Anaheim Wrongful Death Attorney
Losing a loved one is always difficult. However, when the loss is untimely and due to the negligence of another party, it can be even more devastating. As the family member of a deceased victim of an accident, you may be entitled to compensation from the negligent party that caused the fatal accident. The money damages will not bring back your loved one or undue the pain, but it will bring you a sense of justice and closure.
If you have lost a loved one as a result of the negligence of another party you may be entitled to file a wrongful death claim. The wrongful death attorneys at the Law Offices of Samer Habbas understand how difficult the wrongful death of a loved one can be. Our compassionate Anaheim wrongful death lawyers will help you and your family members get the full justice and compensation that you deserve.
Wrongful Death Explained
A wrongful death lawsuit allows surviving family members to seek justice on behalf of a loved one passed away due to an act of carelessness or negligence. A wrongful death claim allows you to seek compensation for economic damages and related losses, including burial and funeral expenses. It is brought in a civil action, especially in cases when criminal action has failed or not brought forth by the state.
A wrongful death claim can be brought in any type of personal injury claim that results in death, including:
- Medical malpractice
- Motor vehicle or truck accidents
- Pedestrian accidents
- Bicycle accidents
- Premises liability accidents
- Criminal attacks
- Work-related exposure to dangerous conditions or substances
- Death during a supervised activity
- Construction accidents, etc.
If you have experienced the untimely loss of a loved one, you should immediately consult with an Anaheim wrongful death lawyer to explore your legal options.
Elements of a Wrongful Death Lawsuit
In a wrongful death case, you must prove the death of your loved one was caused either by part or in whole by the carelessness, recklessness, or by the negligent actions of the defendant. The specific elements you need to prove are:
- Duty – the defendant owed some sort of duty (such as a motorist having the duty to drive safely and obey traffic laws)
- Breach of duty – the defendant breached such duty as a result of their negligent actions (such as a motorist driving in excess of the speeding limit)
- Causation – the duty of the defendant was breached towards the victim and such breach caused the death of your loved one (such as the speeding resulted in the fatal accident).
- Damages – the death generated quantifiable damages, including but not limited to hospitalizations, medical expenses, burial costs, loss of income, loss of potential earnings
You only have a specific amount of time to file a wrongful death case, referred to as the statute of limitations. If you fail to timely file your claim or lawsuit, you may be forever barred from seeking damages.
Compensation in Wrongful Death Claims
Valuation in wrongful death cases can get complicated. Our Anaheim wrongful death attorneys will first need to calculate the monetary damages that are associated with the death of your loved one. Once they have determined this figure, it will become the basis by which your pain and suffering damages are calculated. In most cases, we will use a multiplier or per diem method to reach this figure.
Generally, wrongful death claims allow monetary compensation for:
- Funeral and medical expenses
- Loss of a parent’s guidance and training
- Loss of financial support
- Loss of services typically provided by the deceased
- Considerable pain and suffering by the deceased, etc.
Who Can Sue for Wrongful Death in California?
Under California law (California Code of Civil Procedure 377.60), only specific people are permitted legal standing to file a wrongful death lawsuit:
- A surviving spouse or domestic partner
- Surviving children
- Anyone entitled to the property by intestate succession
- Putative spouse
- Children of a putative spouse
- Stepchildren or minor children
In situation where there are no surviving persons in the decedent’s line of descent, a wrongful death claim may be filed by an individual who would have been entitled to the decedent’s estate under “intestate succession” laws, or the state’s hierarchy of distributing property to a person’s closest living relatives in the event that they should die without a will.
How Can an Anaheim Wrongful Death Attorney Help?
When it comes to wrongful death cases, the credibility and quality of the evidence is more important than the quantity. This makes it imperative to hire legal representation that specifically handles these types of cases.
At the Law Offices of Samer Habbas, we do not believe families should have to accept the wrongful death of their loved one without putting up a fight. Your family deserves answers, justice, and compensation. When you hire our experienced and aggressive Anaheim wrongful death lawyers, you can be confident that you will get the justice and closure that you deserve.
Let our legal team handle the complex legal aspects of your wrongful death case while you and your family grieve and try to heal:
- Investigate the facts of the accident
- Collect the necessary evidence to prove your case
- Identify all possible at-fault parties
- Obtain the decedent’s medical records
- Deal with confusing claim documents
- Prove losses incurred by your family’s loss
- Build a solid case against the at-fault parties
- Demand and obtain maximum compensation from the insurance companies
If you have lost a loved one in a wrongful death incident, contact the Law Offices of Samer Habbas. You may be entitled to a fair settlement! Our experienced and compassionate legal team will work hard to get you the full extent of the compensation that you deserve.
For more information or to schedule a complimentary consultation with one of our wrongful death attorneys, please call 949-727-9300. The Anaheim wrongful death attorneys at the Law Offices of Samer Habbas help the survivors of victims receive just compensation for their tragic losses.