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. The law firm of Bisnar Chase believes that you are entitled to compensation for expenses such as medical bills, funeral arrangements, and future earnings.
For over 40 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.
What Does an Irvine Wrongful Death Lawyer Do?
It is unfortunate, but at times, negligent parties are not held responsible for wrongful death. 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 the financial losses that you have faced when your family member has passed.
The California wrongful death statute states that families or heirs to the deceased estate can recover damages such as:
- Loss of consortium
- Burial costs
- Loss of income
The statute also requires that the wrongful death suit be filed within two years of the death.
Common Causes of a Wrongful Death in Irvine
Accidents are the fourth most common cause of death in the United States. In recent years, 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 common.
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 even a wrong 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 a 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 of the 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 usually are hit at marked crosswalks.
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.
Can Only Family File a 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 was to be given a piece of their estate or their estate as a whole, then the non-family member can collect the earnings.
Who Can You Turn To?
Irvine is considered to be one of the safest places in the world, but when you take into account the dangers posed by reckless drivers, that claim may be inaccurate. Many wrongful death claims that arise from Irvine residents are due to catastrophic auto accidents that result 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.
No matter how your loved one suffered fatal injuries, we can assist you. We have experienced great success in all types of wrongful death lawsuits, especially in the following personal injury lawsuits.
- Brain Injuries
- Spinal Cord Injuries
- Auto Accident Lawsuits
- Product Defect Cases
- Auto Defect Cases
Our Irvine Wrongful Death Lawyers are Here for You
Our law firm has assisted more than 12,000 clients and has sustained a 99% success rate for more than 40 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 a Bisnar Chase Personal Injury 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 attorneys who make your loss a priority, immediately. Our attorneys 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.