The impact of losing a close and treasured family member can be overwhelming. When you discover their death was preventable and caused by the negligent conduct of another, your grief may quickly turn to rage.
If you are ready to demand justice and ensure the individual or entity that caused your loved one’s death is held accountable, you need a legal advocate you can rely on. Contact an experienced and compassionate Buena Park wrongful death lawyer at Simmrin Law Group for a 100% free consultation today and learn more about the steps you must take to get through these difficult times.
Accidents and Events Leading to Wrongful Death in Buena Park
Nearly any type of incident, accident, or event has the potential to cause wrongful death. However, it is the ones involving negligence and intentional acts that are often the most devastating. If someone else’s negligent or willful actions were the cause of your loved one’s passing, with help from a wrongful death lawyer in Buena Park, CA, you can hold them accountable and fight for justice.
Some of the most common types of personal injury accidents and incidents that often warrant a wrongful death lawsuit include:
- Slip and fall accidents
- Construction accidents
- Manufacturing accidents
- Car accidents
- Motorcycle accidents
- Commercial truck accidents
- Factory accidents
- Trampoline accidents
- Swimming pool accidents
- Medical malpractice
- Pharmaceutical mistakes
- Work injuries
- Bicycle accidents
- Pedestrian accidents
These are only a few of the top ways victims suffer fatal injuries. If you lost a loved one in any of the previously mentioned types of accidents or another incident we did not include in the list above, you may still have the right to compensation and to hold the liable party accountable to the fullest extent of the law. Your wrongful death attorney in Buena Park will carefully scrutinize the details of your case so we can help you get through these difficult times.
For a free legal consultation with a wrongful death lawyer serving Buena Park, call (310) 896-2723
How Buena Park Wrongful Death Claims Work
Understanding how the claims process works is vital if you are going through a wrongful death insurance or civil claim. Contrary to popular belief, when you pursue a wrongful death action, that does not mean you will automatically go to court. In fact, depending on the circumstances of your case, you may have an opportunity to avoid going to trial by settling outside of court or filing a claim with the insurance company.
Many surviving family members hesitate to contact a wrongful death attorney for help as they are intimidated or overwhelmed at the thought of going up against the liable party or going to trial. Although every person’s case is different, there are many similarities in how the legal process works. With that in mind, here is a general idea of what you can expect when you decide to take action in a wrongful death case:
- You start by hiring a wrongful death lawyer
- Your attorney begins investigating the cause of your loved one’s death
- We gather valuable evidence to prove the defendant’s negligence and liability for your family member’s passing
- Your attorney goes over the various ways your family’s lives and the decedent’s life was affected by the defendant’s wrongful, reckless, or malicious actions to calculate the value of your claim
- We explore your legal options and determine whether you have the right to file a claim with the insurance company, pursue a survival action, or pursue a formal wrongful death lawsuit
- Your wrongful death attorneys in Buena Park, CA, at Simmrin Law Group, will negotiate with the insurance company where applicable to ensure you are not taking advantage of during this challenging time in your life
- If we cannot agree with the insurance company, we will be ready to fight for justice in court
Buena Park Wrongful Death Lawyer Near Me (310) 896-2723
Vital Wrongful Death Laws You Should Know
Before you move forward with your insurance or civil claims, you must be aware of some of the most impactful laws, rules, and regulations surrounding wrongful death claims. Some of the most notable include:
- The statute of limitations
- Who has the right to file a claim
- How shared fault works
Statute of Limitations
According to Cal. Civ. Proc. Code 335.1, when you are filing a wrongful death lawsuit, there is a limited amount of time to do so. You only have two years from the date of the decedent’s death in most cases before you lose your right to file the claim.
However, the exact deadline could vary depending on when the accident occurred, how old the decedent’s surviving children are, and other factors. You can get clarity by having your wrongful death attorney start working on your case as soon as possible.
The Right to Sue
The California wrongful death laws under Cal. Civ. Proc. Code 377.60 does not allow just anyone to pursue a lawsuit. The statute specifically states that only certain parties have the authority to file the claim. These parties include, in the following order:
- The decedent’s surviving domestic partner or spouse
- The decedent’s surviving children
- Anyone who stood to inherit from the decedent, such as the decedent’s siblings or parents
- Anyone financially dependent on the decedent, such as the decedent’s parents, stepchildren, or putative spouse
You may be unsure whether you have the right to file a claim. You can get answers when you contact a wrongful death lawyer at Simmrin Law Group to discuss your options further.
Shared Fault Laws
Do not be surprised if the liable party attempts to blame your deceased family member for contributing to their fatal injuries. Under California’s comparative negligence laws, sharing fault can reduce the compensation the injury victim and surviving family members could recover.
This does not mean you will not have the right to compensation if your family member shares liability, but it does not mean the wrongful death settlement could be reduced proportionately.
Compensation for Wrongful Death Damages
No matter who files the wrongful death claim, damages are paid to the decedent’s estate and surviving family members. Some examples of potentially recoverable damages could include:
- The decedent’s medical bills
- The decedent’s funeral expenses
- Costs of the decedent’s burial
- Loss of the decedent’s and financial contributions
- Loss of the decedent’s protection, advice, society, support, love, and companionship
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Reach Out to a Buena Park Wrongful Death Attorney Today
The process for holding liable parties accountable in a wrongful death action can be a lot to handle when you are still grieving your loss. Get a legal advocate to oversee every legal detail so you can focus on your family and morning.
Contact a reputable Buena Park wrongful death lawyer at Simmrin Law Group for a no-cost, risk-free consultation today. When you do, you can learn more about how the claims process works, the value of your claim, and who could be responsible for causing your family member’s death.