Tustin Wrongful Death Lawyer

Unfortunately, gross acts of negligence and intentional criminal acts can sometimes result in the death of another person. When this happens, the decedent’s surviving family members can file a wrongful death claim on their behalf. However, family members in Tustin must file their claims within the state’s two-year statute of limitations.

Losing a family member unexpectantly due to a wrongful death can be a stressful and emotional ordeal. A Tustin wrongful death lawyer could help lighten the burden associated with your loss through knowledgeable legal advice and direction. