The loss of a loved one can be devastating and traumatic, turning your world upside down in an instant. No money can fill that awful void, but an experienced Orange County wrongful death attorney of Bisnar Chase is here to help you fight for justice and compensation.
For many people, calling an attorney is the last thing they feel like doing after suffering a loss. But so many deaths are the result of negligence. This indicates that they are avoidable and the result of careless, reckless, or malicious actions by another person or entity. These are cases of wrongful death.
- Over $900M won
- 99% success rate
- Seasoned trial attorneys
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If you have lost someone to wrongful death in Orange County, our team can offer you compassionate support and expert legal help at this terrible time. Call (949) 203-3814 and use the live chat feature on our website for 24/7 service. We offer a FREE consultation with no obligations.
Wrongful Death Lawyers in Orange County
Managing partner Brian Chase discusses why it is important to have a lawyer on your side for a wrongful death claim.
Orange County Wrongful Death Lawsuits
What is wrongful death, and how do you know if you have a case? Wrongful death is a legal term. It refers to a fatality that was the result of someone else’s negligence. According to California law, survivors of the deceased victim (usually family members or dependents) can sue the negligent parties by filing a wrongful death lawsuit.
Several factors must be present to file a wrongful death lawsuit in Orange County, CA.
- A person has died.
- Negligent actions or malicious acts caused or contributed to the death.
- Surviving family members must have suffered an element of financial loss due to the death.
- A representative is appointed to file a claim for the deceased person and their survivors.
A skilled Orange County wrongful death attorney can recover compensation for the family members by proving these elements.
Wrongful death is a civil lawsuit and is entirely separate from any criminal action taken by police and prosecutors. Civil cases do not come with punishments such as jail time. They are designed to secure financial compensation for the victim’s loved ones.
Civil v. Criminal
The case of O.J. Simpson is a famous example of the difference between criminal and civil proceedings after a fatality. O.J. Simpson was arrested and charged with the murders of his ex-wife Nicole Brown Simpson and her friend Ronald Goldman in 1994. He first underwent a criminal trial but was acquitted of the charges.
However, the family of Ronald Goldman was still able to file a separate civil wrongful death lawsuit with the California courts. Civil cases have a lower standard of proof required, and they were awarded $33.5 million in compensatory and punitive damages.
Allowing survivors to file a civil suit has several benefits.
- It can provide financial compensation for family members.
- Wrongdoers are held accountable for their negligence.
- A successful lawsuit offers some measure of justice.
- Survival actions if it applies.
Some people have mixed feelings about making a wrongful death claim in Orange County after losing a loved one. It can be a horrific and confusing time, and knowing when to seek legal advice is difficult. We are not here to tell you how you should or should not feel after the death of a loved one. Everyone processes grief differently. This is a tough time, and nothing anyone says can change that.
Let us share the burden. An Orange County wrongful death attorney from Bisnar Chase will provide compassion and support. We care for every element of your case, allowing you to focus on getting your life back on track.
We take pride in holding at-fault parties accountable and securing the maximum possible compensation. This allows the victim to provide for the people who depend on them, even after they are gone. Call 949-203-3814 for a free case evaluation today.
Common Causes of a Wrongful Death
Accidents of all types happen every day in Orange County. In tragic cases, they may prove to be fatal. The following are some of the most common causes of wrongful death in Orange County:
- Auto accidents: The roads around Orange County are busy and congested. A volume of traffic brings with it added danger. Fatal car accidents are frighteningly frequent across Southern California. Truck crashes, motorcycle accidents, and other vehicular collisions are also common.
- Fall injuries and other premises liability: More than 40,000 people die from fall injuries across the U.S. every year. The numbers are staggering. Other premises liability accidents, in which a person is hurt on someone else’s property, also account for plenty of deaths.
- Pedestrian and cycling accidents: Roads are dangerous not only for motorists. Foot traffic is high in Orange County due to the beautiful year-round weather, but pedestrians, cyclists, and e-bike and e-scooter riders are vulnerable in the event of a collision.
- Dangerous and defective products: Some products are poorly designed or badly manufactured. When a dangerous item malfunctions, it can be deadly. Examples include defective car parts, exploding lithium-ion batteries, and much more.
- Construction and workplace injuries: While most workplaces are perfectly safe, some can provide genuine dangers. For example, construction workers on a job site may face dangerous hazards that threaten their safety.
- Attacks and assaults with violence: While accidents are a common cause of wrongful death in Orange County, some cases also involve intentional violence or violence that has unintended consequences.
- Medical malpractice: Medical errors, negligence, surgical mistakes, or poor patient care are common issues in a wrongful death claim.
- Drownings: Negligence or poor supervision are common reasons people die in drowning accidents.
- Poisoning: In California, poisoning is the leading cause of preventable injury-related deaths, with a rate of 27.6.
- Overdoses: unintentional overdoses by negligence in rehab facilities, nursing homes, hospitals, and doctor’s offices. Drug dealers can also be held liable in a wrongful death.
