Orange County Wrongful Death Lawyer

Orange County Wrongful Death Lawyer

Losing a loved one is one of life’s most devastating experiences. When that loss is caused by someone else’s negligence or misconduct, the pain can be even more overwhelming. In such cases, California law allows certain family members to pursue a wrongful death claim to seek justice and compensation for their loss. At The Law Offices of Saam Alikhani, we are dedicated to helping families navigate this challenging time and fight for the financial and emotional relief they deserve.

What Is Wrongful Death?

Wrongful death occurs when a person’s life is tragically cut short due to the negligence, recklessness, or intentional act of another party. These cases often arise from:

  • Car, truck, or motorcycle accidents
  • Pedestrian or bicycle accidents
  • Medical malpractice
  • Defective products
  • Workplace accidents
  • Criminal acts
  • Premises liability incidents

The purpose of a wrongful death claim is to hold the responsible parties accountable and provide surviving family members with financial compensation for their loss.

Who Can File a Wrongful Death Claim in California?

California law outlines specific individuals who are eligible to file a wrongful death lawsuit (California Code of Civil Procedure § 377.60-377.62). These include:

1. Immediate Family Members:

  • Spouse or domestic partner
  • Children (biological or adopted) and stepchildren
  • Grandchildren (if the deceased’s children are also deceased)

2. Other Dependents:

  • Parents or stepchildren who were financially dependent on the deceased
  • Minors who lived in the household for at least six months and depended on the deceased for financial support

If none of these parties exist, other relatives such as siblings or grandparents may be eligible to file a claim.

It is important to note that only one lawsuit per wrongful death is allowed. For example, a surviving spouse and a surviving child cannot file separate wrongful death actions (but both can be on one claim).

What Damages Can Be Recovered in a Wrongful Death Claim?

A wrongful death lawsuit seeks to compensate survivors for both economic and non-economic losses. Potential damages include:

Economic Damages:

  • Funeral and burial expenses
  • Medical costs for procedures of the deceased
  • Loss of the deceased’s financial contributions (e.g., income and benefits)
  • Loss of household services provided by the deceased (e.g., childcare, maintenance)

Non-Economic Damages:

  • Loss of love, companionship, comfort, care, and support
  • Loss of consortium (spousal relationship)
  • Emotional suffering and grief experienced by the surviving family members

Unlike some states, California does not allow punitive damages in wrongful death claims unless the case involves a criminal act. Additionally, punitive damages in a wrongful death case can only be awarded when the death was a result of a felony.

How Is Negligence Proven in a Wrongful Death Case?

To prevail in a wrongful death lawsuit, the plaintiff must demonstrate the following elements:

  1. Duty of Care: The defendant owed the deceased a duty of care (e.g., a driver must follow traffic laws).
  2. Breach of Duty: The defendant’s actions violated that duty of care (e.g., driving under the influence).
  3. Causation: The breach of duty directly caused the death of your loved one.
  4. Damages: The survivors suffered financial and emotional losses as a result of the death.

At The Law Offices of Saam Alikhani, we will thoroughly investigate the circumstances surrounding the incident, gather evidence, and build a compelling case on your behalf.

Time Limits for Filing a Wrongful Death Claim in California

In California, wrongful death lawsuits are subject to a statute of limitations, which is the deadline for filing your claim. Generally, you have two years from the date of the deceased’s passing to file a lawsuit (California Code of Civil Procedure § 335.1). However, certain exceptions may apply:

  • If the death was caused by medical malpractice, a claim must be filed within one year from the discovery of the cause.
  • Claims against government entities (e.g., city or state agencies) require a six-month notice of claim before filing a lawsuit.

Missing these deadlines can result in the loss of your right to seek compensation, so it is essential to act promptly.

Contact Us for a Free Consultation

If you have lost a loved one due to someone else’s negligence or wrongdoing, you don’t have to face this difficult time alone. Let The Law Offices of Saam Alikhani help you seek justice and secure the compensation your family needs to move forward.

Call us today at (949) 771-4188 for a free consultation with an attorney. Our compassionate legal team is here to guide you every step of the way.

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