Coping with the death of a family member is one of life’s most difficult challenges. At Bisnar Chase, our Huntington Beach wrongful death attorneys are passionate about holding wrongdoers accountable for their negligence. Contact our team for a free case review if you think your loved one’s death may qualify as a wrongful death lawsuit.
Our wrongful death attorneys are here to ease the burden on you. We will investigate the fatal accident and ensure those liable are held accountable. We are here to fight for you if you have lost a loved one in or near Huntington Beach.
For aggressive litigation, straight talk, and honest answers, call (949) 203-3814 to find out more about your options. Our personal injury lawyers in Huntington Beach have been in business for more than 40 years and has a 99% success rate. We have handled many catastrophic accident cases resulting in wrongful death and can help you too.
Huntington Beach Wrongful Death Resources
5 Different Types of Orange County Wrongful Death Claims
The legal term “wrongful death” refers to someone losing their life due to someone else’s carelessness. Wrongful death can affect a family tremendously emotionally and financially. Costs such as funeral expenses and medical bills accumulated before a loved one’s death can be expensive. If the deceased was the primary income producer of the family, those family members could struggle financially to get by.
Family members who suffer the loss of a loved one usually file wrongful death claims such as:
- Car accidents: Many traffic collisions can be avoided if drivers behind the wheel adhere to the road rules. One typical behavior that leads to car accidents is distracted driving. An estimated amount of over 390,000 injuries take place annually due to drivers texting and driving. In one year, precisely 263 adolescents lost their lives at the hands of distracted drivers. Answering a text is not worth seriously injuring someone or losing a life. The majority of wrongful deaths that occur in Huntington Beach are a result of auto collisions. According to a recent California Statewide Integrated Traffic Records System (SWITRS), thirteen people lost their lives in Huntington Beach car accidents. Of those who suffered fatal injuries, 3 were pedestrians, one was on a motorcycle, and four were alcohol-related. Accidents involving other vehicles, such as truck accidents, can also be deadly.
- Work injuries: Employees that are in the construction industry can lose their lives by being struck by an object, electrocution, or slip and falls. Many workers are also killed at the hands of faulty equipment. Employers must ensure that employees are always safe on the job. Employers who fail to do so can be held accountable for damages.
- Motorcycle collisions: Bike accidents are one of the most dangerous that a person can be involved in. Motorcycles do not shield people from objects on the road or four-door vehicles. Many motorcycle injury victims can end up with a traumatic brain injury that leaves families deciding whether their loved one should stay on life support. Family members who make the difficult choice to take their loved ones off of life support at times are left emotionally damaged. Speak to a wrongful death lawyer in Huntington Beach to learn more about the compensation you can receive for losing a family member.
- Pedestrian accidents: The Centers for Disease Control and Prevention reported that 5,987 pedestrians lost their lives in one year in traffic collisions. The primary victims of pedestrian accidents were children and senior citizens. The CDC reported that over 48% of pedestrian deaths occurred due to impaired driving. Motorists with an alcoholic level of .08 or more are putting crosswalks and fellow motorists at risk.
Who Can File a Wrongful Death Claim?
There are two factors that should be present in order to have a strong foundation for a wrongful death claim. First that the victim died due to the negligence of another and the loss of that individual caused the surviving family members great pain and suffering.
People who can file a wrongful death claim include surviving children, spouses, and the deceased’s parents.
Code of Civil Procedure 377.60 states, “The decedent’s surviving spouse, domestic partner, children, and issue of deceased children, or, if there is no surviving issue of the decedent, the persons, including the surviving spouse or domestic partner, who would be entitled to the property of the decedent by intestate succession.“
The collection process of assets can change if the deceased left a will. An executor will then announce what assets will go to which person.
Damages You Can Receive in a Wrongful Death Lawsuit
When you file a wrongful death claim, you have the potential to win compensation for economic and non-economic damages.
Economic damages involve losses that have a monetary value attached to them. Some examples of economic damages include the loss of future earnings the deceased would have received, injuries to property, medical bills, and burial or funeral expenses.
