Wrongful Death
Wrongful Death Lawyers in Orange County
A fatal accident can take away more than someone you love. It can take away that loved one’s care, companionship, support and income you and your family rely on. If you have lost a loved one in an accident in Orange County, a wrongful death claim may help you and your family obtain what you need to move on with your lives.
At Silverthorne Attorneys, we understand what you are going through. We are here to help. When you work with us, we will always be available to talk and answer any questions you may have. We will guide you through the process of filing a wrongful death claim.
At Silverthorne Attorneys, we will always be focused on your needs. If you have lost a loved one, focus on healing and let us take care of the rest. For a free consultation, call us today or use our online contact form.
Who Can File a Wrongful Death Lawsuit in California?
In California, the laws regarding a wrongful death lawsuit, and who can file one can be quite complicated. Under state law, several different parties may bring a lawsuit. In most cases, this includes the spouse, partner and any children of the deceased.
If the deceased had no immediate family, then others in the extended family may bring a lawsuit. Those relatives include more distant family members such as parents and stepchildren.
If you have questions about who may bring a wrongful death lawsuit in California, speak with an Orange County wrongful death lawyer today. We can discuss your options with you and explore whether you are able to move forward with a wrongful death claim.
What Do You Have to Prove in a Wrongful Death Case?
A wrongful death case can be an overwhelming process. A wrongful death claim needs documentation and an understanding of the law. In a wrongful death case, you must usually prove several different elements. Those elements will show the link between your loved one and the actions that led to the wrongful death.
In most California wrongful death cases, you must show that:
- Someone else had a duty to care for and keep the loved one free of harm. This may include employers, property owners, individuals, companies and many others.
- That person or organization failed in their duty to your loved one. When people fail to take adequate care or act recklessly, accidents happen. In those cases, the person or persons who caused an accident can and should be held responsible.
- That failure caused the wrongful death. As part of a claim, you must prove the link between someone’s failure and the wrongful death. This is an essential part of a claim.
- You suffered a loss, such as a loss of support, because of the wrongful death. In a wrongful death claim, you must show how the wrongful death led to economic and non-economic harm to you.
Depending upon the facts of your case, and the circumstances of your loved one’s wrongful death, additional elements and laws may apply. If you have questions, contact our Orange County wrongful death law firm to discuss your next steps.
Compensation in a Wrongful Death Claim
In a wrongful death claim, compensation may be available to help you and your family through your difficult time. This compensation cannot undo what has happened. However, compensation can give you and your family important resources that you need. A wrongful death claim may include these damages:
- The cost of any medical care that the deceased needed. This may include any surgeries, medication, therapy or other medical care that your loved one needed before passing away.
- Lost wages and income that the deceased may have earned. This can be an important part of a wrongful death claim because many families rely on an individual’s income. A wrongful death claim may help you get the income that you need to move forward.
- Loss of the support and services that they provided to family members. Our loved ones provide far more than income. They provide vital support every day. When you lose that support, you may struggle to get by, but a wrongful death claim can help.
- Loss of love, companionship and guidance. Our loved ones give us the love and guidance that we need. That loss can be enormous. Although a wrongful death claim cannot undo the accident, it can provide the resources to make up for that loss.
- Funeral and burial costs. Funeral expenses can be a burden on a family that is already dealing with a loss. A claim may include compensation for these costs.
Common Causes of Wrongful Death
Sadly, any accident can lead to the wrongful death of a loved one. Common causes of wrongful death include:
- Car accidents. Car accidents are a leading cause of death in California. Too many people act carelessly on our roads and highways. When they do, those we love can end up fatally injured.
- Truck accidents. Large trucks have massive weight and power. When a truck strikes another vehicle, or a problem with the cargo causes a crash, a wrongful death can be the result.
- Motorcycle accidents. On the road, motorcycle riders use skill and experience to avoid accidents. Unfortunately, accidents still happen. In a motorcycle accident, severe injury and death are common.
- Premises accidents. Whether you are at work or at a business, those in charge of the property must keep you safe. When they ignore that duty, or act carelessly, other people can pay the price with their lives.
- Slip and fall accidents. Spinal cord injuries, head injuries and many other fatal injuries can happen because of a slip and fall accident.
- Swimming pool accidents. Swimming pools can be fun. However, if they are not maintained and monitored, they can easily harm those we love.
- Defective products. We rely on manufacturers, designers and distributors to provide safe products for our loved ones. When these products fail us, they can cause life-threatening injuries and even death.
California Statute of Limitations on Wrongful Death
In California, you typically have two years from the date of the individual’s death to bring a wrongful death claim. This two-year period is set by law. You must bring the claim within that period or you may lose your right to bring it.
If you have lost a loved one, speak with our Orange County wrongful death attorneys today to understand when and how to bring your claim.
How Our Wrongful Death Lawyers Can Help You
Our wrongful death lawyers can help you through your difficult time. We can find out what happened, take care of your claim and represent you in court. We will talk with you to understand your needs and advise you on the best path forward.
When you reach out, we can schedule a case review to understand what happened and what you need. We will discuss your options and how your claim might move forward. This initial meeting is crucial because it allows us to understand your goals and your needs.
As part of a claim, we can help you understand what happened and who should be held responsible. In some cases, it may be apparent as to what caused the loss of your loved one. In other situations, it may take a thorough investigation to determine the cause. Our wrongful death lawyers can work with experts and investigators to figure out what happened and who should be held responsible.
We can also manage any discussions or negotiations with insurance companies and those responsible. The loss of a loved one can leave you in a fragile state, and a wrongful death claim can be a time-consuming and exhausting process. A wrongful death attorney can take the burden off you by handling any paperwork and discussions that your claim needs.
Our wrongful death lawyers can also stand up for you, your family and your loved one in court. In some cases, the people or organizations who are responsible for your loved one’s death may refuse to accept responsibility. We can file a wrongful death lawsuit, bring them to court, and fight for you and your loved one before a judge and jury.
Talk With Our Wrongful Death Lawyers Today
If you have lost a loved one due to someone else’s negligent or intentional act, contact the Orange County wrongful death lawyers at Silverthorne Attorneys today. We understand how devastating this loss is for you and your family. We are here to help. We will always be available to talk and answer any questions you have. When you work with us, you are in control, you decide what is fair, and we fight for it.
To schedule your free consultation with a wrongful death lawyer in Orange County, CA, call us today or use our online contact form.