These are just some of the top causes of wrongful death around OC. Contact an Orange County wrongful death lawyer of Bisnar Chase for advice right away if you lost a loved one in a fatal accident that was the result of negligence, regardless of how it occurred.
Who Can File a Wrongful Death Claim?
California law restricts who can and cannot file a wrongful death lawsuit in Orange County. This is designed to prevent speculative claims and ensure those who have suffered genuine loss are appropriately compensated.
Those in the line of descent file most wrongful death claims. This includes:
- A spouse or domestic partner
- The children or grandchildren of the deceased
- Possibly the parents or siblings of the deceased
Other parties may file a wrongful death claim if they can prove they were financially dependent on the deceased. This may include:
- A putative spouse
- Stepchildren
- A legal guardian
The complete laws and full guidelines are listed here.
If you are unsure if you may be able to file a claim, contact our Orange County wrongful death attorneys for expert legal advice free of charge. Call 949-203-3814.
What is the Average Settlement for a Wrongful Death?
There is no set financial compensation in a wrongful death case, and the degree of harm or negligence will ascertain the value of your personal injury case.
We have seen cases where lesser negligence was involved, leading to a reduced settlement or verdict, and we have also seen 7-8-figure settlements for aggravated malice or negligence. Talk to an Orange County wrongful death attorney to see how compensation applies to your case, specifically.
What is the Difference Between Wrongful Death and Negligence?
Negligence can fall under a wrongful death claim. An injury that led to a death from someone else’s negligence can be sued for it. If a business breaches a duty of care or entity, the family can bring damages against them for financial compensation.
There are several categories this can fall under.
- Negligent actions (like malpractice)
- Intentional actions (like assault)
- Strict liability (like a defective or dangerous product)
Wrongful death can be caused by negligence as well as intentional acts and strict liability cases.
Is There a Wrongful Death Law in California?
Yes. California Code of Civil Procedure section 377.60 covers wrongful death cases in California. The statute covers:
- Who can file a wrongful death claim
- Elements of a wrongful death case (damages, causation, duty of care, breach of duty)
- Economic and non-economic damages
- Statute of limitations to file (2 years)
Can punitive damages be awarded in a wrongful death case?
Generally speaking, no. However, if certain circumstances apply, like a survivable action or felony homicide, then punitive damages may apply.
To determine if you may be entitled to punitive damages from the loss of a loved one, call our top-rated Orange County wrongful death attorneys today.
Is There a Cap on a Wrongful Death Claim in California?
No, there is no limit on economic damages for a California wrongful death claim.
No cap includes:
- Loss of financial support
- Loss of benefits
- Funeral and burial expenses
- Lost household services
- Loss of their earning capacity
The only exceptions are medical malpractice claims, capped at $500,000.00, and governmental claims, where tort rules may apply.
Do I have to Pay Taxes on Wrongful Death Compensation?
Compensation damages in a wrongful death case are generally not taxable at a federal level. The exception would be punitive damages that must be reported under “other income” on your tax returns.
You do have to pay taxes on interest you’ve earned as part of your financial compensation and taxes if you claimed a deduction for medical costs that are later reimbursed to you.
Why Bisnar Chase is the Best Personal Injury Law Firm For Your Case
We know that competition is fierce among wrongful death law firms in Orange County. We want you to get the superior representation that you deserve. But we are also sensitive that this is a difficult time for you, and you don’t need a hard sales pitch right now.
Above all, we want you to be comfortable and confident in your choice. Below are some of the qualities that we believe set us apart as a premier firm in California.
- Client Experience: We concentrate on the client experience. Results are essential, but we also ensure you are treated with respect and compassion at every stage of the process.
- Regular Contact: Our team will keep in regular contact with you. Other firms can be hard to reach, but our policy is to stay in touch and keep you in the loop.
- Free Initial Case Review: We offer a free consultation with no obligations or pressure.
- No Win No Fee: We offer a no win no fee promise that protects our clients and makes our services accessible to all.
- Success Rate: Our firm maintains a phenomenal 99% success rate. We win for our clients.
- Bigger Settlements and Verdicts: Winning is important, but we also maximize the value of all claims. We have won more than $900 million for our clients.
We will pursue the defendant to ensure justice for the decedent’s family. We understand the financial burden an event like this brings, including funeral expenses, medical bills, estate costs, and stress. We will assist the relatives and spouses in seeking closure.
Call us now to speak to one of our wrongful death attorneys in Orange County and get a better feel for our firm. If you decide to sign with Bisnar Chase, we will work tirelessly to secure the best possible result in your case.
Proving Liability in a Wrongful Death Case
Several steps of liability must be proven to win a wrongful death lawsuit. Essentially, you must prove that the death was a result of negligence and has impacted the survivors of the deceased. The following criteria must be met to win your case:
- You must show that the negligent party owed a duty of care to the deceased. For example, a property owner owes a duty of care to people on their premises, while drivers owe a duty of care to other road users.
- The at-fault party must be shown to have breached that duty of care. A driver speeding or a property owner failing to fix a known hazard are examples of breached duty of care.
