Collecting Damages in Wrongful Death Cases
Losing a loved one is devastating in any situation. However, when the death is untimely and caused by the negligent or reckless actions of another party, it can be even harder for the deceased victim’s loved ones.
If you have lost a loved one in an accident that was caused by another party, you may be entitled to money damages. Although no amount of monetary compensation will undo the harm caused and bring back your loved one, it can bring a sense of justice and closure. Hiring an experienced Orange County wrongful death attorney can help you get the full compensation that you deserve.
Who Can Claim Wrongful Death Compensation?
California law allows legal heirs to seek wrongful death damages with the following order of precedence:
- First in line are the surviving spouse, children, and surviving issue of deceased children of the decedent — these people have the right to claim damages “jointly and severally” — that is, they share a single claim for damages.
- Next in line are the person’s parents; then brothers and sisters; then the children of deceased brothers and sisters; then grandparents; and then their descendants.
- Minors who lived with the deceased victim and who received 50% support from the victim at the time of the victim’s death. This minor must have been part of the deceased’s household for at least 180 days before the victim’s death.
Proving Wrongful Death Cases
In order for your Orange County wrongful death attorney to succeed in a wrongful death lawsuit, he must prove the following:
- Your loved one died as a result of the negligent or wrongful actions of another party
- As an heir, you suffered damages as a result of your loved one’s death
Wrongful death cases are generally more complicated than other types of personal injury claims. These cases are also typically more emotionally charged. As such, it makes it even more important for you to hire an attorney who is aggressive in getting the full compensation that you deserve, as well as compassionate to help guide you through these difficult times.
If your attorney can prove a successful wrongful death case, you may be entitled to compensation for the following:
- medical and funeral expenses connected to the death
- loss of the victim’s expected earnings
- loss of benefits, such as pension plans or medical coverage
- loss of an inheritance caused by the untimely death, and
- the value of the goods and services that a victim would have provided.
- damages for the survivors’ mental anguish or pain and suffering
- loss of the care, protection, guidance, advice, training, and nurturing from the deceased
- loss of love, society, and companionship from the deceased, and
- loss of consortium from a deceased spouse.
Call an Orange County Wrongful Death Attorney
As a family member of a loved one who died in an accident, you may also be entitled to compensation. To ensure you get the full money damages you deserve, you need to consult with and hire an Orange County wrongful death attorney.
For more information or to schedule a complimentary consultation with an OC wrongful death lawyer, please call the Law Offices of Samer Habbas at (888) 848-5084.