No amount of money can help you overcome the grief that comes with a loved one’s tragic death. Unfortunately, death is expensive. Pursuing damages based on your loved one’s losses can help you overcome the worst of the bills that might destabilize your financial future. You can work with a wrongful death lawyer in Santa Ana to secure the support you deserve.
Omega Law Group opens its doors to families that want to hold negligent parties accountable for a loved one’s abrupt passing. You can connect with our team free of charge to learn more about your right to accident compensation. Our Santa Ana personal injury lawyers are prepared to go to bat for you.
Who Can File a Wrongful Death Claim in California?
Before you can take legal action against another party for a loved one’s wrongful death, you need to determine whether or not California statutes will allow you to file a claim. The state only allows certain parties to initiate legal action on behalf of a deceased individual, including the following:
- The deceased’s spouse or domestic partner
- The deceased’s children
- The deceased’s grandchildren
If none of these parties are available to file a claim on behalf of the deceased, a putative spouse, stepchildren, or legal guardian may step up to take legal action. Likewise, the parents of the deceased may initiate a claim on their behalf.
California also has a policy in place designed to allow anyone who might benefit from intestate succession to bring a wrongful death claim forward in civil court. However, these parties must wait for all of the aforementioned parties to either waive their right to action or fail to show up before they can initiate the claims process.
Should You File a Wrongful Death Claim for Damages?
You may not feel as though you are in the emotional place to bring a wrongful death claim forward on behalf of your loved one. However, there are inherent benefits to filing a wrongful death claim that can help you emotionally process your loved one’s passing.
First and foremost, a wrongful death claim allows you to get the justice you deserve for the negligence that caused your loved one’s tragic death. While several cases do not allow you to enact criminal punishments on offending parties, you can use a lawsuit to force a liable party to acknowledge the pain they’ve caused your loved ones.
Secondly, wrongful death claims allow you to recover damages based on the losses your loved one and your family sustained due to the negligent party’s misconduct. This compensation can help you pay your bills and otherwise get back on your feet following a life-changing accident.
Should You Work With a Santa Ana Wrongful Death Lawyer?
We recommend that you work with a wrongful death attorney in Santa Ana to address the severity of the negligence involved in your loved one’s wrongful death claim. Delegating responsibility for your case to an experienced attorney allows you to capitalize on that attorney’s courtroom knowledge and familiarity with California statutes.
Moreover, an experienced attorney can create a healthy distance between you and the party liable for your loved one’s passing. That distance can help you more effectively emotionally process your loved one’s death. It can also protect you from a belligerent liable party or someone who won’t respect your grief.
How Can You Prove Negligence in a Wrongful Death Claim?
You have an obligation to meet, if not exceed, the burden of proof set forward by California civil courts if you want to move a wrongful death case forward. Doing so requires either you or an attending attorney to bring forward evidence indicating that someone else’s negligence caused the accident that killed your loved one.
The evidence that can make this case varies depending on the specific accidents you’re addressing. Our team can call on professional investigators to bring forward video footage, police reports, medical records, and bystander statements to help build your case.
You can count on us to remain transparent throughout the investigative process and to answer any questions you may have about the evidence for gathering on your behalf. We will not make decisions about your case without first consulting you.
Do You Have to Negotiate for Damages in a Wrongful Death Case?
You can fight for wrongful death compensation in several different ways, including through negotiations. However, you are not obligated to meet with a liable party and negotiate for the compensation you feel you deserve.
Doing so can actually put you in an emotionally complicated position, as you may have to come face to face with a person whose misconduct killed your loved one.
Our team can sit down with you ahead of time to discuss what tools you want to use to fight for the financial support you need to recover. If you do want to negotiate, we can work with you to Institute protective measures to minimize the emotional trauma of the experience. However, we can also move your case straight to trial.
Omega Law Group always takes steps to ensure that its clients, including you, are comfortable and protected in cases involving highly emotional losses. During a free case evaluation, you can learn more about the steps we can take to protect you and your family.
What Is California’s Wrongful Death Statute of Limitations?
The statute of limitations in California gives you two years and no longer to take legal action against the party responsible for your loved one’s death.
Book a Free Case Evaluation With Omega Law Group
You don’t have to contend with post-life legalities on your own. If you want to sue the party responsible for your loved one’s wrongful death, you can work with an experienced attorney. Omega Law Group can connect you with a wrongful death lawyer in Santa Ana who can take over your case while you prioritize your emotional recovery.
Your wrongful death case evaluation is free of charge and does not obligate you to go to court for damages. It’s up to you whether or not you move forward with a case. Our team can customize your interactions with the civil system to minimize your stress and maximize your settlement. You can contact us today to learn more.