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Anaheim Wrongful Death Attorney

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Nobody should ever have to experience the loss of a loved one too soon. If you have lost somebody you love due to the negligent actions of another party, the team at DiMarco Araujo Montevideo is here to help. Our Anaheim wrongful death attorney will offer a free consultation of your case and help determine the best steps moving forward for you and your family.

What is Wrongful Death?

Wrongful death claims arise in a wide variety of ways. When we examine state law, we can see that these claims arise anytime a person loses their life due to the negligence or wrongdoing of another individual, entity, or company (Code of Civil Procedure 377.60). Wrongful death cases are very similar to personal injury cases except the victim’s injuries were fatal.

Some of the most common incidents that lead to wrongful death claims in Anaheim include:

This is not an entire list of all the ways wrongful death claims arise in and around the Anaheim area. If you believe that your loved one lost their life due to the actions of someone else, reach out to one of our Anaheim injury lawyers for a free consultation about your case today.

Who Can File a Wrongful Death Lawsuit in Anaheim?

In some states around the country, only the personal representative or the executor of the deceased apostrophe as a state is allowed to file the wrongful death claim in court. However, California places this responsibility on the deceased’s surviving family members, in the following order:

  • Surviving spouse or domestic partner of the deceased
  • Surviving children of the deceased
  • Grandchildren of the deceased, if their parent is also deceased
  • Anyone else who was financially dependent on the deceased at the time of death

Determining exactly who is allowed to file a wrongful death claim can be challenging, and we strongly encourage you to work with a skilled Anaheim wrongful death attorney who can walk you through this process.

What Damages Can I Receive For a Wrongful Death Lawsuit?

The surviving family members may be awarded damages as compensation if their claim is successful. These damages can come either through a settlement with the at-fault party or as a result of a wrongful death lawsuit in civil court. When we examine the California Civil Jury Instructions (CACI) No. 3921, we can see that there are two types of damages available:

  • Economic damages. Economic damages revolve around calculable losses that family members are expected to experience due to the untimely death. This includes:
    • Financial support, such as income, that the deceased would have provided to their family had they survived.
    • Gifts or benefits the deceased would have provided to their heirs if they had survived.
    • Reasonable value of household services the deceased would have offered their family throughout their lifetime.
    • Funeral and burial expenses.
  • Non-economic damages. These types of losses are more immeasurable and harder to calculate because they revolve around expenses that are not necessarily calculable. This includes:
    • A loss of sexual relations between a person and their partner (loss of consortium damages).
    • The loss of companionship, love, care, protection, affection, society, and moral support the deceased would have provided their family.
    • The loss of guidance and training the deceased would have provided their family members, including their children.

There is no set amount of compensation paid out if a wrongful death claim is successful. Rather, the total amount of compensation paid to surviving family members will vary depending on factors related to each particular claim. Some of these factors include the age, occupation, and education level of the deceased.

It is important to point out that punitive damages are not available through a wrongful death lawsuit in California, but they are available through a survivor claim. We encourage you to speak to your attorney about both a wrongful death and a survival action.

California Wrongful Death Statute of Limitations

Under California law, individuals are required to file a civil wrongful death lawsuit against the alleged at-fault party within two years from the date of death. Generally, if a claim is not filed within this two-year time frame, the surviving family members will lose the ability to recover the compensation they are entitled to.

However, there are some exceptions to the wrongful death statute of limitations, including those relating to minors, public entities, and medical malpractice claims.

  • Public entities. If a wrongful death claim is filed against a public entity, then the case must be filed within six months from the date the incident occurs. The accused public entity has 45 days to respond, and if they deny the claim, family members will have six more months to file a lawsuit in court. 
  • Minors. If a minor loses a parent due to the negligence of another party, they will have two years from the date they turn 18 to file their wrongful death claim in court.
  • Medical malpractice. There are various deadlines in place for deaths that occur as a result of medical malpractice, ranging from one to three years. We encourage you to reach out to an attorney for assistance with these complex claims so you can be sure to file the case on time.

Insurance Company and Wrongful Death Claims

It can be challenging to try and recover insurance in settlements after a wrongful death occurs. In general, the insurance carrier of the at-fault party will typically be responsible for paying compensation to the surviving family members. However, insurance carriers are usually for-profit entities that seek to language maybe payout claims, regardless of the situation.

It is important to understand that insurance carriers will have very quick reporting deadlines, and they will need meticulous evidence before they pay a claim. We encourage you to work with a skilled Anaheim wrongful death attorney who has experience dealing with insurance carriers. An attorney will fully investigate every aspect of your wrongful death claim and take on the insurance carrier in negotiations to recover fair compensation. In the event the insurance carrier refuses to offer fair compensation after being presented with the evidence, an attorney can assist you with filing a civil court against the at-fault party and the insurance carrier. 

Call an Anaheim Wrongful Death Attorney Today

If you have lost somebody you love due to the negligent actions of another entity or individual, reach out to the team at DiMarco | Araujo | Montevideo for help today. We have extensive resources at our disposal, and we will not rest until we are successfully able to recover compensation and closure for your loss. When you need an Anaheim wrongful death attorney, reach out to us for a free consultation by clicking here or calling us at (714) 783-2205.

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