When a person is hurt or suffers economic loss as a result of another person's or party's negligent acts, the affected party can file a personal injury claim to seek compensation for those losses. Unfortunately, if the victim dies as a result of irresponsible behavior, the victim's surviving loved ones must consult an expert Orange County Car Accident Lawyer file a wrongful death claim to get compensation for the tragedy. With a few exceptions, wrongful death cases operate in a manner similar to standard personal injury claims.
The expert team at Niral Patel Injury Law has extensive expertise in managing civil cases in California, including wrongful death claims. California wrongful death attorneys understand how heartbreaking it is to lose a loved one, especially when it is the result of a shocking and avoidable tragedy. We provide thorough legal counsel as well as compassionate help to our clients during tough times. Please contact us at the earliest to discuss your case.
What Is Wrongful Death?
When someone dies as a consequence of someone else's carelessness, you can initiate a wrongful death claim in California. Many factors, such as medical negligence, workplace accidents, criminal behavior, can result in wrongful death. To file an effective wrongful death lawsuit, you (or your lawyer) must demonstrate that the following circumstances happened.
- A person died.
- Somebody caused this person's death by negligence or intending to injure the deceased.
- As a result of the death, the deceased's surviving family members suffered monetary losses.
- On behalf of the family members, a court-appointed personal representative initiates the wrongful death lawsuit.
How Can An Orange County Attorney Help Your Wrongful Death Claim?
Hiring an attorney from Niral Patel Injury Law will greatly benefit your case if you are pursuing a wrongful death claim in California. Your attorney can assist you in initiating an inquiry into the circumstances of the death, providing you with access to specialists and resources that you would not otherwise have.
We know how to litigate wrongful death cases in Santa Ana, Orange County, and throughout California, and we can modify our methods to your case while also preparing you for court. With the help of an Orange County Wrongful Death Attorney, you may ease your burden by allowing our experts to handle the whole litigation process for you, from consultation to settlement.
Who Qualifies As A Victim In Wrongful Death Claims?
Wrongful death in California is regarded as someone dying as a result of another person's wrongful conduct or negligence. Medical malpractice, for instance, is a type of wrongful death because you may argue that substandard medical treatment is a form of carelessness and that negligence caused the death.
Nonetheless, you must demonstrate that the dead person's chances of survival were at least 51% prior to the misconduct. An Orange County Wrongful Death Attorney can assist you in determining if you have a solid case against a negligent party. The unfortunate death of a fetus or unborn child cannot be the only basis of a wrongful death claim in California.
The California Court does not consider a fetus to be a human being until it is born alive. However, if a pregnant woman dies in a wrongful death lawsuit, you may be able to seek compensation for the loss of the unborn child. You could not file a wrongful death lawsuit against the individual who caused the death if the dead person died as a consequence of justifiable murder.
A wrongful death case cannot be brought against a deceased person who was murdered while committing a crime, such as murder or sexual assault. However, under some conditions, you may be able to hold someone accountable for the suicide death of a loved one.
If the at-fault person owed the victim a duty of care, such as a doctor, you could hold him/her responsible for the death if he or she played a role in it in some way. For instance, if a doctor fails to take a suicidal threat seriously or commits an act that leads to suicide, you can hold him or her accountable.