Whether or not you have a wrongful death claim is largely determined by the negligence of the party that caused it. We want to keep everything as safe as reasonably possible. Part of the civil justice system is encouraging safe conduct and discouraging unsafe conduct. If someone is engaging in unsafe conduct and it results in the death of a loved one, you're entitled to compensation. In California, we look to what is known as the KC CACI jury instructions to tell us and to guide us in the trial as to how evidence is processed. One of those cases that is really important is the wrongful death case E, which tells us what an individual making a wrongful death claim can recover. Typically, it's a spouse or other loved one who can recover damages for the loss of care and companionship as well as any financial support that that individual used to provide to that loved one. Whether or not an individual needs an autopsy to preserve their wrongful death claim is a case-by-case situation. If you're deciding whether or not to perform an autopsy, you really should talk to an attorney and see if it's something that you need to have done. A lot of different considerations go into whether or not to have an autopsy done above and beyond the normal steps that a coroner is going to take in determining what to do when someone passes away. If your spouse passes away because of the negligence of someone else, it's really important to consult an attorney as quickly as possible. The attorney is going to talk to you about the steps that need to be taken in order to protect your claim and to help you recover appropriate damages for what you're suffering because you've lost something very important to you. If your spouse dies because of the negligence of someone else, it's really important to look at the circumstances of the death and why the death happened. Could this death have been prevented? If you've been injured and you need an attorney, call Case Barnett Law at 949-861-2990 or visit our website at casebarnettlaw.com.

Orange County Wrongful Death Attorneys

Through a wrongful death claim, you may receive financial compensation for your loss, and you may hold the person who was responsible for your loved one’s death accountable. Some of the damages that may be awarded in a wrongful death case or recovered in a settlement include:

  • Medical bills directly related to the accident injuries from the time of the accident until your loved one’s death.
  • Funeral and burial expenses.
  • Lost income. This includes any income lost from the time of the accident until your loved one’s death and the future lost income that your loved one was reasonably expected to earn from the time of his death until his anticipated retirement date. It includes wages, benefits, and income from self-employment.
  • Physical pain and emotional suffering that your loved one experienced from the time of the accident until the time of death.
  • Loss of household services. The value of the work that your loved one did at home should be included in your recovery.
  • Loss of love, guidance, emotional support, and more. This is, perhaps, your most significant loss. While it can be difficult to value, it provides you with a chance to explain how your loved one’s death has impacted you and your family.

Do not count on the criminal justice system to hold the person who caused your loved one’s death accountable. Not every wrongful death is murder or manslaughter. The elements of a successful wrongful death claim are different from the standard to convict a person of a crime, and you may be successful in a wrongful death claim regardless of whether or not a criminal case is brought. Even if the person who killed your loved one is convicted in a criminal case, it will not result in damages for you or your family. In order to recover damages, you will need to pursue a wrongful death case and work with an experienced Costa Mesa wrongful death attorney.

How Do I Know I Have  A Wrongful Death Claim?

You may have a wrongful death claim if your loved one died because of a:

Before you can recover damages, however, you need to make sure that you know how wrongful death cases work and that you comply with all of the required rules.

Contact an Experienced California Personal Injury Lawyer Today 

At Case Barnett Law, our experienced car accident legal team understands just how difficult it can be after suffering an injury from an auto accident, and we know how to help you find a legal strategy that can see you through this mess and land you the compensation you deserve.

You can find out whether you have a valid case at no cost to you. That’s because we offer free consultations. To request a free consultation with our personal injury attorney team, reach out by calling 949-409-0055 or filling out the online contact form below. We have been proudly servicing clients throughout Costa Mesa, California, and the surrounding areas.