There isn’t much a person can go through that’s more difficult than losing a loved one unexpectedly, especially when someone else caused it and it could have been prevented. While your first thought probably isn’t about lawsuits, it’s important to consider seeking legal recourse so you can get the compensation you’re entitled to, allowing you to focus on your recovery and your family.
Our Orange County personal injury lawyers help families just like yours understand their rights after a tragic loss. Contact Avant Law Corporation to schedule a free consultation with an Orange County wrongful death attorney.
Why Work With Avant Law Corporation For Your Orange County Wrongful Death Case?
When your family loses someone unexpectedly due to negligence, you deserve support. Avant Law Corporation understands how complicated these matters are for grieving families. Here’s why you should work with us in these cases:
- Our Orange County accident attorneys have over two centuries of real-world experience with cases involving the loss of a loved one, which is an incredibly difficult situation to deal with.
- Every family gets a fast case review, usually within a day of contacting our office.
- Our results speak for themselves – tens of millions of dollars won for our clients facing injuries and losses.
Reach out as soon as possible so your family’s rights stay protected from the very start.
How an Attorney Can Help You With a Wrongful Death Case
Handling the legal details of a lawsuit after losing a loved one is never easy, especially while dealing with grief. Here’s how an attorney can help:
- A wrongful death lawyer deals with court filings and communicates with insurers so you aren’t overwhelmed by paperwork and deadlines.
- Attorneys gather evidence on how the loss happened, working with accident, medical, and financial experts to build a strong case.
- They focus on getting justice for surviving family members and financial compensation for the impact on your finances and daily life. They’ll handle all communication with the defendant and their insurance company.
Having professional guidance along the way can take pressure off your family and allow you to focus on healing.
When Can a Wrongful Death Claim Be Filed?
A wrongful death claim is possible when a person’s death is caused by another’s wrongful act or neglect. Here are some of the most common circumstances when these claims arise:
- Traffic Collisions: Fatal car, truck, motorcycle, or pedestrian accidents that result from negligence, like reckless driving or intoxication, may be grounds for a claim.
- Dangerous Property Condition: Despite having a reputation as minor, premises liability cases can absolutely cause fatal injuries. Swimming pool drownings, falls from heights, slips or trips where a person strikes their head on pavement, or missing/inadequate handrails can all be deadly in the wrong circumstances. Additionally, inadequate or negligent security at businesses can put consumers or visitors at risk of fatal injury.
Knowing what situations allow you to make a claim can help your family get justice and some financial peace after a loss.
Eligibility to File Wrongful Death Claims in California
Certain individuals are allowed to pursue a wrongful death claim in California, depending on their relationship with the person who has passed.
Primary Family Members
The first people eligible to file are the person’s surviving spouse, registered domestic partner, children, or grandchildren (if the children are also deceased).
Next of Kin
When no spouse, partner, or children exist, then those who would inherit from the estate, such as siblings or other close relatives, have the opportunity to bring a claim.
Legal Guardians
If the deceased’s parents are not alive, anyone who served as the person’s legal guardian could be given the same rights as a parent to go forward with a claim.
Dependents and Putative Spouses
Stepchildren or an individual who truly believed they were married to the decedent (often called a putative spouse), as well as others who were financially dependent, might qualify to bring a lawsuit if they relied on their loved one for support.
Minors in the Household
A minor who has lived with the person who died for half a year or more and depended on that person for the majority of their financial support may also assert a claim, even if not directly related by blood or marriage.
The decedent’s surviving spouse, domestic partner, children, and issue of deceased children, or, if there is no surviving issue of the decedent, the persons, including the surviving spouse or domestic partner, who would be entitled to the property of the decedent by intestate succession. If the parents of the decedent would be entitled to bring an action under this subdivision, and the parents are deceased, then the legal guardians of the decedent, if any, may bring an action under this subdivision as if they were the decedent’s parents.
(b) (1) Whether or not qualified under subdivision (a), if they were dependent on the decedent, the putative spouse, children of the putative spouse, stepchildren, parents, or the legal guardians of the decedent if the parents are deceased.
(2) As used in this subdivision, “putative spouse” means the surviving spouse of a void or voidable marriage who is found by the court to have believed in good faith that the marriage to the decedent was valid.
(c) A minor, whether or not qualified under subdivision (a) or (b), if, at the time of the decedent’s death, the minor resided for the previous 180 days in the decedent’s household and was dependent on the decedent for one-half or more of the minor’s support.
Eligibility for filing a wrongful death claim can reach beyond the immediate family, so it’s important to speak with a lawyer and determine if you’re entitled to file a claim.
Contact Avant Law Corporation For a Free Consultation With an Orange County Wrongful Death Attorney
After everything you’ve been through, trusting someone with your family’s case should never be stressful. Our team is here to guide you as you handle this difficult process. We believe in putting families first. If you’re struggling after a wrongful death, let us help.
Contact Avant Law Corporation to schedule a free consultation with an Orange County wrongful death attorney.