Dana Point Wrongful Death Lawyer

The death of a loved one is a tragic and devastating experience. For surviving family members, knowing that another person’s negligence caused someone they loved to pass away may be an even greater trauma. A compassionate Dana Point wrongful death may be able to help you in this time of grief.

If you experience the death of a loved one due to someone else’s careless or intentional actions, a seasoned personal injury attorney could guide you through the process of filing a wrongful death claim. If you wish to do so, your legal counsel could help you pursue every avenue available to you in order to recover all possible compensation for your injuries and losses.

What Makes Someone’s Death Wrongful?

For both financial reasons and for purposes of closure, it may be for surviving family members of a person who dies suddenly or in an accident to determine if the negligence, recklessness, or intentional act of another person was in some way responsible for the death. Some examples of potential causes of wrongful death may include:

  • A car crash in which the responsible driver was intoxicated
  • A trip over a broken floorboard that resulted in fatal injuries
  • The use of a defective product
  • A fire that was caused by arson

In circumstances like these, a court may rule that a death stemmed directly from an instance of legal negligence or from an intentional act—the same qualifying standards for a normal personal injury case, barring that the deceased cannot advocate for themselves in this case. A knowledgeable attorney in Dana Point could help determine if a death was wrongful and react appropriately.

How Can Families File a Wrongful Death Claim?

Similar to most personal injury cases, California allows plaintiffs in Dana Point a maximum of two years to file a wrongful death claim in most situations, as per the California Code of Civil Procedure §335.1. It is essential to file any wrongful death claim immediately to ensure that the statute of limitation does not expire before the end of any potential litigation.

Who Is Eligible to File a Wrongful Death Claim?

California also only recognizes certain relatives of the deceased as being eligible to file suit on that person’s behalf after their wrongful death. As defined by California Code Civ. Proc. §377.60, priority goes first to the decedent’s surviving spouse or domestic partner, followed by their children and any other dependents.

Surviving family members who are eligible to file a wrongful death claim may seek to recover damages for a variety of financial and personal losses resulting from the death. Common economic damages in Dana Point wrongful death cases include funeral costs, medical bills, and any loss of income for family members who were financially dependent on the decedent.

Emotional and Psychological Damage

While the financial burden of wrongful death could be catastrophic, the emotional and psychological damage wrought by one may be equally severe. A skilled Dana Point wrongful death lawyer may be able to help in recovering for any potential non-economic damages for the wrongful death. This could include pain and suffering the decedent experienced prior to death and loss of consortium for surviving family members.

How a Dana Point Wrongful Death Attorney Could Help

After the traumatic experience of a loved one passing away at the hands of someone else’s negligence or recklessness, you may be facing a variety of dire financial and emotional consequences. A Dana Point wrongful death lawyer could guide you through the process of filing a wrongful death claim, so you could potentially recover civil damages for those losses. When you are ready to take action, call to schedule a confidential consultation.