Experiencing the loss of a loved one due to negligence or misconduct is deeply challenging. At Benji Personal Injury, we offer legal support for both wrongful death and personal injury cases. Our skilled attorneys are ready to guide you during these tough times, providing strong representation to help you navigate your legal journey.
This may include reimbursements for funeral costs, medical bills, and damages for emotional pain and suffering.
Our seasoned Anaheim personal injury lawyers work tirelessly to secure the justice and compensation you deserve, whether that involves negotiating with insurance companies or preparing for a trial.
When it comes to your rights, we are your advocates and are here to help you find closure at this difficult time.
Who is Eligible to File a Wrongful Death Lawsuit in Anaheim?
Under California law, surviving family members, including spouses, children, parents, and siblings, have the legal standing to initiate wrongful death claims. These individuals often suffer the most substantial emotional and financial impacts from the loss, and the law acknowledges their right to seek justice.
However, eligibility isn’t limited to immediate relations. The deceased’s estate, represented by an executor or personal representative, can also bring forth a wrongful death lawsuit. This provision enables the estate to pursue compensation for costs that directly affect it, such as medical bills, funeral and burial expenses, and the deceased’s debts.
This is particularly pertinent when considering workplace incidents, a common source of wrongful death cases. For instance, in 2020, 805 workers tragically died due to falls, emphasizing the necessity of legal recourse for the families and estates left behind. It’s important to note that the claimant need not be directly related to the deceased, but they must act on the estate’s behalf when filing the suit.
Our skilled wrongful death lawyers in Anaheim can assist in guiding you through these complexities. Please contact us today for a free consultation so we can discuss your next steps
Damages You Can Recover in a Wrongful Death Claim
In a wrongful death claim, surviving family members may be entitled to various forms of compensation to address both economic and non-economic losses. We diligently work to recover:
Economic Damages:
Funeral and Burial Expenses: Covering the costs associated with laying your loved one to rest.
Medical Expenses: Reimbursing medical bills incurred before your loved one’s passing.
Loss of Income: Compensating for the deceased’s lost wages and financial support that the family relied on.
Loss of Benefits: Accounting for the loss of healthcare, retirement benefits, and other financial contributions the deceased provided.
Value of Household Services: Addressing the loss of services the deceased would have provided, such as childcare, maintenance, and household chores.
Non-Economic Damages:
Pain and Suffering: Recognizing the emotional distress and mental anguish caused by the loss of a loved one.
Loss of Companionship: Compensating for the absence of love, care, guidance, and companionship previously provided by the deceased.
Loss of Consortium: For spouses, this covers the loss of marital relations, affection, and support.
Time Limit For Filing A Wrongful Death Lawsuit
In California, the law stipulates a two-year window from the date of your loved one’s death to file a wrongful death lawsuit in civil court. This period, also known as the statute of limitations, is critical to the success of your claim. If this window is missed, the court could dismiss your claim, closing it permanently.
This timeline begins from the date of your loved one’s death and not from when you realized their death was due to another’s negligence. Therefore, we urge you to consult with a wrongful death attorney promptly to ensure you protect your rights and preserve your opportunity to seek justice.
Why Choose Us Over Other Anaheim Wrongful Death Lawyers?
Choosing us means partnering with a dedicated and experienced team of experienced Anaheim wrongful death lawyers that prioritizes your needs, fights relentlessly for justice, and supports you every step of the way.
Extensive Experience: Our attorneys have decades of experience handling wrongful death cases, ensuring that you receive expert legal representation.
Personalized Attention: We treat every case with the utmost care, providing personalized attention and tailored legal strategies to meet your unique needs.
Proven Track Record: With a history of successful verdicts and settlements, we have recovered millions for our clients, demonstrating our ability to secure favorable outcomes.
Compassionate Advocacy: We understand the emotional toll of losing a loved one and are committed to providing compassionate support throughout the legal process.
Comprehensive Legal Services: From initial consultation to trial litigation, we handle every aspect of your case, ensuring a seamless and stress-free experience.
No Upfront Fees: Our contingency fee arrangement means you pay nothing unless we win your case, eliminating financial stress during this difficult time.
Thorough Investigation: We conduct meticulous investigations, gathering all necessary evidence to build a strong case and maximize your compensation.
Expert Network: We collaborate with top experts, including medical professionals and accident reconstruction specialists, to support your claim.
Aggressive Negotiation: Our attorneys are skilled negotiators who fight for the highest possible settlements, ensuring you receive the compensation you deserve.
Courtroom Experience: If your case goes to trial, our seasoned litigators have the courtroom experience to present a compelling case and secure a just verdict.
