Losing a loved one in an unexpected, preventable tragedy is one of the worst experiences a family can suffer. Many times, people in this situation are overwhelmed by grief and unsure about where to turn for help.
This is the time to speak with an experienced, compassionate wrongful death lawyer who can help you figure out how to move forward. At Callahan & Blaine, we understand the emotional, legal, and financial aspects of wrongful death. You can rely on our Orange County wrongful death attorneys to work closely with you so we gain a complete understanding of your past losses and future needs.
Our law firm is known for successful verdicts and settlements in complex civil litigation, including wrongful death cases. Our Orange County wrongful death attorneys have recovered precedent-setting verdicts and settlements for clients in cases such as catastrophic personal injury and complex commercial litigation. Whether at trial or in negotiations, our personal injury attorneys will aggressively protect your interests at all times.
Types of Accidents That Lead to Wrongful Death Claims in Orange County
Callahan & Blaine has experience with all types of personal injury and wrongful death claims. Our Orange County wrongful death lawyers have recovered compensation from multiple liable parties, including individuals, corporations, insurance companies, and government entities. We have experience handling the following types of accidents that lead to wrongful death claims:
- Car accidents: Fatalities resulting from car accidents often involve negligence, such as reckless driving, speeding, or driving under the influence. These accidents can involve multiple vehicles or single-vehicle crashes.
- Truck accidents: Due to the monumental size and weight of commercial vehicles, trucks can cause severe accidents, leading to fatalities. Causes include driver fatigue, improper loading, or mechanical failures.
- Motorcycle accidents: Motorcyclists are particularly vulnerable in accidents due to limited protection. Collisions can result from factors like visibility issues, road conditions, or other driver errors.
- Bicycle accidents: Bicyclists are at high risk in traffic, and fatal accidents can occur due to collisions with vehicles, road hazards, or lack of proper cycling infrastructure.
- Pedestrian accidents: Pedestrians struck by vehicles can result in wrongful death claims, often due to driver negligence like speeding, distraction, or failure to yield.
- Defective products: Wrongful death can result from the use of defective products, including faulty automotive parts, unsafe children’s toys, or malfunctioning medical devices.
- Premises liability: Property owners may be accountable for wrongful death if unsafe conditions on their property, such as slip and fall hazards or inadequate security, lead to a fatality.
- Brain injuries: Traumatic brain injuries, whether from accidents or assaults, can lead to death. The responsible party can be held accountable if negligence contributed to the injury.
- Spinal injuries: Spinal injuries leading to fatalities can occur in various situations, including accidents or falls. Liability depends on the circumstances surrounding the injury.
With our legal team by your side, you are in professional hands. We are known for our track record of success, boasting the largest jury verdict in Orange County history. Each one of our skilled Orange County wrongful death lawyers has over 8+ years of experience committed to helping families seek justice for the loss of their loved one.
What Is the Difference Between Wrongful Death and Survival Action in California?
In California, wrongful death lawsuits may be combined with survival action under the California Code of Civil Procedure 377.30. While wrongful death cases allow the decedent’s surviving family members to recover their losses, survival action involves the decedent’s heirs filing a lawsuit on behalf of the estate.
Survival action lawsuits can compensate the decedent’s estate for claims unrelated to the death that the decedent had the right to sue for and claims for the injury that caused the death if the decedent survived those injuries for some time, no matter how short. Additionally, those filing survival action cases may recover punitive damages, unlike those filing wrongful death claims. Our knowledgeable lawyers can help you understand if survival action applies to your wrongful death claim and what to expect during the complex legal process.
What Parties Can File a Wrongful Death Claim in California?
To pursue damages following the death of a loved one, it is essential to understand who is qualified to pursue a wrongful death lawsuit. Generally, this right is primarily given to immediate family members, as they are often most impacted by the victim’s passing. In California, the eligibility to file such a lawsuit is defined by a specific order of priority, which includes the following:
- Surviving spouse: The deceased’s legally recognized spouse or registered domestic partner is typically given the first right to file a wrongful death claim. However, the court may disqualify the surviving spouse if they are found legally incompetent. They also have the option to relinquish this right.
- Children of the deceased: In the absence of a surviving spouse, the deceased’s children are next in line. This category includes biological, adopted, and stepchildren. For minor children, a guardian will be appointed by the court to manage the lawsuit. Grandchildren are eligible if the decedent’s children are deceased.
- Dependent minors in the household: Minors who were living with and financially dependent on the deceased may file a claim, provided they resided in the household for at least six months and relied on the decedent for at least half of their support.
- Parents of the deceased: Parents who were financially dependent on the deceased are eligible to file a claim. Moreover, if the deceased was a minor or unmarried with no children, the parents are given the right to file a lawsuit.
- Other heirs: If there are no direct family members, those entitled to inherit under California’s intestate succession laws may file. This includes parents (regardless of financial dependency), siblings or their children, grandparents, and the children of a deceased spouse, in that order.
