Tustin Wrongful Death Attorney
The unexpected death of a loved one is devastating to the entire family, especially when it could have been avoided. When a loved one’s death was the result of 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’s error, dangerously defective product, unsafe home or business premises or even an intention 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 the loss of a loved one, but it can 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 actions.
Filing A Wrongful Death Claim in Tustin, CA
If your loved one died in an accident or as a result of someone else’s negligence, including (but not limited to) medical malpractice, work-related accident, robberies or other criminal activity, you will need the advice of a trained wrongful death attorney to guide you through your case. A time of mourning can be confusing on its own and the details involved in filing a civil action can add to stress and feeling of loss.
Since any wrongful death lawsuit would be filed as a civil action as opposed to a criminal case, the burden of proof for people claiming a wrongful death is a preponderance of the evidence as opposed to beyond a reasonable doubt in a criminal case. A preponderance of evidence means that the claim is more likely true than not true. It is not as demanding as the burden of proof in a criminal case. If found guilty in a civil case, the defendant in the case will be held responsible through monetary punishment as opposed to jail time.
People Who Can Bring The Case
Only the immediate survivors of a deceased person 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, proper 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 the lawsuit.
A life cut short can come with many financial burdens attached. When negligence or intentional wrongdoing leads to the death of a person, 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 monetary and non-monetary payments.
Economic damages might include loss of financial support to be received during the decedent’s lifetime along with funeral and burial expenses. 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 attorney can review your case to determine if you qualify for these.
Timing is key when filing a wrongful death lawsuit 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 years of the deceased person’s death. Hiring an experienced attorney is better done sooner than later to ensure proper filing of paperwork in a timely manner.
The insurance companies typically have a very seasoned 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 Tustin, California. We’re compassionate, and we’re sensitive to the fact that our clients have suffered an enduring and permanent loss.
At the Tustin 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 our Orange County Personal Injury Attorneys at 1-877-241-9554 to learn more about your legal options. A free consultation is just a phone call away. You can even use our online contact form, and we’ll reply to you quickly.