Orange County Wrongful Death Attorney
What Should I Know About Wrongful Death Law?
One area that has unfortunately seen its fair share of wrongful death lawsuits over the years is Orange County, California. Many residents may in fact be considering contacting an Orange County wrongful death attorney in hopes of filing a lawsuit. However, many people considering such a suit may not know much about wrongful death law and how California deals with it. To help, here is some information you should know about wrongful death law before you contact an Orange County wrongful death attorney.
Wrongful death comes under the scope of “tort law.” Tort law refers to a category of civil law that governs how a plaintiff, also sometimes referred to as the claimant, can seek compensation from another party that has acted negligently and caused damages. In specific, wrongful death is a form of tort law that covers situations in which the negligent actions of another party have caused someone else’s death.
Negligence in this case can mean a number of things. It can refer to a person who was absolutely reckless and completely disregarded the safety of others. It may even simply refer to a person who was lazy and absentmindedly did not take the proper precautions to prevent a fatal accident from occurring. Whatever the case, if this negligence can be proven in court, there is a strong chance that the claimants will be awarded compensation for the damages incurred.
California is also a state that has very specific wrongful death laws that govern how wrongful death cases are conducted in the state. For example, in California, a person must have a specific kind of relationship to the victim to be a claimant in a wrongful death lawsuit. The person must have been either a very close family member or a dependent of the victim. However, if these kinds of heirs do not exist, others may be allowed to act as claimants such as parents who were not dependants of the deceased or the deceased’s next of kin.
However, winning a large judgment in a wrongful death lawsuit is not exactly easy. For one, a lot of preparation will have to be taken. It should be determined whether or not an estate should be created for the deceased. This is especially important when there are multiple claimants. The amount of compensation that should be sought will also need to be determined. This process can include things such as determining the deceased’s previous life expectancy as well as determining non-economic damages for things such as a loss of companionship.
If you are wondering whether or not you should file a wrongful death lawsuit and you live in the Orange County area, you should consider contacting an Orange County wrongful death attorney. An Orange County wrongful death attorney can go over the specific facts of your case to help you determine whether or not you can win such a lawsuit.