When a Death Becomes a Wrongful Death
Death is always heartbreaking. However, in some situations, a death happens because of another person’s wrongdoing or negligence. When a preventable accident happens and someone is killed, the individual who caused the accident can be held responsible. This is called a wrongful death.
Under California law, the loved ones of a deceased victim can file a wrongful death lawsuit to hold a person or company legally accountable for causing a fatality. These types of cases are brought when an accident victim would have had a personal injury claim if he or she was still alive.
California Wrongful Death Law
California law considers a death wrongful when an individual or company causes a death as a result of their negligent or reckless action. Examples of cases giving rising to a wrongful death claim include:
- A motorist causes a fatal motor vehicle crash
- A health care professional makes an error that results in the death of a patient
- A defective drug cause a fatal heath attack or results in other deadly side effects
- A dog attack results in the death of the victim
- A property owner is negligent about security or about maintaining their property, resulting in a deadly attack or fatal slip and fall accident
Wrongful death cases can be resolved through a negotiated settlement. It is generally the responsibility of the liable party’s insurance carrier to accept fault and make a settlement offer. If the offer is not made or it does not reflect the full value of the wrongful death claim, a civil case may proceed to trial. In such cases, a jury will decide if the wrongful death occurred and decide the appropriate damages that should be awarded to the victim’s loved ones.
Wrongful Death Damages
It is never easy to place a value on the loss of someone’s life. There are various factors your Orange County wrongful death attorney will need to consider when calculating the value of your wrongful death claim.
Damages in a wrongful death claim may include the following:
- Loss of the deceased’s wages
- Loss of the deceased’s love and companionship
- Medical bills incurred to treat the patient for the injuries that resulted in the death
- Burial and funeral expenses
- Loss of the services the deceased was providing to his or her family members while still alive
Call an Orange County Wrongful Death Attorney Today!
The legal team at the Law Offices of Samer Habbas is dedicated to helping our injured clients reach the best monetary settlement when they are involved in any type of accidents. Our experienced and compassionate Orange County wrongful death attorneys are available to personally review your case. Call us at 1-888-848-5048 to schedule a free, complimentary consultation with our legal team today.