- It must be shown that the actions of the at-fault party contributed to or directly caused the death of your loved one.
- You must show that the death has impacted the survivors of the deceased.
A skilled Orange County wrongful death attorney will build a strong case and maximize the value of your claim. We will work with you to establish a body of evidence, arrange expert witnesses as needed, handle all filing and deadlines, and much more. Contact us now for a free case review to find out more about getting your case started.
What is Your Wrongful Death Claim Worth?
The damages you can claim in a wrongful death can be divided into two categories. The first is tangible financial losses. These cover:
- Loss of income and current financial support. This accounts for potential lifetime earnings.
- Any medical expenses related to the death, such as treatment for fatal injuries.
- Funeral costs and burial related expenses.
Family members may also be able to include non-economic damages. These are not tangible but are still very real in terms of loss. They include:
- A loss of love, affection, and companionship.
- A loss of moral support and guidance.
- Protection and community.
These factors are accounted for because the law acknowledges that losing a loved one is not just about money. Their passing might impact their family members and dependents financially. But those survivors have also lost a big part of their lives. The loss of the relationship is often far more devastating, and no amount of money can replace that.
When it comes to the value of your claim, every case is different. The amount you could recover will depend on your specific circumstances.
However, we can say that the Orange County wrongful death attorneys of Bisnar Chase are highly experienced in maximizing the value of wrongful death payouts.
We have won millions of dollars for the families of victims. In one recent case, our injury attorneys secured an $11 million jury verdict in a rehabilitation facility wrongful death case (below).
Orange County Wrongful Death FAQs
Most people find the legal process daunting. There is a lot to take in, especially when you are already dealing with the grief and confusion of losing a loved one. We are here to simplify the process for you.
We hope this page will answer many of your questions, and some of the most frequently asked questions about wrongful death lawsuits are listed below. If you have a question that has not been answered, do not hesitate to give us a call. Once you are ready to get your case started, let us know.
Statute of limitations is a legal term that tells you how long you have to file a lawsuit. Cases in Orange County fall under California law. The statute of limitations for a wrongful death case is two years in most cases, which means you have two years from the date of death to make a claim.
Some cases are settled out of court, while others go to trial and rely on a jury verdict. The vast majority of wrongful death cases in Orange County will be settled. Juries can be unpredictable, and trials are expensive, so this method is safer and cheaper. The Orange County wrongful death lawyers of Bisnar Chase are expert negotiators and secure top settlement offers. However, sometimes the defense refuses to make a fair offer, and we are dedicated to ensuring you get the compensation you deserve. Our team is also made up of tough trial lawyers and has the resources to fight for you in court when required.
Once you file a claim, how long will it take to be resolved? This depends on the case. It may be a matter of weeks, or it might take months or even years. The length of the suit will depend on lots of factors, from the manner of death to the defense of the at-fault party. We will take care of all aspects of your lawsuit during this difficult period and communicate regularly with you.
At Bisnar Chase, we offer a no win no fee promise. This is a stressful time, and you do not need to add the financial stress of covering out-of-pocket fees. We work on contingency, advancing the expenses necessary to win your case. If we win, we get a pre-agreed percentage of the recovery. If not, you do not owe us anything.
Wrongful Death Statistics for California
Accidental deaths and fatalities caused by negligence are worryingly common. Here are just a few statistics surrounding these cases:
- More than 200,000 unintentional injury deaths occur every year in the United States.
- Each year, falls are the cause of over 42,000 fatalities.
- More than 40,000 people die in motor vehicle accidents each year.
- California is the second-worst state for fatal car accidents, with more than 3,300 fatal crashes and 3,600 traffic deaths annually.
- There are nearly 25,000 murders in the U.S. every year, and assaults cause 1.2 million emergency department visits.
The leading causes of death involve terminal medical conditions, most of which do not fall under wrongful death law. However, the following provides a guide for accidental and malicious death causes.
It should be noted that vehicle accidents and falls usually head the list. Accidental poisoning is a prominent cause of death, but that figure has spiked in recent years due to the opioid epidemic, as it encompasses drug issues.
2024 Best Orange County Wrongful Death Attorney
If you have lost a loved one, you do not have to suffer in silence. Contact a Best Rated Orange County wrongful death attorney for compassionate guidance and superior legal representation in your case.
Our law firm has been based in Newport Beach, Orange County, for more than 46 years. We have decades of experience and have helped more than 12,000 clients.
A positive outcome in your wrongful death claim is extremely important to us and the work we do in the legal community. On your behalf, we will seek justice for the death of your loved one and seek to reimburse you for bills and lost wages.
With more than $900 million recovered and a 99% success rate, we maximize the value of your case and give you a measure of justice. Just as importantly, we are passionate about providing the best client experience. You will find our team compassionate and caring, while the opposition will find us tough negotiators who do not back down.
Contact our Orange County wrongful death lawyers now. Call (949) 203-3814, use the live chat feature on our website for 24/7 help or click here to email us.
