Why Hire Callahan & Blaine for Your Wrongful Death Claim?
After experiencing the devastating loss of a loved one, turn to a team with trusted experience that will stand by your side throughout this entire case. Callahan & Blaine is here to help:
- We have been serving residents of Santa Ana for more than 35 years, and our trial practice reflects the commitment we give to each and every client.
- Our team of qualified attorneys has more than 700 years of total trial experience, and we have secured more than $1 billion in settlements and verdicts for our clients since 2003.
- Our wrongful death attorneys in Santa Ana take the time to get to know every client personally, and each client always has access to their attorney throughout their case.
- We take Santa Ana wrongful death cases on a contingency fee basis, which means our clients will pay no legal fees until we secure the compensation they are entitled to.
What Is Wrongful Death?
Wrongful death claims arise when a person dies due to the actions of another party (another individual, business, or entity). When this occurs, family members or the estate of the deceased are allowed to hire a Santa Ana personal injury attorney and file a wrongful death lawsuit against the alleged negligent party to recover compensation for their losses. Wrongful death cases arise in numerous ways, many of which we will discuss below.
SURVIVAL ACTIONS
Survival actions are a bit different than wrongful death claims, but they are often brought at the same time. Essentially, survival actions allow family members or the estate of the deceased to recover personal injury damages that the deceased sustained. In other words, the compensation awarded here would be the amount of compensation awarded had the deceased survived and filed a personal injury lawsuit against the negligent party.
Types of Wrongful Death Claims We Handle
At Callahan & Blaine, our Santa Ana wrongful death attorneys handle wrongful death claims that arise in a variety of ways. Our attorneys are standing by and ready to help family members who have lost a loved one due to the following:
- Car accidents
- Truck accidents
- Bicycle accidents
- Pedestrian accidents
- Motorcycle accidents
- Property owner negligence (premises liability cases)
- Defective products (product liability cases)
- and more
How Can a Santa Ana Wrongful Death Attorney Help?
An unfortunate reality is that surviving family members in these cases often lack the financial resources and legal knowledge to be able to properly pursue full compensation for their loss. However, an experienced Santa Ana wrongful death lawyer will be able to:
- Recover any evidence related to the case in order to prove liability, including photo or video surveillance, eyewitness statements, accident reports, internal company documents and memos, and more.
- Work with trusted economic and financial experts in order to help calculate the total losses incurred by the family or estate.
- Handle all communications and negotiations with every party involved in an effort to secure a fair settlement agreement.
- Prepare the case for a full trial if necessary to secure the compensation needed.
Who Can File a Wrongful Death Lawsuit in California?
California’s wrongful death laws are very specific as to which parties can bring a wrongful death claim. State laws allow the following parties to file a wrongful death claim:
- Surviving spouse or domestic partner of the deceased
- Surviving children of the deceased
- Any other party “who would be entitled to the property of the decedent by intestate succession” if there are no other people in the deceased’s line of descent (California Code of Civil Procedure section 337.60, et seq.). This could include the deceased’s parents or siblings.
If it can be proven that there were others that were financially dependent on the deceased person, they may also be able to bring a wrongful death claim. This could include a person’s “putative” spouse, stepchildren, or parents.
California Wrongful Death Statute of Limitations
Every state is responsible for setting time limits for how long family members or the estate of the deceased has to file a wrongful death claim. In California, the wrongful death statute of limitations is two years from the date of the deceased’s death.
When looking at survival actions (mentioned above), the estate of the deceased will have a two-year time limit to file a lawsuit from the later of the following:
- The date of the injury
- Six months after death
How Much Is a Wrongful Death Lawsuit Worth?
Every wrongful death claim is different, and the total amount of compensation awarded will vary depending on the particular facts regarding each situation. In general, the Santa Ana wrongful death lawyers at Callahan & Blaine will work to recover the following types of economic and non-economic damages on behalf of their clients:
- Medical and funeral expenses related to the death
- Loss of the deceased’s expected lifetime earnings and benefits
- Loss of inheritance caused by the untimely death of the deceased
- The full value of goods and services the deceased would have provided
- Compensation for family members’ pain and suffering and mental anguish
- Compensation for the loss of care, guidance, protection, and nurturing that would have been provided by the deceased
- Loss of consortium for a deceased person’s spouse
In some cases, punitive damages may be awarded if the defendant in the case acted grossly negligent or intentionally in causing the death of the deceased.
Free Consultation With a Wrongful Death Attorney in Santa Ana, CA
If you have lost a loved one due to the actions of another individual, business, or entity, speak to an attorney about your case as soon as possible. At Callahan & Blaine, our compassionate and experienced team pledges to conduct a full investigation into your case. We have the resources necessary to get to the bottom of what happened so we can secure the closure and compensation you and your family need. Let our Santa Ana wrongful death lawyers get to work on your case today. You can contact us online to schedule a free consultation or by calling our Santa Ana office at 888-284-0809.
