Irvine Wrongful Death Attorney

Irvine Wrongful Death Lawyer

Unexpectedly losing a loved one is always a profound and life-altering experience. Feelings of grief can be compounded with anger when surviving loved ones find out that the death was caused by someone else’s negligence or misconduct. If you are struggling with unanswered questions and a desire for justice, an Irvine wrongful death attorney can provide the guidance and support necessary to hold the responsible party accountable.

At Duque & Price, we are dedicated to pursuing justice for your loved one and helping your family secure the financial stability needed to rebuild your lives. We understand the emotional and financial challenges you face after such a devastating loss. Our compassionate legal team works tirelessly to investigate the circumstances of the wrongful death, build a strong case, and pursue maximum compensation on your behalf.

Why Choose Duque & Price?

Wrongful deaths are some of the most emotional cases our law firm handles. We understand the challenges you face because we have helped many families in Irvine navigate these types of cases before. With legal representation, you can hold the at-fault party accountable while demanding that your family be compensated for the financial losses you’ve suffered and the emotional distress you’ve endured.

Along the way, Duque & Price can help you move forward with confidence and begin the work of putting a painful chapter behind you. Our attorneys can review your case, determine who is at fault, and take direct action through the courts so you receive the justice you deserve. Our team can also resolve disputes of liability, ensuring that the party or parties responsible for your family’s loss are held appropriately accountable. 

Our firm has deep ties to the Irvine community and strong relationships with local court officials. We know the specific state and local laws that are likely to apply to your wrongful death case and the experience necessary to accurately calculate the full scope of the damages you are eligible to claim from the defendant. 

Every wrongful death claim is unique and inherently challenging due to the severe emotional distress these situations often cause. If you are unsure how to proceed with your wrongful death claim in Irvine, it is crucial to hire a wrongful death lawyer you trust at your first opportunity. This will ensure you have the support you need as your case unfolds, and you will also have a better chance of maximizing your recovery.

What Types of Death Are Considered Wrongful Deaths?

In California, a wrongful death occurs when a person dies due to another party’s negligence, recklessness, or intentional actions. Common scenarios include fatalities resulting from car accidents, medical malpractice, workplace incidents, defective products, or violent crimes. Irvine saw 188 incidents of violent crime in 2019, including 69 aggravated assaults.

If the responsible party failed to exercise reasonable care or acted with harmful intent, their actions might qualify as grounds for a wrongful death claim. California allows surviving family members or dependents to pursue compensation to address the emotional and financial impact caused by the loss. Money from a successful wrongful death claim cannot replace the victim, but it can provide a sense of closure and financial peace of mind during a difficult time. 

The statute of limitations or time limit for filing a wrongful death case in California is usually two years from the date of the death. If you do not file your claim within this time limit, you will lose your chance to hold the defendant accountable, and your case will be dismissed from the court regardless of its merits.

Common Types of Compensation Following a Wrongful Death

Wrongful death claims in California aim to provide financial relief for the losses suffered by the deceased’s family. Compensation often includes economic damages, such as funeral expenses, medical bills, and the deceased’s lost earnings.

Families may also recover non-economic damages for loss of companionship, emotional suffering, and loss of guidance or support. In some cases, punitive damages may be awarded if the responsible party acted with extreme negligence or intentional misconduct.

Understanding California’s Wrongful Death Claims

California allows specific parties to file claims when negligence or misconduct causes a fatality. Eligible claimants typically include the deceased’s spouse, children, or other dependents, such as stepchildren or parents. If the deceased named a personal representative of their estate, this individual would usually act as plaintiff in the wrongful death case. 

Filing a claim requires proving the at-fault party’s negligence, establishing causation, and demonstrating the damages sustained by surviving family members. Once a claim is filed, the at-fault party is served notice, initiating a period of discovery where evidence is exchanged and reviewed.