- Next of kin: In situations where no relatives entitled to the deceased’s property are available, any next of kin may file a wrongful death lawsuit.
- Personal representative of the estate: When multiple parties are eligible to file, it is often practical to have a personal representative of the decedent’s estate file on behalf of all interested parties. This approach simplifies the legal process and ensures the settlement is distributed according to California’s wrongful death statute.
If you suspect that the death of a family member resulted from another party’s negligence, it is essential to seek advice from wrongful death lawyers at Callahan & Blaine. Under California’s wrongful death statute of limitations, you have a two-year window from the date of the victim’s passing to initiate a claim. Failing to file within this designated timeframe may result in forfeiting your ability to seek monetary damages.
How to Prove Fault in Your Orange County Wrongful Death Case
If you are eligible to file a wrongful death claim, you are responsible for establishing the defendant’s fault. This means your claim must contain evidence that proves the following points:
- Duty of Care: The liable party owed your loved one a duty to care for their safety and act responsibly.
- Breach of Duty: They breached this duty by failing to meet their standard of care and engaging in negligent behavior.
- Causation: This negligence directly caused your loved one’s fatal injury.
- Damages: Your loved one’s passing resulted in economic and non-economic damages.
Our seasoned lawyers at Callahan & Blaine take this burden of proof seriously and conduct a thorough investigation to collect evidence that proves these points. This includes police reports, the death certificate, autopsy reports, witness statements, medical records, photos, surveillance footage, and expert testimony. With this comprehensive, detail-oriented approach, you have the best chance of holding the at-fault party accountable and achieving maximum compensation for your losses.
What Damages May You Recover for Your Orange County Wrongful Death Claim?
Unexpectedly losing a loved one due to another party’s negligence can take a serious emotional and financial toll on your life. While we understand money cannot bring your loved one back, we can help you fight for the justice you, your loved one, and your family deserve. At Callahan & Blaine, we understand every wrongful death case is unique, so closely assess the details of your claim to determine its value, which may include the following damages:
- Funeral and burial expenses
- Your loved one’s medical bills
- Past, present, and future lost income
- Value of household services your loved one provided
- Loss of consortium
- Pain and suffering
- Emotional distress
- Loss of companionship
- Loss of guidance and moral support
Wrongful death claims are often complex. Instead of dealing with the legal process on your own, reach out to our trusted lawyers who will handle every aspect of your claim while you focus on what matters most. With centuries of combined trial experience and extensive insurance insight, we understand insurance companies’ tactics to undermine your claim and the personalized strategies needed to fight for your rights and avoid settling for lowball offers.
Why Choose Callahan & Blaine for Your Orange County Wrongful Death Claim?
No family should have to experience the sudden and preventable loss of a loved one. You deserve high-quality legal representation you can trust to advocate for your rights and hold the liable party responsible. At Callahan & Blaine, we understand the challenges you face, so we strive to take your legal burdens off your shoulders, making a major difference in your claim in the following ways:
Comprehensive Support
We proudly provide Orange County wrongful death victims with the comprehensive support they need to focus on their families and what is most important. With our unmatched services, we effectively and efficiently manage every aspect of your claim, including the following:
- Conducting a thorough investigation
- Collecting and reviewing evidence
- Interviewing witnesses
- Answering your legal questions
- Utilizing valuable resources, like medical experts, to strengthen your claim
- Accurately calculating your claim’s value
- Negotiating with insurance companies on your behalf
- Taking your claim to trial if necessary
Our lawyers understand how overwhelming it can be to lose a loved one to wrongful death, so we do everything we can to ease your worries about the legal process. Moreover, with our clear, open communication, you can better understand your rights and legal options, allowing you to make the best decisions for your future.
Trial Experience
Our robust team of 29 lawyers has a combined 700 years of trial experience. Therefore, we understand how to handle all types of complex wrongful death claims. While we do everything possible to settle your case out of court, we are prepared to present it to a judge and jury if needed.
Record-Breaking Results
With our centuries of trial experience and commitment to excellence, we have achieved a proven track record of success, including the largest personal injury verdict in U.S. history, worth $50 million. No matter how complex or high-value your wrongful death claim, you can trust us to handle it with careful attention and dedication.
Insurance Knowledge
Our managing partner, Edward Susolik, has handled over 1,500 mediations in the last 33 years, making him one of the country’s leading insurance experts. This extensive knowledge perfectly positions us to develop nuanced and innovative strategies for negotiating with insurance companies and preventing them from offering unfair settlements.
Contact Us to Speak With an Orange County Wrongful Death Lawyer Today
Our Orange County wrongful death lawyers work with economists to determine the full value of your case. Our Orange County wrongful death attorneys will help you consider your needs, such as medical bills from the accident, funeral expenses, your lost wages, income the deceased would have earned, loss of consortium, and emotional pain and suffering. Working with economic experts, we will calculate your past, current, and future damages.
Schedule a consultation with one of our experienced wrongful death lawyers by calling 714-241-4444 or filling out a contact form to discuss your family’s legal needs.
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