A surviving family member or spouse can also claim noneconomic damages such as pain and suffering. Pain and suffering can be challenging to determine in terms of compensation. Pain and suffering are usually measured by how the spouse or loved one has been affected emotionally by the loss of their loved one.
Serving as a Huntington Beach wrongful death attorney is a difficult task; the heartache and rage that our clients experience as they struggle to recover from their loved one’s death are contagious, and we cannot help but develop a connection with each one of our clients. When you sign with Bisnar Chase Personal Injury Attorneys, you become a client for life, and you will receive a very personal experience from very passionate attorneys.
Elements of a Wrongful Death Case
California statute of limitations
The wrongful death statute of limitation in California is three years.
There are different types of wrongful death lawsuits. The statute of limitations for each type is different. For example, the statute of limitations for a survival action is two years, and the statute of limitations for a wrongful death lawsuit arising from medical malpractice is four years.
Wrongful death cause of action
The wrongful death cause of action is a legal action that is brought by the family members of a deceased person who has died due to the negligence or intentional act of another.
A wrongful death cause of action allows family members to recover damages for their emotional and financial losses. The damages available in a wrongful death cause of action include funeral expenses, lost income, and pain and suffering.
Average wrongful death settlement
The average settlement or verdict for a wrongful death claim is $500,000 to one million dollars. The amount you will receive will depend on your wrongful death claim and your attorney’s skills. The amount recovered can also depend on state laws.
Compensatory & punitive damages in a wrongful death
The wrongful death statute in California provides for both compensatory and punitive damages. Compensatory damages are awarded to compensate the survivors for economic losses, such as medical bills, funeral expenses, and loss of companionship.
Punitive damages are awarded to punish and deter those who commit wrongful acts that cause injury or death.
In California, a plaintiff may recover punitive damages from any defendant whose willful misconduct was a substantial factor in bringing about the injury or death sustained by the plaintiff.
The amount of punitive damages cannot be more than three times the amount of compensatory damages awarded and must not exceed $250,000.
Wrongful death negligence
Wrongful death negligence is a type of negligence that occurs when an individual dies due to the wrongful act or omission of another.
Wrongful death negligence is often applied to situations where people die after being denied necessary medical care, given the wrong type of treatment, or given the wrong dosage.
Wrongful death negligence can have devastating effects on families and loved ones. Wrongful death cases are often handled as civil lawsuits in which damages are sought for loss of income, companionship, and love, and other damages resulting from the wrongful death.
Wrongful death tort
Wrongful death tort is a legal term for an action brought against an individual or organization that caused the death of another.
Wrongful death is the most common civil action pursued by families and loved ones against those who caused the death.
The plaintiff must show that he or she has been wronged in some way and that this wrong was the cause of the deceased’s death.
wrongful death vs. survival action California
Wrongful death lawsuits can be filed by the spouse or children of the deceased person. These lawsuits are typically filed in California state courts and can be pursued under either a Survival Action or Wrongful Death cause of action.
Survival actions are brought by surviving family members who want to collect damages for the loss of financial support and companionship they would have received from the deceased family member.
Wrongful death value of life
The wrongful death value of life is not an exact number, but it can be determined to some extent by the person’s age, income, and other factors. For example, if a person was earning $100,000 per year at the time of their death and had no children under 18 years old, their wrongful death value could be estimated at around $3 million.
What is a wrongful death waiver?
A wrongful death waiver is a contract between the person signing it and the company for which they are signing it.
This waiver will state that the company will not be held liable for any damages which may occur if they are to kill or injure someone in their care.
Wrongful Death Attorney in Huntington Beach, California
If you have lost a loved one due to negligence, contact one of our wrongful death lawyers in Huntington Beach to take advantage of our free professional evaluation. Our success rate and history of high client satisfaction will give you the peace of mind to concentrate on your treatment rather than your monetary recovery. Call for a free consultation at (949) 203-3814.
Our attorneys will not complete your wrongful death lawsuit until every potential avenue of compensation has been investigated.
Contact the Huntington Beach wrongful death attorneys of Bisnar Chase now for a free case analysis.