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What is A Wrongful Death in Santa Ana, California?
In California and elsewhere, a wrongful death generally is filed because someone else is negligent. It could be that your loved one was subjected to a fatal injury, such as being in a motorcycle accident. While not all accident-related deaths can be eligible for a wrongful death claim, many can, and it’s important to talk to an experienced Santa Ana wrongful death attorney.
The state of California allows only specific surviving family members to file a claim for wrongful death against the negligent person, entity, or business that is responsible for the death of your loved one.
Explanation of a California Wrongful Death Claim
In California, a wrongful death lawsuit can be filed in civil court by the specific members of the surviving family of the deceased. It can be a claim against a business, person, or other entity whose negligent actions or behavior caused the death of your loved one.
Santa Ana, California wrongful death cases are filed separately from criminal court cases, and if fault is proven in a California wrongful death lawsuit, you as the surviving family members can receive compensation. If successful, the person, entity or business responsible for your loved one’s death will be ordered by the California court to pay you a specified amount of money.
What Kind of Monetary Compensation Can My Family Receive Due to a Wrongful Death Lawsuit in Santa Ana, California?
In Santa Ana and throughout the state of California, the courts can award damages which include monetary compensation for such things as:
- Emotional Distress
- Funeral Expenses
- Lost Income and Future Earnings
- Medical Expenses
What Are the Elements of A Wrongful Death Case in California?
Every California wrongful death case has three factors that have to be shown in order for your claim for wrongful death to be successful in court. In California, you must be able to prove:
- There was a death of a person
- Their death was a direct result of intent to harm or negligence
- That the victim’s family is experiencing a financial hardship as a result of the victim’s death.
Let’s break this down and look at each element individually.
Element 1: Intentional Acts and Accidents
There are many types of accidents that may cause the death of your loved one in a wrongful death claim. In California, the types of accidents include, but may not be limited to:
- Defective Products
- Exposure to Toxic Chemicals
- Medical Malpractice
- Motorcycle, Pedestrian, and/or Bicycle Accidents
- Vehicle and/or Commercial Truck Accidents
- Workplace Accidents
In Santa Ana and throughout California intentional acts that may be the basis for a wrongful death claim include, but may not be limited to:
- Arson
- Assault
- Manslaughter
- Murder
- Other intentional acts there were meant to cause someone harm
Element 2: Negligence
It is imperative that you are able to prove negligence on the part of the person(s) and/or entity. This is one of the main components of any wrongful death claim. You and your Santa Ana wrongful death attorney must be able to prove to a California judge or jury that your loved one’s death was caused as a direct result of the conduct or negligent acts of another party.
The Santa Ana, California wrongful death lawyers at AttorneyJeff Car Accident Lawyer understand that causation is one of the most crucial elements, and we will prepare your case with that in mind to give you and your family the best chance of receiving the settlement you deserve.
Element 3: Loss
You and your California wrongful death lawyer must prove the death of your love one is the main reason for your financial hardship, emotional support, and/or household contributions.
Other losses include such things as funeral costs, medical expenses and any other costs that are associated with the death of your loved one.
If you don’t have the services of a skilled and knowledgeable Santa Ana, California attorney, it may be difficult to determine the value of your claim for wrongful death and to calculate the damages you may be entitled to receive.
Why You Need A Santa Ana, California Wrongful Death Lawyer
The skilled California wrongful death attorneys at AttorneyJeff Car Accident Lawyer have a team of experts they can call on to assist both them and your family to help build the strongest case possible. We will hire consultants, if necessary, in order to independently investigate your loved one’s accident to determine exactly what happened and collect any and all available evidence for your family.
Our Santa Ana wrongful death lawyers will also scrutinize all evidence from the police and private investigation to add to your wrongful death claim. It is our job to prove to the California court exactly who your loved one was, and the extent of your damages the loss of your loved has caused to you and your family.
We will use pictures, statements, video, and any other evidence to show the court how much value your loved one brought to the family members they left behind after such a tragedy.
If you believe you may have a case for wrongful death in California, please contact the wrongful death lawyers at AttorneyJeff Car Accident Lawyer so we can talk about the circumstances surrounding your loved one’s death and advise you of your next steps.