It is incredibly painful to learn a loved one has passed away unexpectedly. Your grief may be aggravated by learning that their death was the result of another person’s careless, reckless, or intentional misconduct. When you face a situation in which your spouse, parent, or child’s death was another person’s fault, we recommend calling a Santa Ana wrongful death lawyer to discuss your legal options.
When someone is killed due to negligent, reckless, or malicious conduct, certain surviving family members may have the right to file a wrongful death claim and pursue compensation. However, California’s wrongful death law can be complicated, and it is essential to speak with an attorney first.
We are here to help you during this challenging time. Let us analyze your claim and explain your options. You can reach us through our online form or call us at 1-800-GO-HARRIS to schedule your free, no-obligation consultation.
What Is a Wrongful Death Claim?
A wrongful death claim arises when a person is killed due to another individual or business’s negligence, gross negligence (recklessness), or willful conduct. Had the person lived, they would have had the right to file a personal injury claim and pursue compensation for their injuries.
It is important to understand that a wrongful death claim focuses on the injuries suffered by the surviving family members. This type of lawsuit does not focus on the deceased individual’s injuries. Any compensation obtained through a wrongful death claim is for the surviving loved one’s economic and non-economic damages.
We Handle All Types of Wrongful Death Claims in Santa Ana, CA
At Harris Personal Injury Lawyers, we recognize preventable deaths can occur in all sorts of situations. We are here to represent you family no matter what circumstances led to your loved one’s death.
Some of the most common circumstances that lead to wrongful death cases include:
- Car Accidents
- Bike Accidents
- Bus Accidents
- Truck Accidents
- Motorcycle Accidents
- Uber & Lyft Accidents
- Turo Accidents
- Pedestrian Accidents
- Scooter Injury Claims
- Airplane Accidents
- Boat Accidents
- Train Accidents
- Premises Liability Claims
- Slip and Falls
- Dog Bite and Animal Attacks
If your loved one died in one of these circumstances, or in any other type of accident, do not hesitate to call our Santa Ana wrongful death attorneys.
Who Has the Right to File a California Wrongful Death Lawsuit?
Not everyone can file a wrongful death lawsuit.
Under the California Code of Civil Procedure (CCP) Section 377.60, only certain individuals may file this claim:
- A surviving spouse
- A surviving registered domestic partner
- Any surviving child
- Anyone entitled to property through California’s intestate law, if the decedent did not have a will
- A surviving putative spouse
- A surviving putative spouse’s children
- Surviving parents
- A surviving minor who was dependent upon and lived with the decedent for at least 180 days prior to the decedent’s death
You are a putative spouse if, in good faith, you believed you were the husband or wife of the deceased individual though you were part of a void or voidable marriage.
Additionally, if none of these family members choose to file a wrongful death lawsuit, the personal representative of the decedent’s estate may file on behalf of the surviving relatives.
If you are unsure of whether or not you can file a wrongful death claim, do not hesitate to call us. We are here to listen to your concerns and discuss who may pursue this type of claim in California.
Wrongful Death Compensation in California
If you are a surviving family member, and your family has a valid wrongful death claim, then you may seek compensation. You should talk with our Santa Ana wrongful death lawyers about the type of damages California law allows and the potential value of your claim.
Through a personal injury lawsuit or insurance claim, you may pursue compensation for:
- Your love one’s medical expenses incurred before their death;
- Funeral and burial expenses;
- Loss of your loved one’s income and financial support;
- Loss of the value of your loved one’s household services;
- Loss of your relative’s love, support, care, companionship, and society.
California’s Wrongful Death Statute of Limitations
A wrongful death lawsuit in California must be brought within two years of the date of your loved one’s death. This cause of action accrues on the day your loved one passes away—not the date of the accident. If you file more than two years after the date of death, the court can dismiss your lawsuit and you will not have a valid claim for compensation.
Let Our Santa Ana Wrongful Death Attorneys Help You
Whether you are confident you have a valid legal claim, or you are unsure, we recommend giving Harris Personal Injury Lawyers a call to talk with an experienced wrongful death attorney. We will listen to your story and analyze your potential options.
If you choose to work with us, we will thoroughly investigate what happened, gather evidence, and aggressively fight for full and fair compensation. We are proud to have obtained more than $300 million in settlements and court rulings for more than 5,000 clients.
To schedule a free consultation with us, call 1-800-GO-HARRIS. We are available 24/7.
Price indication: Free Consultations & No Fees
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