Anaheim Wrongful Death Lawyer

Losing a loved one is extremely painful and difficult to accept, especially when that loss is directly attributable to another person’s negligence. Under California law, wrongful death is caused by a wrongful act, negligence, omission, or default of another. A wrongful death claim or lawsuit is brought by the personal representative of the decedent’s estate.

Although money cannot adequately compensate surviving family members for the loss of a loved one, it is the only means of doing so under the law. An Anaheim wrongful death lawyer can take the necessary legal actions to streamline a wrongful death claim. It may be critical to speak with a skilled personal injury lawyer who can pursue full monetary recovery on behalf of the decedent’s estate.

Common Causes of Fatal Accidents

Wrongful death cases are usually more complex than other types of personal injury cases. A wrongful death claim is typically brought by the personal representative of a decedent’s estate and is filed against the person or entity who caused the decedent’s death. Anyone interested in beginning this process should reach out to an Anaheim wrongful death lawyer as soon as possible.

Some of the most common causes of wrongful death accidents in California include the following:

  • Motor vehicle accidents
  • Workplace accidents
  • Slip and falls
  • Negligent supervision
  • Medical malpractice
  • Defective or malfunctioning products
  • Defective or malfunctioning medical devices
  • Defective drugs
  • Criminal acts

Proving a Negligent Death Case

In the State of California, a wrongful death claim may be brought on behalf of the spouse, child, or children of the decedent. If there is no spouse or child, a wrongful death action may be maintained for the benefit of the parents, sisters, or brothers of the decedent who may have been dependent upon the decedent’s income for support.

How do Juries View Wrongful Death Cases?

Wrongful death cases can be difficult to prove since juries are usually far less interested in awarding money to an estate (and the decedent’s survivors) than they are in awarding money to a living person who sustained injuries in an accident.

Anaheim wrongful death lawyers have cases that are governed by the law of negligence. More specifically, the wrongful death claimant, usually the personal representative of the decedent’s estate, must demonstrate that the decedent was owed a duty of care and that the defendant breached this duty, legally and proximately resulting in the decedent’s death.

Is it Difficult to Pursue a Wrongful Death Case?

One of the biggest difficulties in proving a wrongful death case is that the accident victim is not available to testify at a deposition or trial. In order to prove wrongful death, the following forms of evidence are helpful:

  • Testimony of eyewitnesses to the accident
  • Testimony of family members, coworkers, or friends of the decedent
  • Expert testimony of an accident reconstructionist who can prove that the subject accident proximately resulted in the decedent’s death
  • Expert testimony of doctors, caregivers, and other medical providers who cared for the decedent
  • Documentary evidence of funeral expenses and other costs associated with the decedent’s death

Help from an Anaheim Wrongful Death Attorney

If a family member has died as a result of someone else’s negligence, and a personal representative has been appointed, you may be able to bring a wrongful death action on behalf of the decedent’s estate. An Anaheim wrongful death lawyer can help you prove the necessary legal elements to prevail in a wrongful death action and recover monetary compensation.