Losing a loved one due to another party’s negligence or intentional actions is a traumatic and devastating experience. Responsible parties should always be held accountable when someone is killed wrongfully, and relatives should receive adequate compensation for their losses. Successful wrongful death claims can provide financial relief and a sense of justice for the deceased’s family.
Deaths resulting from negligence and wrongdoing are not uncommon in California, and you may have lost a loved one due to someone else’s actions. However, you can pursue a wrongful death claim by understanding your legal rights and seeking the assistance of an experienced wrongful death attorney in Costa Mesa, CA. At the Simmrin Law Group, our dedication to serving our clients in Costa Mesa has resulted in sizable payouts for victims and their families.
Explaining a Wrongful Death Claim
A wrongful death claim is a legal action filed on behalf of a deceased person who died due to another party’s wrongful act or negligence. This type of claim provides a legal avenue for surviving family members to seek compensation for their losses, including financial and emotional damages. Wrongful death claims can arise from various situations, such as car accidents, medical malpractice, workplace accidents, defective products, or criminal acts.
It’s important to note that the success of a wrongful death claim will depend on the specific circumstances that led to the death. Some accidents resulting in the death of an individual won’t legally be considered wrongful deaths. This is why contacting a knowledgeable Costa Mesa wrongful death lawyer is crucial to help you understand your options and determine whether you have an actionable case.
Statute of Limitations for Costa Mesa Wrongful Death Lawsuits
Time is one of the most important aspects when filing a wrongful death claim. Each state has a specific time limit, known as the statute of limitations, within which a claim must be filed.
The statute of limitations for wrongful death cases in California is two years. If a family misses this deadline, they may no longer be eligible for compensation.
Under normal circumstances, the two-year statute of limitations will serve as the standard in wrongful death cases. However, according to California’s “discovery rule,” the statute of limitations begins to run from the date the plaintiff becomes aware of the cause of the wrongful death. This means that if they discover the facts that would lead a reasonable person to suspect negligence or wrongdoing, the clock starts ticking at that point rather than from the time of the death.
It is recommended to seek legal advice from the respected wrongful death lawyers in Costa Mesa as soon as possible after death to ensure compliance with the applicable deadlines.
Establishing Liability in a Costa Mesa Wrongful Death Claim
To succeed in a wrongful death claim, the plaintiff must establish that the defendant owed a duty of care to the deceased and breached that duty, resulting in their death. “Duty of care” refers to the legal obligation to act reasonably and avoid causing harm to others. The defendants in wrongful death cases can include individuals, corporations, government entities, healthcare professionals, or any other person or group deemed responsible for the victim’s death.
Proving negligence or intentional misconduct is vital to winning a wrongful death lawsuit and holding the responsible party accountable. Skilled wrongful death attorneys in Costa Mesa, CA, will conduct thorough investigations, collect evidence, negotiate with insurance companies, interview witnesses, and represent clients in court if necessary. At Simmrin Law Group, we know how to utilize our extensive legal expertise to demonstrate that a defendant breached their duty of care to her loved one.
Contact our Costa Mesa wrongful death attorneys, and we can begin building your case today.
Damages You Can Claim in a Wrongful Death Lawsuit
When a loved one is killed wrongfully, a relative can file a claim for several damages. Wrongful death claims can include compensation for both economic and non-economic damages. Economic damages encompass quantifiable financial losses, such as:
- Medical expenses
- Funeral and burial costs
- Loss of household income
- Loss of future earnings
- Survival action damages
Non-economic damages, on the other hand, address the emotional and intangible losses suffered by the surviving family members, including:
- Pain and suffering
- Loss of companionship
- Punitive damages
People Who Can File a Wrongful Death Lawsuit in Costa Mesa
In Costa Mesa, CA, certain individuals are eligible to file a wrongful death claim for the deceased. Spouses and domestic partners have the first right to file a claim. If there is no surviving spouse or partner, the children of the deceased can pursue a claim, followed by their parents.
Finally, other eligible family members, such as siblings, grandparents, or other relatives, may be entitled to file a wrongful death claim under certain circumstances. It’s important to consult with a qualified Costa Mesa wrongful death lawyer to determine your eligibility.
Length of Time It Takes to Resolve a Wrongful Death Case
The duration of a wrongful death case can vary depending on the case’s complexity, the parties’ willingness to negotiate, and the court’s schedule. Some cases can be resolved in the beginning stages through negotiations, leading to early settlements. However, if a settlement cannot be reached, the case may proceed to trial, extending the timeline.
Your dedicated Costa Mesa wrongful death attorney at Simmrin Law Group will work diligently to resolve your case as efficiently as possible while fighting to secure maximum compensation for you and your family.
Contact the Simmrin Law Wrongful Death Attorneys in Costa Mesa, CA
Navigating the legal process of a wrongful death claim can be overwhelming for grieving families. Simmrin Law Group provides compassionate and skillful legal representation, guiding clients through every step of the process. Our experienced attorneys have extensive knowledge of wrongful death laws in Costa Mesa, CA, and will work hard to seek justice for your loved one.
We know how to meticulously investigate each case, establish liability, calculate damages incurred, and present powerful arguments during negotiations and in court. Call us today to set up your free consultation, and let us see how we can help you through this difficult time.