Orange County Wrongful Death Attorneys
Not everyone who causes the death of another person faces the risk of criminal prosecution. However, most people who don’t face criminal charges may be liable for wrongful death damages in civil court — especially if their negligence directly caused the victim’s death.
The experienced attorneys at Gibson & Hughes can assess your case and determine if the other party should be held accountable for the death of your loved one. Contact us today to discuss your case.
What Are Families Entitled To After A Wrongful Death in Orange County?
Since a deceased person cannot pursue his own damages in civil court, the law allows the family members of a deceased person to recover damages on the decedent’s behalf.
The surviving family members can typically pursue several types of damages, including the costs of medical expenses and funeral or burial expenses.
They can also pursue damages for loss of consortium, which is intended to compensate survivors for the companionship that can no longer be provided by their loved one.
If the surviving family members were financially dependent on the victim, they can also recover damages for their loss of income.
Recovering compensation in a wrongful death case is never easy, which is why you will need the best wrongful death lawyers on your side.
A wrongful death attorney in California can calculate the value of your claim and then aggressively fight for the compensation that your family deserves.
Wrongful Death Cases vs. Criminal Cases
It is important for individuals to understand that civil damages can be awarded whether or not a person is actually found guilty of a killing in criminal court. Criminal charges are brought by the state, but civil charges are brought by private parties.
These private parties do not have to wait on the state in order to pursue wrongful death charges on their own through civil court. This means families can pursue a wrongful death claim regardless of whether or not criminal charges have been filed.
Common Questions About Wrongful Death Claims in Orange County:
- What constitutes a wrongful death claim in Orange County, California? A wrongful death claim arises when a person dies due to the negligence, recklessness, or intentional act of another party.
- Who can file a wrongful death claim in Orange County? In Orange County, the decedent’s immediate family members, such as spouses, children, and parents, are typically eligible to file a wrongful death claim. In some cases, other dependents or individuals affected by the death may also have the right to file.
- What types of damages can be pursued in a wrongful death claim? Damages in a wrongful death claim may include compensation for medical expenses, funeral costs, lost income, loss of companionship, and emotional pain and suffering.
- What is the statute of limitations for filing a wrongful death claim in Orange County? In California, the statute of limitations for filing a wrongful death claim is generally two years from the date of the deceased person’s death.
- What evidence is necessary to support a wrongful death claim? Evidence to support a wrongful death claim may include medical records, witness statements, expert testimony, and documentation of the deceased person’s financial contributions to their family.
- How is compensation determined in a wrongful death case? Compensation in a wrongful death case is typically determined based on factors such as the deceased person’s earning capacity, the extent of their dependents’ financial losses, and the circumstances surrounding the death.
- Are there any exceptions to who can be held liable in a wrongful death claim? While individuals, businesses, or government entities may be held liable in a wrongful death claim, there are certain legal principles and exceptions that may affect liability, such as governmental immunity in some cases.
- How long does it take to resolve a wrongful death claim in Orange County? The time it takes to resolve a wrongful death claim can vary depending on factors such as the complexity of the case, the willingness of the parties to negotiate, and the court’s docket. Some cases may be resolved in a matter of months, while others may take years to reach a settlement or verdict.
- Can punitive damages be awarded in a wrongful death case? In some cases involving egregious conduct or intentional wrongdoing, punitive damages may be awarded in addition to compensatory damages in a wrongful death case.
- What steps should I take if I believe my loved one’s death was caused by negligence or misconduct? If you believe your loved one’s death was wrongful, it’s essential to consult with an experienced wrongful death attorney in Orange County as soon as possible. They can evaluate your case, explain your legal options, and help you pursue justice on behalf of your loved one.
Schedule A Free Consultation With Our Wrongful Death Attorneys
Have you lost a loved one in a tragic accident? Nothing will bring back your loved one, but our attorneys can help your family hold the at-fault party financially responsible. Our attorneys have years of experience helping clients throughout southern California.
Some of our many practice areas include car accidents, motorcycle accidents, truck accidents, pedestrian accidents, slip and fall accidents, and catastrophic injuries.
Let the personal injury lawyers in our office review your case and explain your legal rights during a free consultation.To schedule a free consultation with the best wrongful death attorney in California, please call 714-547-8377 or fill out the form on our website.