skill, experience, results, peer evaluations, and client reviews. A perfect score. No room for higher.
Easton & Easton was honored to have been chosen by the LA Times Reader's Choice Poll as "The Best Personal Injury Law Firm in Orange County" for 2018-2020 (each year the voting took place).
We were recently honored for our efforts in securing a $1,850,000 verdict for a client, which was selected as one of the Top 50 Personal Injury Verdicts in California in 2016 by TopVerdict.com.
Awards/recognitions noted are from organizations recognized within the legal profession as bona fide.
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“We look for the human story behind every injury or wrongful death. We prepare our cases for trial; reaching out to the jury with the most compelling evidence possible for the best verdict possible. Insurance companies know this and come to the table prepared to negotiate in good faith. Call us to see how we can turn your story into fair compensation.”
Partner W. Douglas Easton
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