The experienced Irvine wrongful death lawyers of Bisnar Chase realize that finding legal representation after the death of a loved one can be daunting. Losing a family member due to someone’s negligence is unjust and devastating.
Not only does the family of the deceased inherit grief and despair, but they also face the financial burdens that have been left behind. Bisnar Chase’s law firm believes you are entitled to compensation for expenses such as medical bills, funeral arrangements, and future earnings.
- Over $850M won
- 46 years serving Orange County plaintiffs
- Seasoned trial lawyers
- 99% success rate
For over 46 years, our Irvine wrongful death attorneys have worked with families across Orange County who have experienced the loss of a loved one due to someone’s carelessness. We have a 99% success rate and have won millions of dollars for our clients.
Nothing can bring a loved one back, but we are here to ease your burden by handling every aspect of your case while winning the compensation that you deserve. Contact our Irvine personal injury attorneys today to learn more about your legal options. Call (949) 203-3814 for a free consultation today.
Irvine Wrongful Death Lawyer
California Wrongful Death Statute
Wrongful death is characterized as a person dying due to an outside party’s negligent actions, whether they are reckless, careless, or malicious. An Irvine wrongful death lawsuit is separate from criminal proceedings. It is designed to compensate the family of the deceased.
A wrongful death lawyer will not only bring those negligent parties to justice but will also win you back the financial losses that you have faced when your family member has passed.
The California wrongful death statute is outlined in the California Code of Civil Procedure, specifically in sections 377.60 to 377.62. This statute defines who is eligible to bring a wrongful death claim, the damages that can be recovered, and the time limits for filing such a claim.
The damages in a wrongful death claim in California can include:
- The deceased’s Financial support would have contributed to the family during their lifetime.
- Loss of gifts or benefits that the claimant would have expected to receive from the deceased.
- Funeral and burial expenses.
- The reasonable value of household services that the deceased would have provided.
- Loss of companionship, affection, moral support, and consortium in the case of a spouse.
Statute of Limitations
In California, a wrongful death claim must generally be filed within two years of the date of the deceased person’s death. If the claim is against a government entity, the time frame may be shorter, typically requiring a claim to be filed within six months of the death.
Civil Suits, not Criminal Suits
It’s important to note that wrongful death claims in California are civil suits, separate from any criminal charges that might be associated with the death (such as charges of manslaughter or murder). The standard of proof is also different; wrongful death claims only need to meet the “preponderance of the evidence” standard, which is lower than the “beyond a reasonable doubt” standard used in criminal cases.
Given the complexities of wrongful death claims and the variations that can occur based on your circumstances, it’s advisable to consult a seasoned and highly experienced Irvine wrongful death lawyer.
Common Causes of a Wrongful Death in Irvine
Accidents are the fourth most common cause of death in the United States. Recently, a 14-year-old girl named Ashton Sweet was killed by a drunk driver when her vehicle was struck in Irvine. This is just one example of wrongful death in the Irvine area, but these cases are frighteningly familiar.
Common causes of wrongful death include:
- Medical malpractice: Contrary to popular belief, medical malpractice does not solely involve a surgery going awry. It can involve a medical professional prescribing the wrong medication or diagnosis. Each year, there are over 15,000 medical malpractice suits.
- Defective products: Products that have caused irreparable damage to a consumer, either physically or emotionally, can be the basis for a product liability lawsuit. Some defective product suits in the past have included defective airbags, hoverboard explosions, and transvaginal mesh.
- Employment-related accidents: Over 57% of work-related deaths occur in the construction industry. Some causes can be electrocutions, being caught in a dangerous machine, falls, or being hit by an object. If your loved one has passed away on the job, you have the right to file a survivor’s claim.
- Pedestrian accidents: Texting and driving are some of the recent root causes of car accidents in or around Irvine. Distracted driving makes up over 50% of pedestrian deaths. Victims of distracted driving are usually hit at marked crosswalks.
