A Brief Summary of the Following Page
- Experienced Legal Representation: Callahan & Blaine offers compassionate and skilled legal representation in wrongful death cases, with a track record of successful verdicts and settlements, including handling complex civil litigation and the largest jury verdict in Orange County history.
- Types of Fatal Accidents: The firm handles various wrongful death claims arising from car, truck, motorcycle, bicycle, and pedestrian accidents, as well as incidents involving defective products, premises liability, and brain and spinal injuries.
- Eligibility to File: In California, wrongful death claim filing is primarily reserved for immediate family members such as spouses, children, dependent minors, and parents, extending to other heirs and next of kin under specific circumstances.
- Statute of Limitations: Critical for claimants to act within the two-year statute of limitations in California. Delaying beyond this period risks losing the right to seek financial compensation for the wrongful death of a loved one.
- 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.
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 Orange County wrongful death lawyers 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 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.
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.
