ORANGE COUNTY WRONGFUL DEATH LAWYER

Fighting For Those Who Have Lost Loved Ones Due to Negligence in California

The loss of a loved one is never easy. However, when that loss is due to an accident in which another party may be to blame, the loss can be even more difficult. In these times, the family of the deceased may be overwhelmed and unsure of where they can turn for help.

At the Law Office of Marshall Silberberg, our caring wrongful death lawyers in Orange County can compassionately guide you through your legal options. 

We understand that you are dealing with terrible loss and the anxiety of an unknown future. Our firm is dedicated to bringing a degree of peace to your family during this time and providing the legal help and representation you need in order to secure your future.

Since 2004, our firm has obtained more than $500 million on behalf of our clients. To begin a free case evaluation with the Law Office of Marshall Silberberg, call (949) 565-4281 today to get started with our wrongful death attorney in Orange County!

What is Wrongful Death?

Wrongful death refers to a legal claim against a person or entity held liable for causing someone’s death through negligence or intentional harm. This type of claim is brought by the surviving family members or the estate of the deceased. The primary goal is to seek compensation for the survivors' losses, including lost wages from the deceased, loss of companionship, and funeral expenses.

To succeed in a wrongful death claim in California, the plaintiff must typically prove the following elements:

1. Duty of Care: The plaintiff must show that the defendant owed a duty of care to the deceased. This means demonstrating that the defendant had a legal obligation to act with a certain level of care towards the deceased.
2. Breach of Duty: The plaintiff must prove that the defendant breached this duty of care. This breach can occur through negligent actions (e.g., reckless driving) or intentional acts (e.g., assault).
3. Causation: The plaintiff must establish that the defendant’s breach of duty directly caused the death of the deceased. It must be shown that the death would not have occurred but for the defendant’s actions.
4. Damages: The plaintiff must demonstrate that the death resulted in quantifiable damages. These can include economic damages (e.g., loss of income, medical expenses, funeral costs) and non-economic damages (e.g., loss of companionship, emotional distress).
5. Survivorship: The plaintiff must have the legal standing to file the claim. In California, this generally includes the deceased person’s spouse, domestic partner, children, or other dependents. If none of these individuals are available, others who would be entitled to the deceased’s property through intestate succession may have standing.

Common Causes of Wrongful Death Claims 

Our team at the Law Office of Marshall Silberberg is here to help the families of personal injury and medical malpractice victims who lost their lives due to negligence or wrongdoing of any kind, including:

• Car accidents
• Truck accidents
• Nursing home neglect
• Drowning accidents
• Workplace accidents
• Fires and explosions

Our firm works with experienced investigators and dedicated staff to uncover the cause of your loved one's death and help you find closure and justice.

Who is Eligible To File a Wrongful Death Claim 

In California, only select relations can file a wrongful death lawsuit. While losing a close friend or significant other is devastating, you can only be compensated for this loss if you are related to the deceased by blood, residence, or legal status.

The following people may file for wrongful death in Orange County and California at-large:

• The decedent’s surviving spouse
• The decedent’s domestic partner*
• The decedent’s surviving children

*While California allows domestic partners to file wrongful death lawsuits, the rules regarding domestic partnership change frequently. Please consult our Orange County wrongful death attorneys or check the Domestic Partners Registry to make sure any information you’re relying on is up-to-date.

In some cases, the person who passes away does not have a direct descendant or obvious beneficiary. When this occurs, anyone who would be legally entitled to inherit their property can file a claim. This includes the parents and siblings of the deceased.

Assuming they can prove their financial dependence on the deceased, stepchildren may also be able to bring about a wrongful death lawsuit in California. The complete rules for wrongful death lawsuits in the state of California can be found in the Code of Civil Procedure section 377.60.

Understanding the Time Limits for Wrongful Death Claims

Per California Code of Civil Procedure Section 335.1, all legal actions regarding the death of an individual caused by the negligence or wrongful act of another must be filed within two years of your loved one’s passing. 

This is a particularly strict statute of limitations and it does not specify any exceptions. Filing your claim sooner rather than later can also help ensure access to evidence and clear testimony from all witnesses.

If you are unsure of your rights, contact our wrongful death lawyers in Orange County at (949) 565-4281. We can provide you with guidance during this difficult time.

Potential Damages in a Wrongful Death Claim

Financial compensation is not meant to “make up for” the death of a loved one, so to speak. Instead, financial compensation is meant to help secure the future and well-being of the surviving loved ones.

Depending on the facts of the case, you may be able to recover the following:

• Loss of Future Wages
• Loss of Inheritance
• Medical & Funeral Expenses
• Loss of Benefits
• Loss of Consortium
• Pain & Suffering
• Loss of Care & Protection

Determining the cause of the incident is crucial to effectively proving liability. This takes immense time and preparation on the part of a law firm in order to establish the facts and pursue the most effective course of action. At the Law Office of Marshall Silberberg, we devote significant time to each and every client’s claim, with the goal of providing for their future.

FAQs About Wrongful Death

How Does Wrongful Death Litigation Work in California?

In California, wrongful death litigation begins with establishing the basis for the claim by demonstrating liability, typically under parameters like negligence or intentional wrongdoing leading to the death. The process involves filing necessary documentation promptly, as imposed by California’s two-year statute of limitations. Evidence collection is crucial, requiring a comprehensive gathering of medical records, financial documents, and expert testimony to substantiate claims. Throughout litigation, negotiations might be pursued for settlement, but should out-of-court resolutions not suffice, the matter could proceed to trial. Given the complexity of these claims, engaging a knowledgeable attorney familiar with local Orange County courts can guide you through the intricacies from filing through potential trial proceedings.

Who Can Be Held Liable in a Wrongful Death Claim?

Various parties can be held liable in wrongful death claims, depending on the circumstances leading to the demise. Common defendants include individuals whose negligence directly resulted in the incident, such as reckless drivers or negligent medical practitioners. In some claims, liability could extend to third parties, such as employers or companies, especially in situations involving defective products or unsafe workplace environments. Liability isn’t always straightforward, and determining the responsible parties requires meticulous review of accident or incident reports, applicable safety standards, and legal responsibilities. Proving liability is often a complex task; hence, experienced legal representation can significantly aid in navigating this element of wrongful death claims.

How Are Settlement Amounts Determined in Wrongful Death Claims?

Settlement amounts in wrongful death claims are determined by a multitude of factors that assess the family's economic and non-economic losses. Economic factors include the decedent’s expected lifetime earnings, medical costs incurred before death, and funeral expenses. Non-economic elements, while subjective, also play a significant role and could comprise loss of companionship or emotional distress endured by the family. All these aspects must be evaluated comprehensively to reflect the full impact of the loss. Legal counsel can play a pivotal role in ensuring that settlements are negotiated to cover all potential areas of compensation, aiming for an outcome that provides financial relief and acknowledges emotional suffering.

Contact Our Orange County Wrongful Death Lawyer Today

As former defense lawyers, our Orange County wrongful death attorneys have the unique advantage of being able to anticipate the direction and arguments of the opposition. This enables us to provide our clients with a well-crafted defense that effectively represents their needs and pursue justice from the party responsible for the death of a loved one.

Contact our Orange County wrongful death attorney who can provide compassionate, effective representation in Irvine and all of Orange County. Call the Law Office of Marshall Silberberg today at (949) 565-4281!