Orange County Wrongful Death Lawyer

You’re eager to settle. Generally speaking, the insurance company wants to get out a wrongful death claim as quickly as possible because they know how valuable they can be. So, they promptly make you a lowball offer hoping you’ll be enticed seeing as how you have funeral and burial expenses to pay for. Don’t fall into these traps. Your loved one’s life is too precious to let the at-fault party get away so easily. It’s important you hire a wrongful death attorney in Orange County, CA, who can help you locate additional damages to potentially recover from and get you the most from your claim.

Is There a Statute of Limitations on Wrongful Death Claims in California?

Yes. California law requires you to file a lawsuit within two years from the date of the decedent’s death or else you risk being barred from ever doing so. For example, on March 1, 2020, a crossing guard in front of the Pacific Drive Elementary School in Fullerton gets struck and killed by a car rushing to pick up their child from school. The crossing guard’s spouse has until March 1, 2022, to file a lawsuit for wrongful death against the parent that struck his spouse. There are exceptions for public entities, minors, and medical malpractice claims. The best thing you can do is seek a consultation with a wrongful death attorney in Orange County.

Minors

A minor who loses a parent has two years from their 18th birthday to file suit against the liable parties. Example: On February 2, 2020, John’s mother was hit and killed by a drunk driver on the I-5 freeway in Anaheim, California. John was only 14-years-old at the time his mom passed. He was born on January 1, 2006. Normally, the statute of limitations would start to run from the date John’s mother passed, which is January 1, 2020. In that case, John would only have until February 2, 2022, to file suit for his wrongful death claim, or else he would lose his right to do so forever. However, because John was a minor at the time his mother was killed, the 2-year statute of limitations doesn’t start to run until his 18th birthday, which is January 1, 2024. In other words, John has until January 1, 2026, to file his wrongful death claim against the drunk driver who killed his mother.

Public Entities

If the wrongful death claim is against a public entity, the Government Tort Claims Act says that you only have 6 months from the accrual of the claim to file it with the appropriate government agency. However, a minor can submit an application for permission to file a late claim within a reasonable time not to exceed one year after the injury. The public entity has 45 days to grant or deny your claim, although it will almost always be denied. You’ll then have 6 months from the date of the denial to file a lawsuit. For example, on April 4, 2020, a married man gets struck and killed by a speeding driver at the Countrywood Lane and Robinwood Circle intersection in Irvine. The City of Irvine has been made aware of an unusual amount of accidents at this intersection, but publicly refuses to implement any safety measures like add speed bumps, lower the speed limit, or add stop signs. Arguably, there may be a public entity claim against the City of Irvine. The married man’s spouse would only have until October 4, 2020, to file a claim against the City of Irvine. As you can see, statutes can quickly become complicated for wrongful death claims near Orange County. Be sure to consult with an attorney right away.

How Much Is a Wrongful Death Lawsuit Worth in California?

Depending on the circumstances, wrongful death claim settlements typically range from several hundred thousand to many millions of dollars. In general, they tend to be worth more than most other claims. The value of any given wrongful death claim will depend on a number of different factors, including the following:

• The age of the deceased
• The earning potential of the deceased
• Whether the deceased shared any fault for the accident
• Whether the at-fault party is in an individual, corporation, or public entity
• The policy limits the at-fault party is insured for

It’s also useful to take a look at wrongful death verdicts that are made public in California. In 2019, 15 of the top 50 verdicts in California were wrongful death claims according to Topverdict.com. This means that wrongful death claims make up about 30% of the highest jury verdicts even though fatal car accidents (3,898) only make up a little over one percent of all car crash injuries (276,823) and an even smaller percentage of all personal injury claims.