- Motor Vehicle Accidents: This includes car, truck, motorcycle, bicycle, and pedestrian accidents. Negligence, such as distracted driving, drunk driving, or violating traffic laws, often leads to fatal accidents.
- Product Liability: Defective or dangerous products, such as faulty automotive parts, unsafe children’s toys, or medical devices, can lead to fatal accidents or health complications.
- Slip and Fall Accidents: Especially common among the elderly, these accidents can occur due to unsafe property conditions like wet floors, poor lighting, or uneven surfaces.
- Criminal Acts: Homicides or intentional harm inflicted by another person can be grounds for a wrongful death claim, separate from any criminal charges the perpetrator may face.
- Nursing Home Abuse and Neglect: Elderly residents can suffer fatal injuries due to neglect or abuse in nursing homes or long-term care facilities.
- Recreational Accidents: Activities like boating, swimming, hiking, or sports can sometimes lead to fatal accidents, especially if safety regulations are not followed.
- Fire and Burn Injuries: Fires in homes, workplaces, or public spaces can lead to fatalities, often due to negligence like faulty wiring or failure to comply with fire safety standards.
3 Elements of a Wrongful Death Suit
There are certain factors that need to be proven in a wrongful death case in order to receive maximum compensation. Carelessness must be demonstrated by either a drunk driver, an employer, or a medical professional. Below are the three main components of a wrongful death suit.
3 elements of a wrongful death suit:
- Causation: If a person has passed due to the action of another then this is grounds for causation. One of the easiest ways you can determine causation is using the “but for” assessment. “But for the doings of the negligent party, the victim would still be alive.” For example, if the drunk driver had not gone behind the wheel my son would still be alive.”
- Duty of Care: The family member of the deceased must prove that the negligent party had an obligation to the plaintiff. For instance, a car manufacturer had the duty to make sure the airbags in a vehicle are functioning well so they may protect the driver in an accident.
- Breach of duty of care: Breach of duty falls after the duty of care in which the individual who had the obligation, failed to perform the duty that they owed to the plaintiff. An example of this can be if a doctor does not perform to the best of their ability such as giving a patient the proper medication or did not follow the appropriate procedure if the client was having a heart attack.
Who Can File a California Wrongful Death Claim?
Family members, such as spouses or surviving children, can file a wrongful death claim. People who were close to the deceased can also inherit their estate. If the deceased left a will stating that an outside party would be given a piece of their estate or their entire estate, then the non-family member can collect the earnings.
Typical wrongful death claims:
Immediate Family Members: Typically, the immediate family members of the deceased are the primary individuals eligible to file a wrongful death claim. This includes spouses, domestic partners, and children. Without a surviving spouse or children, the opportunity to file a claim may extend to other family members.
Parents and Siblings: If the deceased has no surviving spouse, domestic partner, or children, the parents or siblings may be eligible to file a wrongful death claim. This is more common in cases where the deceased was unmarried and childless.
Financial Dependents: In some jurisdictions, individuals who were financially dependent on the deceased, even if they are not related by blood or marriage, may have the right to file a wrongful death claim. This can include stepchildren, putative spouses (individuals who believed in good faith that they were married to the deceased), and sometimes even parents or siblings who were financially dependent on the dead.
Estate Representatives: In some instances, the executor or personal representative of the deceased’s estate may file a wrongful death claim on behalf of the estate. Any damages awarded in such a case typically go to the estate and are distributed according to the deceased’s will or state intestacy laws.
State-Specific Laws: It’s important to note that the specifics can vary significantly from state to state. Some states have more restrictive rules about who can file a wrongful death claim, while others have broader criteria. Bisnar Chase handles California wrongful death cases.
Negotiating Settlements in a Wrongful Death Lawsuit
Negotiating settlements in legal disputes, particularly in personal injury or wrongful death cases, is a critical process where the parties involved try to reach a mutually agreeable resolution without proceeding to a trial. Bisnar Chase has decades of winning against defense teams and insurance companies.
