Wrongful Death

Wrongful Death Attorney in Orange County

Securing Compensation for the Families of Wrongful Death Victims

Have you lost a loved one due to the negligence of another? Though nothing can replace the person you lost, you may be able to receive compensation and a sense of closure if you file a wrongful death claim. At The Soliman Firm, PLC, our compassionate and skilled Orange County wrongful death attorney will help you through the entire process, ensuring that you are your family are able to cover your loved one’s funeral costs, burial expenses, and more.

Who Can Bring Forth a Wrongful Death Lawsuit in Orange County?

The state of California provides guidelines for who can bring a wrongful death lawsuit. These parties are as follows:

  • The surviving spouse of the deceased
  • The surviving domestic partner of the deceased
  • A child or grandchild of the deceased

However, in addition to these specific categories, California law provides a few exceptions. If there are parties who might be eligible to inherit the victim’s property upon death (such as parents or siblings), or parties who are financially dependent on the victim (such as stepchildren or putative spouses and children), they also may be eligible to bring forth a wrongful death suit.

If you have any questions about who might be eligible to file a wrongful death lawsuit, we are happy to provide a free consultation to review your situation and provide you with guidance during this trying process.

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Personal Injury

What Is the Wrongful Death Legal Process?

Every wrongful death case is nuanced and unique, but we are able to outline a general overview of the wrongful death claim filing process:

  • Obtain a free case evaluation: Scheduling a free case evaluation with a qualified Orange County wrongful death attorney is the smartest first step you can take in a situation where you might be entitled to compensation due to a loved one’s passing. The lawyer will review your case, then provide you with a detailed overview of the situation surrounding your case and what the next steps will be should you decide to file. Because this consultation is totally free, it is best to go forward with it even if you are unsure if you have a case. By talking to a reputable Costa Mesa attorney, you will be able to discuss it with an expert in order to know for sure.
  • The investigation begins: In the investigation stage, the goal is for the attorney to assess the liable parties in the situation and obtain evidence of their negligence in the situation. This will typically involve your lawyer obtaining accident reports, medical records, and the reports of accident reconstruction experts. While this may sound overwhelming, your law firm will be able to work alongside you and obtain all the necessary resources to get all the information possible and create a detailed overview of the accident.
Wrongful Death Legal Process
Wrongful Death Attorney
  • Damages are calculated: Calculating damages involves gathering a complete picture of every loss associated with the wrongful death so you will know how much you are eligible to pursue. This involves the straightforward numbers surrounding medical treatments, funeral costs, and burial costs, but also involves less concrete figures to compensate for loss of companionship, pain and suffering, and the impact of grief. Your attorney will help you make these calculations to ensure what you are pursuing is reasonable and fair.
  • A complaint is drafted and filed: After identifying the responsible parties and working with your wrongful death attorney to determine how much to seek in your claim, your lawyer will draft the document that is filed with the court to set your case in motion. This complaint must satisfy certain requirements, such as stating supporting facts, identifying the defendant, and declaring what compensation you will be seeking. It is important that the complaint is thorough and well-drafted because this is the foundation of your entire case with the court system.
  • Litigation process begins: The pre-trial litigation process is one of the more time-consuming aspects of the case, as it involves coordination with the defendant’s legal team to exchange information and documentation surrounding the case. Your attorney will have conferences with defendants and their team to establish details, and court motions may be filed at this stage, as well.
  • Negotiations and possible settlement: Though at this stage your wrongful death case is on its way to a court trial, there is room for negotiations and a potential settlement of the case. Your attorney will be able to discuss your case with the defendant’s legal team in order to showcase how well it will hold up in court. Sometimes, if the other attorneys see it would not be advantageous for them to let the courts decide, they will offer a settlement to prevent the case from going to trial. In many cases, the defendant losing the case will require them to pay more than what is demanded, so they will often feel it is advantageous to settle privately. This allows for an out-of-court settlement that is favorable for the plaintiff without having to endure the lengthy trial process.
  • Jury Trial (if required): In the event that the defendant’s legal team refuses to make a satisfactory settlement offer during the pre-trial stage, the case will then go to trial before a jury. Because of this possibility, it is essential to make sure that your attorney is comfortable standing up for clients in the courtroom and can present your case with care.
Wrongful Death Lawsuit

Where Can Wrongful Deaths Occur in Orange County?

