Experiencing the death of a loved one is devastating, no matter the circumstances. However, when that death was preventable and only occurred because of someone else’s negligence, that devastation is compounded by the unfairness of the situation. While a wrongful death claim cannot bring a loved one back, it can help ease the financial turmoil caused by their absence and provide a sense of justice for the unnecessary loss of life.
Simmrin Law Group is here for families who have lost loved ones because of another party’s negligence. An Anaheim wrongful death lawyer from our firm will fight to restore your family’s financial stability and get justice for your loved one’s untimely death.
How a Wrongful Death Occurs
Some deaths cannot be prevented. They happen because of illness or simply from advanced ages. A wrongful death is a death that did not have to and should not have happened.
Wrongful deaths occur because of another party’s misconduct or negligence and can happen just about anywhere.
On the Road
Fatalities from motor vehicle accidents may be wrongful deaths. If the driver who caused the accident was driving under the influence, speeding, driving while distracted, or otherwise engaging in unsafe driving behaviors, their misconduct is the likely cause of the preventable accident that led to your loved one’s death.
In the Workplace
Employers are responsible for maintaining safe work environments. If they do not, employees may become terminally ill or sustain a fatal injury on the job.
Construction workers are especially vulnerable to dangerous workplaces. If contractors do not comply with safety standards, provide workers with proper training, or otherwise allow unsafe practices at their sites, workers can be fatally injured by construction equipment, vehicles, or chemicals.
Even in seemingly safe workspaces, such as office buildings, employees can be exposed to toxins such as asbestos. If the property owner knew about the asbestos and still allowed people to undergo sustained exposure that ultimately caused deadly asbestos-related illnesses, that property owner may be responsible for those deaths.
From Defective Products
When consumers buy products, they expect them to work properly and safely. Sometimes, however, those products are defective, whether in their design, because of a production error, or because they did not come with adequate safety instructions. In recent years, Johnson & Johnson has faced tens of thousands of lawsuits for having allegedly exposed women to asbestos and subsequent ovarian cancer through its talcum powder.
Faulty brake systems can lead to deadly car accidents. Defective car seats can fail to protect infants involved in accidents, and toys with small, loose parts can cause choking deaths. Poorly designed or defective power tools or appliances can cause fires or other fatal injuries.
Through Medical Malpractice
We trust medical professionals to protect our health, and most do. There are times, unfortunately, when a medical professional makes mistakes, either through action or inaction, that have deadly consequences. For example, a failure to diagnose or a misdiagnosis, improper treatment (or lack of treatment) for an illness, or an avoidable surgical error are examples of medical malpractice that can result in wrongful death.
No matter the cause of your loved one’s unnecessary death, an Anaheim wrongful death attorney from Simmrin Law Group will work to get you the settlement your family needs and the justice your loved one deserves.
For a free legal consultation with a wrongful death lawyer serving Anaheim, call (310) 896-2723
Filing a Wrongful Death Claim in Anaheim
California law establishes potential claimants, giving priority to the deceased’s surviving spouse or domestic partner, then to the deceased’s surviving children, and then to the children of any deceased children of the family member who died. Partnering with a wrongful death lawyer in Anaheim can help you understand your eligibility and build a case.
If there is no one who fits these first-priority criteria, the state allows anyone entitled to the property of the deceased by “intestate succession,” which refers to anyone legally entitled to inherit the deceased’s property if the deceased died without a will in place, such as the deceased’s parents or siblings. Finally, as long as they can prove their financial dependency on the deceased, California law permits these parties to file wrongful death claims:
- A “putative spouse,” or a person who held a good faith but erroneous belief that they were legally married to the deceased
- The putative’s spouse’s children
- Stepchildren, parents, or legal guardians of the deceased
Anaheim Wrongful Death Lawyer Near Me (310) 896-2723
How an Anaheim Wrongful Death Attorney Will Help
To collect a settlement, you must present a “preponderance of evidence” to prove the four elements of wrongful death. While the cause of a loved one’s death may seem obvious to you, remember that the defendant and their legal and insurance representatives will work hard to prove they are not at fault. You need a representative who has the knowledge and experience to gather the evidence you need and to argue against the defendant’s counterclaims.
A wrongful death attorney in Anaheim has this knowledge and experience and will investigate the circumstances of your loved one’s death fully to prove these four elements:
- Negligence in Duty: The at-fault party owed your loved one a duty of care. Doctors have a duty to protect their patients. Drivers have a duty to operate their vehicles safely.
- Breach of Duty: The at-fault party failed to uphold their duty to your loved one. Perhaps the doctor did not use reasonable care in interpreting test results, and a tumor went unnoticed, or a vehicle operator drove at an irresponsible rate of speed.
- Causation: The at-fault party’s breach, not something else, caused your loved one’s death. For example, the untreated tumor grew and ultimately took your loved one’s life. The driver’s reckless speeding, not a broken traffic signal or error on your loved one’s part, caused the deadly accident.
- Damages: Your loved one’s death caused measurable damages. These may include medical costs, funeral expenses, lost income, and emotional suffering, among other losses, according to California Civil Instructions (CACI) 3921
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We Can Help You Move Forward
Recovering from the death of a loved one is difficult. This emotionally exhausting process takes time. While you focus on healing yourself and your family, an Anaheim wrongful death lawyer from Simmrin Law Group will work toward your financial recovery.
The party responsible for your loved one’s death and the resulting financial distress is the one responsible for restoring your financial security, and your attorney will hold that party accountable. Get in touch with us today and arrange a free case evaluation with a compassionate, dedicated wrongful death attorney.
Call or text (310) 896-2723 or complete a Free Case Evaluation form