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Mission Viejo Wrongful Death Lawyer
Few scenarios are more emotionally wrenching than having a close relative killed as a result of another party’s preventable negligence. The sudden, unexpected devastation such events inevitably produce can leave entire families on the brink of collapse.
Though no amount of financial compensation can ever erase the pain and loss suffered by the loved ones of victims, recovery of this type can help bring a sense of justice and accountability in the midst of tragedy. When the unthinkable happens, and the negligent acts or omissions of someone else produces a family member’s untimely demise, victims need to know that they are not alone. In these instances a Mission Viejo wrongful death lawyer can work tirelessly on behalf of those left behind to secure the monetary resources needed now and well into the future. To learn more about the benefit of an injury attorney in Mission Viejo or to discuss your case, call and schedule a consultation today.
Wrongful Death Facts
Californians who have lost a close family member due to the negligence of another party are afforded the opportunity to file a wrongful death lawsuit to obtain compensation and accountability from those responsible for the harm sustained.
It is important to note that the overarching focus of a wrongful death claim is to provide a remedy for the lasting damage done to a family’s future by the avoidable loss of a close relative.
Though it is certainly true that many events giving rise to these types of civil cases stem from underlying criminal acts, the goal of this sort of litigation is to provide resources and recovery for remaining dependents and loved ones. In contrast, criminal prosecution of responsible parties is designed to punish the offender on behalf of the community at large.
Scenarios That May Lead to a Claim
Because wrongful death events can take innumerable forms, a wrongful death lawyer in Mission Viejo will undertake a careful investigation of the unique facts of each case before offering sound guidance to victims’ families. Some common scenarios which regularly yield wrongful death claims include:
- Car accidents
- Drowning events
- Homicides
- Firearms mishaps
- Suicide of individual under professional care
- Structure fires
- Drug overdoses
- Workplace accidents
- Slip and fall events
It should be observed that those alleged to have caused the wrongful death of another can be found civilly liable even in situations where there was no intent to do harm. Surviving family members may be able to receive financial compensation in circumstances where recklessness, carelessness or simple negligence was to blame for their loved one’s death.
There may also be instances in which an individual’s failure to take action to prevent foreseeable consequences of known dangers can be sufficient basis for wrongful death liability.
Damages
Those who have lost a loved one in California due to the negligence of another may take some comfort in the fact that the law provides them the ability to seek recovery of economic as well as non-economic damages. Economic damages include the expected financial contribution of the deceased to the family’s finances over his or her lifetime.
The value of the services that individual would have provided to the family, including home maintenance, auto repair, cooking and the like can also be taken into account for purposes of damage calculations.
Available non-economic damages in a wrongful death case can include payment for:
- Lost companionship
- Lost marital relationship
- Loss of parental affection
- Loss of advice
- Loss of sympathy and moral support
Because these types of calculations can be extremely difficult to make, a Mission Viejo wrongful death attorney will enlist the aid of an economic loss expert who will assess numerous factors including the decedent’s age, health status, life expectancy, earning capacity and more at the time of his or her death.
Benefit of Legal Representation
The ability to file a wrongful death lawsuit is generally restricted to those family members closest to the decedent. Surviving spouses, children, grandchildren (if they have no living parents), domestic partners and other dependents may pursue compensation in the aftermath of a death caused by actionable negligence.
If you have had the misfortune of losing a loved one in such a heartbreaking manner, a Mission Viejo wrongful death lawyer with our firm stands prepared to help.