Mission Viejo Wrongful Death Lawyer

Wrongful death is a legal term that refers to a situation where an individual dies due to someone else’s misconduct, negligence, or fault. In such cases, the party responsible for the death can be held accountable under state-specific laws that govern wrongful death claims.

There are several situations where wrongful death claims can arise. For example, the victim’s family may be able to sue the at-fault driver for wrongful death if the victim passes away in an automobile accident due to the other driver’s carelessness. Similarly, if someone dies due to a defective product or medical malpractice, the manufacturer or healthcare provider may be held responsible.

Under wrongful death laws, certain individuals are entitled to recover damages for their losses stemming from the death of a loved one. These can include compensation for medical bills, funeral expenses, lost income, and loss of companionship. The specific rules and procedures for pursuing a wrongful death claim can vary depending on the state where the incident occurred.

Overall, wrongful death lawsuits are a way to hold individuals and entities accountable for their actions when those actions result in the loss of life. They provide a means for grieving families to seek justice and recover damages for their losses. If you or a loved one has experienced a wrongful death situation, it is essential to consult with an experienced Mission Viejo wrongful death lawyer to understand your legal rights and options.

Why Should I Hire a Lawyer for a Wrongful Death Case?

If you have lost a loved one due to an accident or wrongful death, you may wonder if you need a lawyer. The answer is: most likely, yes. When someone dies due to another person or party’s negligence, the victim’s family members may have what is called a wrongful death claim. 

A wrongful death claim is a type of personal injury claim that allows the family of the deceased to seek compensation for their loss. This type of claim can be filed in civil court and must be brought by the executor or administrator of the estate. 

The types of damages that may be recoverable in a wrongful death claim include: 

• The value of the victim’s life lost 
• Funeral and burial expenses 
• The cost of medical care and treatment received by the victim before death 
• The value of wages and benefits that the victim would have earned had he or she lived 
• Pain and suffering endured by the victim prior to death 
• Loss of consortium (the loss of relationship and companionship suffered by family members) 

To file a wrongful death lawsuit, you must retain the services of an experienced Mission Viejo personal injury lawyer. Your lawyer will guide you through the legal process and help you obtain the maximum compensation. Families of victims who have died due to accidents or medical malpractice often find that hiring an Orange County wrongful death attorney is the only way to receive justice and compensation for their tragic loss.

How Do Wrongful Death Accidents Happen?

Wrongful death accidents can happen in a variety of ways. If someone dies due to another person’s negligence or recklessness, the family may be able to file a wrongful death lawsuit. Some of the most common types of wrongful death accidents include:

• Car accidents 
• Boat accidents
• Truck accidents
• Motorcycle accidents 
• Pedestrian accidents 
• Bicycle accidents 
• Slip and Falls 
• Medical malpractice 
• Workplace accidents

If you have lost a loved one in an accident that someone else’s negligence may have caused, you may be entitled to compensation. Contact a wrongful death lawyer in Mission Viejo for advice on your case.

California Wrongful Death Statutes You Should Know

You might be eligible to sue someone for wrongful death if you lost a loved one as a result of their carelessness or negligence. California wrongful death statutes are some of the most comprehensive in the country and entitle certain survivors to damages, including compensation for economic losses, funeral and burial expenses, and pain and suffering.

A wrongful death lawsuit can be filed by the deceased person’s spouse, domestic partner, children, or parents. If no appropriate family member is available to file a lawsuit, the estate may do so. To be successful, the plaintiff must prove that the defendant’s conduct was the direct cause of the death.

Economic losses may include the income the deceased person would have earned if he or she had survived and any medical expenses or other costs incurred due to the death. Funeral and burial expenses are also compensable. Pain and suffering damages are meant to compensate the family for their emotional anguish and loss of companionship.

If you have lost a loved one because of someone else’s negligence, speaking with an experienced wrongful death lawyer in Mission Viejo who can advise you of your rights and help you file a lawsuit is essential. At Cefali & Cefali, we have been helping families in Mission Viejo and throughout Southern California recover damages for their losses for more than ten years. Call us today for a free consultation.

Wrongful Death Claims vs. Survival Actions

When someone dies as a result of the negligence or wrongful act of another, their survivors may bring a wrongful death claim. The survivors can pursue damages for the losses they endured as a result of the death through a wrongful death claim, which is a kind of personal injury claim. This includes damage to the decedent’s medical expenses, funeral and burial expenses, lost income, and pain and suffering.

A wrongful death claim is separate from and in addition to any other claims that may be available to the survivors. For example, if the decedent had an estate, the survivors may bring a claim against the estate for the damages they suffered. In some cases, the survivors may also be able to bring a product liability claim or a medical malpractice claim.

A wrongful death action is a civil lawsuit filed by the representative of the deceased person’s estate. The representative is usually the executor or administrator of the estate. The suit asks for monetary damages to compensate for losses suffered by the survivors due to the death. 

In contrast, a survival action is a personal injury claim brought by the decedent’s estate. A survival action allows the estate to recover damages for injuries suffered by the decedent before they died. Damages can include medical bills, lost income, and pain and suffering. A survival action can be brought even if no surviving family members exist.