The Tustin Wrongful Death Lawyers of Bisnar Chase know that having to make the decisions after your loved one’s death is a difficult burden to bear.
After the death of a close friend or family member, many suffer from extreme depression and anxiety trying to cope with their loss while taking care of their new responsibilities. Since 1978, our Southern California personal injury law firm has been fighting to relieve some of the pain and suffering that goes along with losing a close relative.
With a 99% success rate, our legal representatives have won millions in compensation for the families of the deceased.
When you call 949-203-3814 you will receive a free consultation with one of our legal team members.
What Is a Wrongful Death?
A wrongful death suit can be brought to the courts if the living relatives claim that the death of their loved one could have been avoided. Wrongful death cases give family members the opportunity to seek justice and hold those responsible for their loved one’s death. California is known to be one of the few states with the highest amount of accidental deaths.
Bisnar Chase’s Tustin Wrongful Death Attorneys have over 43 years of experience with wrongful death suits and know what the families of the deceased deserve. The following is what you can claim as damages in a wrongful death suit.
Types of Damages You Can Be Compensated for in a Wrongful Death Suit:
- Funeral and medical costs
- Loss of future earnings of the deceased
- Loss of coverage or benefits that the deceased was providing
- Mental and emotional pain and suffering
- The loss of an inheritance
We are passionate about helping families hold wrongdoers responsible for the death of their loved ones. Contact us today.
Filing a Tustin California Wrongful Death Claim
Before hiring a personal injury lawyer it must be determined that the person making a wrongful death claim is deserving of compensation. Children and spouses are not usually the only claimants of a wrongful death.
According to Civil Procedure section 377.60 the following individuals can bring forth a wrongful death case:
- Children of the deceased
- A living/current spouse
- Domestic Partner( the partner and the deceased needed to be legally registered in a domestic partnership)
- Minors who have been dependent of the deceased for more than 180 days
Types of Wrongful Death Cases We Handle
A negligent entity should be held accountable for the death of your loved one. Most are not sure if they can file a claim on behalf of their loved one for the specific kind of accident in which they lost their life. The law firm of Bisnar Chase has been taking on a multitude of specialized cases for over 40 years.
Wrongful death cases we have handled include:
Car Accident: Numerous motor vehicle crashes take place every day in California. Even if a driver is following the rules of the road, others may be neglecting them. Common behaviors that can lead to a crash can be speeding, distracted driving, and driving under the influence. Ways you can prevent a car accident are by driving at the speed limit that is posted, not using your phone while operating the vehicle, and not drinking and driving. If you are under the influence contact a friend or Uber driver so you may arrive home safely.
Truck Collisions: Semi-trucks can pose a serious danger to a passenger vehicle. Not only are they larger in length but semi-trucks can weigh thousands of pounds more than a regular vehicle. The supplies they are carrying can also add to the accident. For example, if a truck is transporting flammable liquid, and a collision occurs, an explosion can take place and endanger even more drivers. Truckers are to be properly trained and cautious when driving an 18-wheeler.
Motorcycle Crashes: Motorcyclists can be more prone to getting hurt on the highway due to the lack of protection that the cyclist has. Negligent drivers can crash into a biker and send them flying off of their motorbike causing serious fractures and traumatic brain injuries. It is important that cyclists wear more than just a helmet when riding. Other forms of equipment that riders should use are motorcycle jackets, motorcycle pants, and knee pads. If you do crash and you are wearing these kinds of protective gear than you can prevent yourself from having severe abrasions, cuts, and serious head injuries.
Work Place Incidents: Workers who are employed in industries such as the construction industry have an increased chance of suffering from major injuries or even death. According to the Occupational Safety and Health Administration “Out of 4,779 worker fatalities in private industry…1,008 or 21.1% were in construction — that is, one in five worker deaths last year were in construction.” The types of incidents that occurred that lead to these fatalities and injuries include falls, being struck by equipment, a worker being electrocuted, and caught within a machine.
Dog Bites: Unfortunately the most people who suffer from dog bite attacks are children and elderly adults. Children are often attacked by a dog due to a lack of supervision. Kids and older people can also be more apt to dog bites because of their weak stature. Many when attacked can fall and be bitten in multiple places. Blood loss or internal bleeding can be the result into the death of a dog bite victim.
Proving a Wrongful Death Claim in Tustin, CA
Damages that can be compensated for in a wrongful death lawsuit are different from those in an average negligence suit like car accidents, bike collisions, and pedestrian crashes. The plaintiff must provide a specific type of proof for the claim. There are four elements that a family member or domestic partner must prove in a wrongful death case.
4 Elements to Prove in a Wrongful Death Case
1. Negligence: The family of the deceased must prove that their loved one died out of the employer’s or third parties’ carelessness.
2. Duty: First, the family needs to prove that it was the duty of the negligent party to care for the deceased. For example, if a doctor does not perform to the best of his/her ability to maintain the health of a patient, this is seen as carelessness. The plaintiff must prove that the third party abandoned their duty as a health provider.
3. Causation: The plaintiff must prove that the defendant was the sole cause of the death of a loved one. For example, if a drunk driver kills a pedestrian, the driver is seen as the primary cause of the victim’s death.
4. Damages: It must be proven that the deceased accumulated many funeral expenses, medical bills, and potential earnings.
It is important to keep in mind for the family members of wrongful death victims that there is a limited amount of time to pursue compensation for their loved one’s death. In California, some families have as little as 6 months from the date their loved one passed.
Determining Damages in a Wrongful Death
Financial or “Pecuniary” factors are the main determinants when claiming damages for a wrongful death. Pecuniary is anything related to the costs that the loved one has acquired after their death. There are a few elements to take into consideration when trying to recover pecuniary losses.
Determinants for Claiming Pecuniary Damages from the Deceased:
- State of health of the deceased
- Life expectancy
- Loss of potential future earnings
If you are seeking out an experienced attorney well rounded in personal injury claims, fill out a contact form so you can be connected to a legal expert right away.
Our Tustin CA Attorneys Will Fight For You
Tustin Wrongful Death Lawyers have sustained a 99% success rate over the past 43 years.
We know exactly how to win your case, and have proven results assisting other families with similar situations. Our success will give you the peace of mind that you need to concentrate on recovering from your loss.
No matter how your loved one suffered catastrophic injuries, we can help.
When you call our Orange County law office at 949-203-3814 and for free legal advice.