Orange County Wrongful Death Attorney

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When tragedy strikes, resulting in the untimely death of a loved one, it is understandably devastating to the entire family, especially when the death could have been avoided. If your family member’s death was caused by negligence or intentional wrong doing, The Law Offices of Brent A. Duque can help you through the process of collecting damages from the responsible party. Whether the death resulted from a distracted or drunk driver, construction accident, physician error, dangerously defective product, unsafe home or business premises or even an intentional act, California law allows spouses, children, parents and sometimes other relatives to seek legal action.

We all know that no amount of money can ever replace your loved one, but it can help to ease the financial burden after a loss and will allow the family to feel more at peace when the responsible person is held accountable for their negligent actions.

Filing A Wrongful Death Claim in Orange County, CA

If your loved one died in any type of accident or as a result of another person’s negligence, including (but not limited to) work-related accident, medical malpractice, drunk driving accident, robberies or other criminal activity, you will need the advice of a highly trained wrongful death attorney to guide you through your case. A time of mourning can be confusing and devastating on its own and the intricate details involved in filing a civil action can add to the stress and feeling of loss.

Since any wrongful death lawsuit is filed as a civil action as opposed to a criminal case, the burden of proof for people claiming a wrongful death is less strict, requiring only a preponderance of the evidence as opposed to beyond a reasonable doubt in a criminal case. Simply put, a preponderance of evidence means that the claim is more likely true than not true. If found guilty in a civil case, the defendant in the case will be held responsible through monetary punishment as opposed to prison or jail time.

People Who Can Bring The Case

Only certain survivors of the deceased are allowed to bring a lawful death lawsuit, but not everyone related to the victim is eligible to file a lawsuit. If the deceased is an adult, qualifying parties are restricted to a surviving spouse or domestic partner. If there is no surviving spouse, the lawsuit can be filed by the surviving children or other dependents, including step-children. If the deceased is a child, the lawsuit can be brought by the surviving parents or grandparents (if the parents did not survive the child). Special circumstances may allow for other relatives or beneficiaries to file the lawsuit. A wrongful death attorney can help you determine who should file.


A life cut short typically comes with many financial burdens attached. When negligence or intentional wrongdoing leads to a death, certain heirs can recover damages that have or will occur as a result of the untimely death. These damages are separate from the decedent’s estate and come in the form of economic and non-economic payments.

Economic damages might include loss of financial support to be received during the decedent’s lifetime along with funeral and burial expenses. These are monetary damages that have a specific amount attached. Non-economic damages might include the reasonable value of household services the decedent would have provided and the loss of spousal companionship, suffering and grief experienced by immediate family members or even loss of parental guidance for children. Other damages may also be awarded under special circumstances and your lawyer can review your case with you to determine if you qualify for these.

Time Limits

When filing a wrongful death lawsuit, timing is critical, as each action involves a different statute of limitations. The general rule under the wrongful death statute of the California law requires a lawsuit to be filed within two (2) years of the death. Hiring an experienced attorney is recommended sooner than later to ensure proper filing of paperwork within the time frame allowed.

Insurance companies generally have a very seasoned and aggressive team of attorneys on their side of the table. Complex litigation should not be attempted on your own. Duque Law is an experienced, aggressive and successful wrongful death law firm with offices in Orange County, California. We’re compassionate, and we’re sensitive to the fact that our clients have suffered an enduring and permanent loss.

At the Orange County Law Offices of Brent A. Duque, we maintain a staff of a highly professional, knowledgeable, aggressive and successful wrongful death attorneys who represent injured people through our offices that stretch across Southern California. Time limitations apply to any injury claim you might have, so for purposes of investigating a possible case and possibly preserving evidence, it’s best for you to contact us immediately after a wrongful death. Contact the Orange County law office of Brent A. Duque at 877-241-9554 for a free consultation and case evaluation. You can even use our online contact form, and we’ll reply to you quickly.

Frequently Asked Questions

Although costs can vary greatly depending on the individual death lawyer, firm, and case, a death attorney in Orange County, Florida, typically costs between $250 to $500 per hour.

An initial consultation is usually free and will allow you to interview the firm, discuss the facts and details of your case and wrongful death claims, and learn more about the lawyer’s experience and expertise.