There are many places around Costa Mesa where a wrongful death can occur. While this list is not complete, here are some common places where wrongful death can occur:

  • On the roadway: In the case of car accidents or drunk driving accidents, wrongful deaths on the roadway are quite common—in fact, California reported over 3,600 roadway deaths in 2019. Drivers or passengers in cars, buses, or motorcycles are often severely injured or killed in these accidents, resulting in devastation for the victim’s loved ones.
  • In a medical facility: Because of the trust we instill in medical professionals, medical malpractice fatalities always come as a surprise. Unfortunately, just because your loved one is in the hospital does not mean they are safe. Situations such as improper action, inaction, misdiagnosis, or mistreatment on behalf of doctors, nurses, or other medical professionals can lead to wrongful death.
  • In a nursing home or assisted living facility: Elderly abuse and neglect within elder care facilities are a tragedy and can often lead to wrongful death. If you feel that your elderly loved one died due to improper care at a treatment facility, it is important to speak with an attorney right away.
  • While boating: If someone is improperly operating a motor vehicle in the water and your loved one dies as a result, it can be considered a wrongful death case in some instances. In the event of someone operating a motorboat in unsafe conditions, while under the effects of alcohol, or when not sufficiently experienced, serious consequences can occur and result in injury or wrongful death.
  • While biking or walking: Unfortunately, when pedestrians and cyclists are hit by cars, they do not have the protection that being in another vehicle would allow them. Drivers are supposed to yield to those who are walking and biking for this very reason, but all too often, they do not. In these cases, the victim’s loved one will often have grounds to be compensated for damages.
  • On someone else’s property: While on someone else’s property, whether it is private or commercial, the property owner has a duty to maintain it to a standard that will not cause injury or death. In the case of a slip-and-fall accident, fall down the stairs, or other injury that resulted in a fatality, these incidents can often be determined to be the fault of the property owner for lack of maintenance.
  • In a private or commercial pool: California has laws regarding the proper installation and maintenance of commercial and residential pools, including fencing regulations, safety equipment, and exit opportunities. Therefore, if a lack of legality in these elements resulted in a wrongful death, it is something you should discuss with a qualified attorney.
  • At a daycare or childcare facility: When parents send their children to school or daycare, they want to trust that they will be safe. However, when staff at these facilities do their jobs improperly or neglect the children under their care, it can result in the untimely death of one or several children and a wrongful death suit might be appropriate.

Wrongful death can occur for a number of reasons and is devastating no matter what the occurrence surrounding the fatality is. If your loved one has died an untimely death that might be at the hands of someone else, get in touch with us and we will help you understand the details of the case.

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Orange County Wrongful Death Lawsuit

What Damages Are Available in an Orange County Wrongful Death Lawsuit?

The purpose of a wrongful death lawsuit is to compensate the victim’s loved ones for the support and care they could have expected from the victim if they were still alive. This can include “special damages,” such as coverage of medical bills or living expenses, as well as “general damages,” such as those involved in grieving and the inconvenience that the plaintiff has incurred.

The economic impact of a wrongful death resulting is special damages can include but is not limited to:

  • Overall financial support the victim would have been expected to contribute during the remainder of their lifetime
  • Medical bills
  • Funeral and burial expenses
  • Sum of the household contribution the deceased would be estimated to have made for the remainder of their lifetime
  • Loss in wages, if there was a time between injury and death where the victim was unable to continue work

The estimated impact damages awarded in a wrongful death case could include compensation for general damages such as:

  • Loss of companionship, in the case of a spouse or partner
  • Grieving and emotional hardship placed on the family of the deceased
  • Loss of parental support and mentorship for children of the victim
  • Loss of support for those who were financially dependent on the victim

What Elements Must Be Present in a Wrongful Death Case?

A wrongful death lawsuit is filed on behalf of the victim, so the parties who are filing the suit must prove that the victim died due to negligence on the other party’s behalf. It is similar to a personal injury lawsuit that the victim would have been eligible to file if they had lived.