The typical wrongful death claim involves the following:
- Review of evidence to formulate a case
- Initiation of Negotiations
- Demand Letters
- Response to Demand
- Negotiation Process (this can be lengthy)
- The role of Attorneys who will take the lead on the case
- Mediation with the other parties
- Finalizing the Settlement
- Payment of Settlement
If no settlement can be agreed upon, Bisnar Chase is prepared to go to trial. Contact an Irvine wrongful death lawyer today for a fee consultation. Call 949-203-3814.
How Much Does a California Wrongful Death Lawyer Charge?
The fee structure in California for personal injury attorneys is 33–42% of the amount collected. The attorney and law firm do all of the work and collect their fee directly from the financial settlement; you’ll never pay upfront or pay us directly.
Our contingency fee basis protects you from financial liability until the case is settled. On average, using an attorney for your personal injury case collects more money.
The Importance of Timely Legal Action
The importance of timely legal action, particularly in legal disputes or claims such as personal injury and wrongful death, cannot be overstated. Acting promptly in legal matters is crucial for several reasons:
- Statute of Limitations: Most legal claims are subject to a statute of limitations, which is a law that sets the maximum time after an event within which legal proceedings may be initiated. Once this period expires, you may be barred from filing a lawsuit and seeking compensation for your damages. In personal injury cases, waiting too long could mean losing the right to sue altogether.
- Preservation of Evidence: The strength of any legal case often hinges on the quality and quantity of evidence available. Over time, evidence can be lost, destroyed, or become less reliable. Witnesses’ memories fade, physical evidence deteriorates, and documents can be misplaced. Prompt legal action ensures that evidence is preserved and collected in its most potent form.
- Witness Testimonies: Similar to preserving evidence, witness recollections are most accurate when obtained promptly after the event. Witnesses can change contact information, or their memories can become less clear over time, making their testimonies less reliable or harder to obtain.
- Legal Strategy and Preparation: The sooner you engage with our legal professionals, the more time we have to develop a robust strategy for your case.
- Mitigating Financial Impact: The financial impact can be significant in cases like personal injury or wrongful death. Timely legal action can expedite obtaining compensation, which can be crucial for covering medical bills, lost wages, and other expenses related to the incident.
- Insurance Considerations: In insurance claims cases, insurers often require prompt reporting of incidents. Failure to report promptly can result in the denial of the claim.
It is always advisable to consult with a legal professional as soon as possible to understand the specific timelines and actions required for your situation. Call an Irvine wrongful death lawyer today at 949-203-3814 for a free case evaluation.
Bisnar Chase: 2024 Top-Rated Irvine Wrongful Death Lawyers
Irvine is considered one of the safest places in the world, but when you consider the dangers posed by reckless drivers, that claim may be inaccurate. Many wrongful death claims from Irvine residents are due to catastrophic auto accidents resulting in fatal injuries. Many people come to our Irvine injury attorneys for help in obtaining justice against those who are responsible for the death of their loved ones, and we take great pride in obtaining just compensation.
We can assist you no matter how your loved one suffered fatal injuries. We have experienced great success in all wrongful death lawsuits, especially in the following personal injury lawsuits.
- Brain Injuries
- Spinal Cord Injuries
- Auto Accident Lawsuits
- Product Defect Cases
- Auto Defect Cases
Contact Our Irvine Wrongful Death Lawyers
Our law firm has assisted more than 12,000 clients and has sustained a 99% success rate for more than 46 years. We have a long history of highly satisfied clients and will give you a personal experience that has been replicated but never duplicated.
When you hire our Irvine wrongful death attorneys, we begin working on your case immediately. We will send investigators to the scene and contact the responsible entity immediately. We will give you the peace of mind associated with personal injury attorneys who make your loss a priority, immediately. Our wrongful death lawyers in Irvine care about more than a monetary reward, and you will experience their passion for assisting wrongful death victims the moment you call us.
Call (949) 203-3814 to take advantage of your free consultation and receive free legal advice from our team of experts today.