Local Knowledge: As Anaheim-based lawyers, we have in-depth knowledge of local laws and courts, providing an advantage in navigating your case effectively.
How Our Contingency Fee Structure Works
Our fee structure ensures that you can seek justice and compensation without the added stress of legal fees, allowing you to focus on what matters most during this challenging time.
No Upfront Costs: You do not pay any fees to start your case. We handle all initial costs, allowing you to focus on your family and healing.
Risk-Free Representation: Our contingency fee arrangement means that you only pay if we win your case. If we do not secure a settlement or verdict, you owe us nothing.
Aligned Interests: Our fees are a percentage of the compensation we recover for you, ensuring our interests are fully aligned with yours. We are motivated to maximize your compensation.
Transparent Agreement: We provide a clear and straightforward agreement outlining our fees, so you know exactly what to expect. There are no hidden costs or surprise charges.
Financial Relief: This structure alleviates the financial burden of pursuing a wrongful death claim, making top-tier legal representation accessible to everyone, regardless of financial situation.
Full Case Management: We cover all case-related expenses, including court fees, expert witness fees, and investigation costs, throughout the duration of your case.
Detailed Case Types
At Benji Personal Injury, our experienced Anaheim wrongful death attorneys handle a wide variety of wrongful death cases to ensure that every family receives the justice they deserve:
Car Accidents: Fatalities resulting from negligent or reckless driving, including DUI incidents and distracted driving.
Medical Malpractice: Deaths caused by medical errors, such as misdiagnoses, surgical mistakes, and improper treatment.
Workplace Accidents: Fatal injuries occurring in hazardous work environments or due to employer negligence in enforcing safety regulations.
Defective Products: Deaths caused by dangerous or faulty products, including automotive defects, malfunctioning medical devices, and unsafe consumer goods.
Elder Abuse: Fatalities in nursing homes or under the care of caretakers due to neglect, abuse, or inadequate medical attention.
Slip and Fall Accidents: Deaths resulting from hazardous conditions on properties, such as wet floors, poor lighting, or inadequate maintenance.
Construction Accidents: Fatal incidents on construction sites due to falling objects, equipment failures, or safety violations.
Child Abuse: Tragic losses due to abuse or neglect in homes, schools, or daycare facilities.
Our Comprehensive Legal Process to File a Wrongful Death Claim
Going through a wrongful death claim can be complex and overwhelming, but our skilled personal injury attorneys will guide you through every step of the process:
Free Consultation: We begin with a comprehensive, no-obligation free case evaluation to understand your case and determine its viability.
Accident Investigation: Our team conducts a thorough investigation of the incident, gathering all necessary evidence, including accident reports, medical records, and witness statements.
Evidence Collection: We preserve and collect all relevant evidence, employing forensic experts, accident reconstruction specialists, and medical professionals to support your case.
Claims-Filing Paperwork: Our attorneys handle all the legal paperwork required to file a wrongful death claim, ensuring accuracy and timeliness.
Insurance Negotiations: We negotiate with insurance companies on your behalf to secure a fair settlement, leveraging our extensive experience to counteract common insurance tactics.
Trial Litigation: If a settlement cannot be reached, our seasoned trial lawyers are prepared to take your case to court, presenting a compelling case to secure the compensation you deserve.
Throughout this process, we provide consistent updates and support, ensuring you are informed and confident in the pursuit of justice for your loved one.
Establishing Negligence and Liability
Legally pinpointing liability and negligence after the death of a loved one can bring some respite, but we need to establish that the following elements were true:
A presence of a duty of care
There was a breach of this duty
There was causation of this breach
The breach resulted in damages
Duty of Care
Duty of care refers to the legal obligation of an individual or entity to act in a manner that avoids causing harm to others. This responsibility varies depending on the relationship between the parties and the circumstances of the situation. Establishing that the defendant owed a duty of care to the deceased is the foundational step in proving negligence. It shows that the defendant had a responsibility to act in a way that would prevent harm.
Examples are:
Drivers: Must operate their vehicles safely and follow traffic laws to prevent accidents.
Medical Professionals: Must provide care that meets established medical standards to avoid causing harm to patients.
Property Owners: Must maintain their premises in a safe condition to prevent accidents and injuries to visitors.
Employers: Must ensure workplace safety by adhering to regulations and providing a safe environment for employees.
Breach of Duty
A breach of duty occurs when an individual or entity fails to fulfill their duty of care. This can happen through actions (e.g., reckless behavior) or omissions (e.g., failing to act when required). Proving a breach of duty demonstrates that the defendant’s actions or inactions were not aligned with their legal responsibilities. It establishes that the defendant did not act as a reasonably prudent person would under similar circumstances.