The exact cost for an attorney may also depend on the size and complexity of the California wrongful death claims, as well as the amount of preparation required to defend them successfully. In addition, it is worth noting that the more complex or lengthy the case, the higher the fee may be.

If you or a loved one has been the victim of a wrongful death situation, the experience can be emotionally and financially taxing. A wrongful death claim lawsuit can be a long and complicated process, and you will want to ensure you have the most capable legal representation to help you win your case.

Hiring the wrong attorney can leave your case in a less-than-ideal state, so it is essential to consider your options carefully before you make your selection.

The best piece of advice is to start your search early. An experienced wrongful death attorney specializing in wrongful death cases takes up several cases, and you may want to find one with the expertise and knowledge to handle yours.

Before settling on an attorney, ask them to provide a historical overview of their experience in wrongful death litigation. Look into their reputation and find out what past clients have said about their services.

It is essential to understand the lawyer’s approach and ensure the attorney is confident and knowledgeable about the specifics of your case.

If you or a loved one have experienced the pain and anguish of losing a family member due to another’s negligence or misconduct, you know how hard it can be to put the pieces together and seek justice through the legal system.

Finding the right person to represent your case can be time-consuming and expensive. Fortunately, there are experienced and skilled wrongful death attorneys in Orange County who can provide consultations and legal guidance.

With so many attorneys, you must make sure that you choose an experienced and qualified attorney specializing in wrongful death cases. While a qualified and experienced attorney may be expensive, take comfort in the fact that the lawyer is experienced in this complex and complicated field and will do the best job possible.

An attorney can help file a civil suit against the party at fault in a wrongful death claim. In these cases, a court settlement is likely to be negotiated in favor of the survivors or their family members, such as the deceased person’s parents or the deceased person’s domestic partner. This can include payment for damages, such as medical bills, lost wages, and loss of companionship, due to the wrongful death.

The attorney may work out a settlement that ensures fair and reasonable compensation for the loss noted in the wrongful death claim.

The emotional, mental, and financial impacts of wrongful death are hard to bear, and the grieving process is complicated. If you have lost a loved one due to the negligence of another party, you should know that a qualified wrongful death lawyer can help you fight for justice and pursue a fair settlement.

At its core, the wrongful death claim seeks compensation for the loss of life and holds the at-fault party responsible for the pain and suffering caused.

Without an attorney to help, defending your case in a court of law can be long and arduous. Insurance companies don’t make it any easier, either. They often drag their feet and resist paying out claims in wrongful death cases. This is why having a skilled and experienced death attorney to advocate for you in a wrongful death claim is so important.

Yes, qualified attorneys can prove “no guilt” in the case of wrongful death claims by the other party. However, the lawyer must first gather evidence of innocence through a thorough investigation to prove a point in court.

Hired lawyers will look for proof of no fault when defending a client in a wrongful death lawsuit. Attorneys will typically seek compensation from the other party for the following reasons:

  • Medical expenses
  • Lost income
  • Funeral and burial expenses
  • Economic and non-economic loss
  • Medical malpractice
  • Damages to property

When it comes to wrongful death claims or personal injury claims, the apparent time to seek legal advice is right after what caused the wrongful act to go out of hand. However, clients can also seek compensation if the issue was a medical malpractice case or due to someone else’s negligence.

No, it’s easy to find legal teams who can expertly handle critical wrongful death claim cases in Orange County, CA; what’s complicated is finding a good team. Many renowned firms are providing free consultations to clients, such as us, so that will help. We understand that no amount of money can replace what was lost, and we are here to help make the process easier and pursue a fair settlement for the legitimate wrongful death claim.

No two death cases are exactly alike. This is why it is essential to find an attorney who understands the nuances of the particular situation and is willing to take the necessary steps to pursue a wrongful death lawsuit effectively.

Our experienced attorneys understand this and can provide you with the needed representation. We work diligently to ensure that your interests are always well-represented and that you can confidently move forward with your wrongful death claim or personal injury claim.

Practice Areas


Brain Injuries

Brain Injuries


Burn Injury

Burn Injury


Bus Accidents

Bus Accidents


Car Accidents

Car Accidents


Construction Accidents

Construction Accidents


Dog Bites

Dog Bites


Motorcycle Accidents

Motorcycle Accidents


Premises Liability

Premises Liability


Wrongful Death

Wrongful Death


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