Anaheim Wrongful Death Attorneys
Family members of wrongful death victims are ill-equipped to handle the new responsibilities that arise as a result of their loved one's untimely death. The Anaheim Wrongful Death Attorneys of Bisnar Chase understand that funeral preparations, costs accrued in hopes of reviving, and paralyzing grief can be too much to handle.
Our Anaheim injury lawyers have 39 years of experience assisting victims similar to yourself, and know how to give you an experience designed to help cushion the blow at a time when you need it most.
Our expert legal advice and passionate commitment to obtaining justice has created a winning formula that has recovered over $300 million for our clients and has contributed to a new standard of excellence for wrongful death attorneys across the nation in addition to winning the seal of approval for all of Orange County as one of the best law firm in the area.
Call us now at 949-203-3814 to get unparalleled assistance with your wrongful death claim.
What Is Considered a Wrongful Death?
When a person passes due to the legal fault of another individual, that can be defined as a wrongful death. The issue of a wrongful death was not an important topic of conversation until recently. The reason why is that "common law" jurisdictions did not want to proceed with this legal matter because the deceased can not bring forth the suit.
It is now possible for a family member of a passed loved one to bring forth a suit for a wrongful death.
The family member must present the court with two documents which is the "full value of the life" of the dead and a "survival" claim.
The "full value of life" is a documented accusation that presents the economic and noneconomic earning of the deceased. If the person had claimed pain or had accumulated medical expenses before their death, this can also aid the wrongful death claim. A "survival" claim surrounds the suffering in which the deceased endured in his/her lifetime because of the incident.
It is important to take note that each process or procedure for a wrongful death claim varies from state to state.
Types Of Wrongful Death Cases
Legal cases of unjust death are complex and have a strong attention to detail. It is of the utmost importance that you seek the council of a trained and experienced attorney who specializes in these types of cases. If your loved one "is survived by" you, you have the legal right to press charges to receive compensation for the following:
- 1. Absence of companionship/love
- 2. Absence of household services once provided by the deceased
- 3. Absence of financial support once provided by the deceased
Acts on negligence, such as a neighbor/caretaker failed to notify a family member of imminent danger constitutes as wrongful death. Other examples of wrongful death cases include:
- Death by a reckless driver
- Death from a workplace accident
- Death by defective product
- Death by medical malpractice (The attorneys at Bisnar Chase currently are not taking these types of cases.)
- Death by dog attack
- Death from elder abuse/neglect
What Evidence Needs to Be Provided to Prove a Wrongful Death?
The following can help you obtain compensation for your beloved's unjust death:
- Proving that the victim was killed from another's absence or lack of action .
- Showing the action taken that resulted in the fatal injuries was due to negligence or malicious intent.
- Justifying whom has the legal right to bring action against the alleged at-fault party.
How Much Can You Sue for a Wrongful Death?
The key aspect to point out first, is that your lawyer or the case itself can not guarantee what would be the amount compensated for the wrongful death. If a lawyer tells you from the beginning that a certain amount will be awarded to you, you are strongly advised to look elsewhere for legal representation.
One prominent factor in determining the worth of a wrongful death case is the deceased person's financial contribution to a household. Another important factor to keep in mind is the negligence of the wrongful death. The amount of negligence of the wrongful death can effect your case greatly. If there was negligence to be found on the part of the deceased it can be difficult to be awarded a great amount of damages.
Common Wrongful Death Questions
Who can file a wrongful death suit?
A wrongful death suit can be filed by the deceased living spouse or children. If the deceased had never been married and does not leave behind children, the surviving parents can file a wrongful death claim as well.
How do the courts determine the damages?
The factors that are taken into account when determining the damages for the wrongful death of a loved one can be the health conditions of the deceased loved one, the past and future earnings of the deceased and the supposed life expectancy of the deceased.
What is the process with dividing up the inheritance among surviving loved ones?
The court can determine who and how much each living relative will receive, but it is suggested that there be a mutual agreement among the relatives of how the inheritance should be divided.
Compensation for a Wrongful Death Case
The laws vary in each state and this in itself will dictate the amount of compensation you and your family will receive. However, the universal factors that go into deciding the amount of compensation the plaintiff will receive include:
- Earning salary of the deceased
- How financially dependent the plaintiff(s) were on the deceased
- How much the deceased had financially saved
- Collective loss of companionship
- Collective medical and funeral expenses for the deceased
In addition, there is a limited time an individual can file a lawsuit for a wrongful death, so if you plan to take legal action, our attorneys urge you to do it now rather than wait until it is too late.
Wrongful Death Lawyers in Anaheim
If you are looking for an experienced Anaheim wrongful death attorney with real results, call our Orange County law firm now. We have had over 39 years representing Orange County and Anaheim, California wrongful death victims and will give you the confidence to move forward.
Call 949-203-3814 now for your free case review.
Bisnar Chase Personal Injury Attorneys
1301 Dove St. #120
Newport Beach, CA 92660