To file a wrongful death lawsuit in Costa Mesa, you must begin by establishing four main elements:

  • Duty to Provide Reasonable Care: This establishes that a duty was owed to the deceased by the other party to exercise reasonable care.
  • Breach of Reasonable Care: The other party did not practice reasonable care, breaching the reach of their duties.
  • Damages Were Incurred: In the case of a personal injury lawsuit, this would be the injury in question. In the case of a wrongful death lawsuit, this is the passing of your loved one and the subsequent damages that occurred.
  • Causation of Damages: Establishing that the damages were a direct result of the lack of care taken by the other party in protecting your loved one.

Intentional acts can also lead to a wrongful death action, such as an intentional assault or battery resulting in wrongful death. By working with your wrongful death attorney to establish these four elements, you are on the right track to begin your wrongful death lawsuit. If you are not sure who is at fault for the untimely loss of your loved one, a capable attorney will help you sort through the situation and understand exactly who is to blame.

Wrongful Death Lawsuit in Costa Mesa

Frequently Asked Questions

How do I know if I have a wrongful death case?

Without knowing the intricacies of the case, we are not able to say for sure, but we are happy to work with you to go over the details. We will provide you with a free consultation in order to determine if you should pursue a case.

Do you provide a free consultation?

Yes! You should not be expected to pay for a lawyer when you are not even certain you have a lawsuit. You can contact us 24/7 to schedule a consultation with one of our expert wrongful death attorneys.

How much will I be awarded in a wrongful death case?

Because every wrongful death case is so varied and nuanced, we cannot confidently provide you with a figure for what you can expect until we can thoroughly review your case. However, we can guarantee that we will adamantly work to get you the money you are owed in damages and suffering.

How long will a wrongful death case take?

As with dollar amounts, it is difficult to say with certainty how long a wrongful death case will take. The timeline of the case will generally weigh heavily on how reasonable the defendant is to work with and whether they are willing to provide a fair settlement before the case goes to trial.

Why should I hire a wrongful death lawyer?

The laws and stipulations surrounding wrongful death lawsuits are complex and difficult to navigate, and the other party’s insurance provider will often try to take advantage of people who are bringing forth their case without a qualified lawyer to back them up. To get the money you deserve from your wrongful death lawsuit, hiring a reputable Orange County attorney is the smart thing to do.

How long can I wait to file my wrongful death lawsuit in Costa Mesa?

California’s statute of limitations states that you have two years to file a wrongful death lawsuit in the state. However, because of the many aspects of a wrongful death lawsuit, it is best to speak with an attorney as soon as you think you might have a case in order to allow plenty of time to gather information and details surrounding the situation.

I can't but praise and recommend The Soliman Firm

“Steven and his team did a great job on my case from the minute I called for consultation till the end of the process, Steven was proactive, listened, and gave me advice on way forward, managing my expectations and making sure I understand the process in de”

-Toni G.

How Can The Soliman Firm, PLC Help Me in a Wrongful Death Lawsuit?

Because we have significant experience with wrongful death lawsuits in Orange County, we are proficient in navigating the complications of the legal field surrounding these very unique types of cases. Not only are we are committed to getting surviving loved ones the compensation they deserve from wrongful death suits out of insurance companies, but we also understand that this is a significant tragedy that we approach with the utmost compassion and understanding throughout the entire process.

We are able to stand up to insurance companies to ensure families are not short-changed due to an insurance company’s attempts to preserve their bottom line. Families seeking compensation for a wrongful death suit may be entitled to coverage for loss of benefits, companionship, earning potential, medical and funeral expenses, and more from the guilty parties. By adamantly pursuing the insurance companies on your behalf, we will do everything in our power to provide you and your loved ones with the compensation you deserve.

When Should I Contact an Attorney?

In the case of accidental death, it is not uncommon to have at-fault parties attempt to cover up the issue after the death occurs and destroy evidence in the process. That is why it is vital to get in touch with a qualified attorney as quickly as you can following the death.

A wrongful death attorney will be able to launch a full investigation right away, obtaining the necessary photographic evidence, eyewitness reports, and other documentation to make their case. In some instances, your attorney may be able to call forth an expert to provide testimony about the situation in order to prove that the fatality occurred at the hands of the other party, which can help build your case and alert the defendant that your legal team is serious about getting your well-deserved compensation.

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