Under California law, claims must meet the preponderance of evidence standard, meaning it must be more likely than not that the defendant’s actions caused the death. California imposes a two-year statute of limitations for filing wrongful death claims, meaning legal action must be initiated promptly to preserve the right to seek compensation.

If the defendant caused a fatal injury by breaking the law, it is likely that they will face criminal charges from the state, along with their civil liability for the surviving family’s damages. Your Irvine wrongful death lawyer can explain the potential effects this criminal case could have on your civil wrongful death claim. For example, your family may receive punitive damages along with the civil damages owed by the defendant.

Why Legal Representation Is Crucial to Securing Compensation

Pursuing a wrongful death claim in Irvine involves complex legal procedures, from gathering evidence to navigating negotiations with insurance companies. An experienced attorney provides the insight necessary to build a compelling case, identify liable parties, and calculate the full extent of damages.

They also handle procedural requirements, ensuring your claim meets all deadlines and legal standards. By advocating on your behalf, an attorney helps maximize your chances of obtaining fair compensation while allowing you to focus on grieving and healing. Their support is vital in holding the responsible party accountable and securing the financial stability your family needs.

When you choose Duque & Price to represent you in a wrongful death case, you have a compassionate and responsive legal advocate on your side who understands the local court system, the challenges you are likely to encounter as your case unfolds, and who knows how to resolve your case efficiently. We are confident we can guide you to a positive outcome, so reach out to our firm as soon as possible to learn how we can help.

FAQs

Q: Who Can File a Wrongful Death Claim in California?

A: Only certain parties may file wrongful death claims in California. Immediate family members, such as the surviving spouse, children, or parents, are first to have the right to file wrongful death claims, followed by siblings and other blood relatives. It is also possible that if there are no surviving close family members, a beneficiary of the deceased’s estate, or anyone who can prove they were financially dependent on the deceased, to be eligible to file a wrongful death claim.

Q: What Is the Average Wrongful Death Settlement in California?

A: The average wrongful death settlement in California can vary significantly depending on factors such as the circumstances of the death, the age of the deceased, and the financial impact on the surviving family members. The final amount is influenced by the severity of the case, available evidence, and the liability of the responsible parties.

Q: What Are the Chances of Winning a Wrongful Death Lawsuit?

A: The chances of winning a wrongful death lawsuit depend on the strength of the evidence, the legal arguments presented, and the ability to prove negligence or wrongdoing. If there is clear evidence showing that the defendant’s actions directly caused the death, the chances of winning are higher. However, every case is unique, and outcomes can vary based on the specific circumstances and legal representation.

Q: What Evidence Should Be Admitted in a Wrongful Death Suit?

A: In a wrongful death suit, key evidence includes medical records, autopsy reports, witness testimony, accident reports, and documentation showing the financial impact on the family. Relevant testimony regarding the cause of death and the defendant’s responsibility may also be critical. Evidence of the deceased’s quality of life, income, and emotional impact on family members is often considered when assessing damages.

Q: What Is the New Law in California for Wrongful Death?

A: Recent changes to California’s wrongful death law (Medical Injury Compensation Reform Act) increase the cap on non-economic damages to $500,000 for wrongful death cases, with annual increases. It also restructures attorney fee limits based on case stages. Supported by stakeholders, the reform enhances patient protection, stabilizes healthcare, and ensures fair compensation for injured patients.

Schedule Your Wrongful Death Consultation Today in Irvine & Surrounding Areas

Navigating the aftermath of a wrongful death can feel fraught with challenges, but you don’t have to face it alone. At Duque & Price, we are here to provide the compassionate support and experienced legal guidance you need during this difficult time. 

We have successfully resolved many difficult wrongful death cases for clients in Irvine and the surrounding areas of California. We’re confident that we can provide an unmatched level of compassionate and results-driven legal counsel as we guide you to a positive conclusion to this difficult case. 

Our team is dedicated to helping you pursue justice for your loved one and secure the financial recovery your family deserves. Contact our office today to schedule a consultation.