Who Can File a Wrongful Death Suit in Orange County?

One thing our Orange County wrongful death lawyers try to do is explain how the legal system works to benefit our clients. Personal injury cases all involve two main things – damages and negligence. Your attorney will have to prove negligence in any sort of personal injury case. They’ll also need to prove your damages. If they aren’t able to demonstrate that you suffered a loss, you won’t be entitled to any compensation. When you come to us to a wrongful death suit, we handle things a bit differently. You won’t be proving your own damages. You’ll be proving damages suffered by your family as a result of your loved one’s death.

Here, we’ll talk about wrongful death law in California. Specifically, we will discuss who is able to file suit in California. Some states limit legal action to the personal representative of the estate. Thankfully, California does not do this. They allow members of your immediate family to sue on your family’s behalf. This includes the decedent’s spouse, children, or domestic partner. If they were not married, the regular rules of intestacy will apply. Since each case is different, you’ll have to wait until the situation arises before you seek out help or advice. Once you have the information you need, your attorney can get started and let you get back to focusing on your family.

Only Certain Family Members Can File Suit

As mentioned above, only certain people can file a wrongful death lawsuit. These people include the decedent’s husband or wife as well as their children. This means that, if there is no spouse in the picture, the victim’s children can file suit with the county courts. California also recognizes domestic partners when it comes to standing for suit.

Your Orange County Wrongful Death Lawyer Must Prove Negligence

It is not enough that your loved one died. You need to be able to show that they passed away as the result of the defendant’s negligence. This could involve an ordinary car accident that resulted in fatal injuries. It could even be the result of a crime that was committed against your loved one. If you aren’t sure if you have standing to sue, just call and talk to one of our Orange County wrongful death lawyers. They’ll review your case and look to see what sort of damages your family may be entitled to. This could include any or all of the following:

  • Medical bills that were accrued in relation to your loved one’s fatal accident
  • Any wages your loved one would have earned during the remaining years of his life
  • Any pain your loved one suffered prior to his death
  • Loss of companionship and affection
  • Loss of familial support

Your attorney will demand whatever damages your family is entitled to. Just wait until they get a chance to review your file.

Do You Have to File Right Away?

There’s a risk in not contacting an Orange County wrongful death lawyer as soon as possible. The main concern is that California has a statute of limitations that only allows you a certain amount of time to file suit. If your wrongful death lawsuit isn’t filed within two (2) years, the case will be dismissed. The two years starts on the day your loved one passed away. You’ll want to give your lawyer at least a few months to get everything sorted so that they can file for you. The last thing you want to do is wait until the last minute and risk having your case thrown out for not being filed on time.

Schedule a Free Consultation with an Experienced Orange County Wrongful Death Lawyer Right Away

If you’ve lost a family member in any sort of accident, you may have legal recourse. In California, if your loved one dies at the hands of another, you can pursue the party for wrongful death. It all depends on whether or not your Orange County wrongful death lawyer can prove negligence. This is the last thing you’ll want to think about. You need to take time to properly grieve with your family. Let our seasoned attorneys handle the legal side of things for you.

All you need to do is call and schedule your free, initial consultation. Sit down with someone who has handled cases like yours before. They understand what you’re dealing with and will take as much of the burden off your family as they can. Just call today and set up a date and time that works for you. And remember – the consultation is free, so you have nothing to lose.

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