Buena Park Wrongful Death Lawyer 

Wrongful death is a legal cause of action that occurs when the death of a person stems from the negligence or wrongful act of another person, or from another person’s unlawful actions. This can be intentional, such as the case in murder, for example. It can also be unintentional such is the case in employee of business carelessness or malpractice cases, for examples.

A wrongful death trial can be incredibly complex. Many experts and witnesses are often needed, the trial can take weeks or months, and the entire process is often emotionally and physically exhausting for everyone involved. An experienced Buena Park wrongful death lawyer could guide through the California civil system. Work with a compassionate and determined personal injury attorney that could fight for justice for your loved one.

What Are Some Potential Causes of Wrongful Deaths in Buena Park?

In most cases, the negligent or willful actions of individuals cause wrongful deaths. Common examples include car accidents, assaults with a deadly weapon, or medical malpractice.

However, nonpersons and entities can also cause wrongful death. A common example is when an employer causes the death of an employee, or when a factory that works with hazardous materials leaks those materials into rivers or streams used by the population.

California Laws Regarding Wrongful Death Cases

A wrongful death case is brought against the person or entity that caused the death. In California, wrongful death can be based on criminal acts such as murder, or incidences of civil negligence such as a motor vehicle accident.

Civil wrongful death cases in California are divided into two different types, each of which are governed by different state statutes.

Wrongful Death

Under California Code of Civil Procedure §377.60, the surviving spouse or surviving children of a person whose death resulted from the wrongful or negligent act of another may bring a lawsuit against the responsible party. Other surviving family members or an appointed representative of the deceased’s estate can also bring suit.

Buena Park courts allow compensation in wrongful death actions for:

  • Loss of support¬†and/or services
  • Funeral and burial expenses
  • Loss of companionship¬†and/or¬†sexual cohabitation

How Are Survival Actions Different From Wrongful Death Suits?

Survival actions are separate from wrongful death actions, as outlined in California Code of Civil Procedure §377.30. A survival action suit can only be brought if the deceased individual in question did not die immediately from the injuries they sustained in the accident that ultimately led to their death. This kind of suit can be brought even if there was only a short time between the cause and the death.

In survival actions, courts allow compensation for loss and damage from the time of injury to the time of death. This amounts to an in-between compensation wherein the court steps into the shoes of the person who died and awards damages they would have been entitled to if they had lived. Survival actions can include punitive damages, but cannot include damages for pain and suffering or disfigurement. A Buena Park wrongful death lawyer could help an individual pursue damages.

Working With a Buena Park Wrongful Death Attorney

The days and weeks after the death of a loved one is a time of sorrow, and in the case of a wrongful death, sometimes anger, confusion, and financial stress as well. Regardless of what or who specifically caused a wrongful death, a skilled Buena Park wrongful death lawyer could be essential to your case, helping you navigate this time and working to ensure you receive just compensation.