Examples include:
Drivers: Speeding, driving under the influence, or ignoring traffic signals.
Medical Professionals: Misdiagnosing a condition, performing surgical errors, or failing to provide timely treatment.
Property Owners: Not repairing hazardous conditions like broken stairs or wet floors.
Employers: Failing to provide necessary safety equipment or not addressing known workplace hazards.
Causation
Causation is the connection between the defendant’s breach of duty and the harm that resulted. It must be shown that the breach directly caused the death of the deceased. Establishing causation is vital to linking the defendant’s breach of duty directly to the wrongful death. Without this connection, it cannot be proven that the defendant’s actions led to the harm.
Types of Causation:
Actual Cause (Cause in Fact): The defendant’s actions were the direct cause of the death. This is often demonstrated through the “but for” test (i.e., but for the defendant’s actions, the death would not have occurred).
Proximate Cause (Legal Cause): The harm caused was a foreseeable result of the defendant’s actions. It limits liability to consequences that are closely related to the breach.
Examples:
Car Accidents: A driver running a red light and causing a fatal collision.
Medical Malpractice: A doctor’s failure to diagnose a treatable condition leading to the patient’s death.
Defective Products: A faulty airbag failing to deploy during an accident, resulting in fatal injuries.
Damages
Damages refer to the compensation sought by the plaintiff for the losses suffered due to the wrongful death. These can be economic (quantifiable financial losses) and non-economic (intangible losses). Proving damages is essential to quantify the impact of the wrongful death on the surviving family members. It provides the basis for the compensation sought in the lawsuit.
To get a more comprehensive insight into how our law firm can help you with legal representation and to gain fair compensation, please do contact us today.
Essential Evidence for a Successful Wrongful Death Suit
To build a compelling wrongful death case, here are the key types of evidence that are ideal for a successful wrongful death suit:
Police Reports: Official documentation from law enforcement detailing the circumstances of the incident, including witness statements and the officer’s observations.
Accident Reports: Reports from workplaces, construction sites, or other locations where the incident occurred, often highlighting safety violations or hazardous conditions.
Autopsy Reports: Detailed examination of the deceased’s body to determine the cause of death and any contributing factors.
Medical Records: Documentation of medical treatment received before death, including diagnoses, treatments, and the timeline of the deceased’s medical condition.
Eyewitness Accounts: Statements from individuals who witnessed the incident, providing first-hand accounts of what occurred.
Expert Testimonies: Opinions from experts, such as medical professionals, accident reconstructionists, or safety specialists, who can provide insights into how the incident occurred and whether negligence was involved.
Income Records: Pay stubs, tax returns, and other documentation showing the deceased’s earnings, which help calculate the financial loss suffered by the family.
Benefit Statements: Information on benefits such as health insurance, retirement plans, and other financial contributions the deceased provided.
Accident Scene Photos: Pictures of the accident scene, including any hazards or conditions that contributed to the incident.
Surveillance Footage: Video recordings from nearby cameras that captured the incident or relevant activities leading up to it.
Emails and Messages: Any communication that may show negligence, such as warnings about unsafe conditions or correspondence with the responsible party.
Internal Memos: Documents from workplaces or organizations highlighting safety concerns or policy violations.
Victim Impact Statements: Written accounts from family members describing the emotional and psychological impact of the loss on their lives.
Character References: Statements from friends, colleagues, and community members attesting to the deceased’s character and the void left by their passing.
Safety Violations: Records of any previous safety violations or citations issued to the defendant, indicating a pattern of negligence.
Compliance Records: Documentation showing whether the defendant complied with relevant laws and regulations, such as workplace safety standards or traffic laws.
Insurance Policies: Details of any insurance coverage that might be relevant to the case, including the defendant’s liability insurance.
Claims Correspondence: Records of any claims filed with insurance companies and the responses received, including any settlements offered.
With the tragic fallout from a deceased loved one, we know that gathering evidence to file a lawsuit can be incredibly difficult. That’s why we’ll remove the burden from so you can grieve without added stress. Call us to find out how we can help at this difficult time.
Other Locations We Serve
Our legal experts cover the entirety of California, including but not limited to:
Speak to an Anaheim Wrongful Death Attorney Right Now!
If you’ve lost a loved one due to another’s negligence, we’re here to help. Serving all of Southern California, including Los Angeles County, our dedicated team is ready to assist you.
Contact us today to speak with an experienced Anaheim wrongful death lawyer at Benji Personal Injury and discover how we can help you obtain the justice and compensation you deserve.
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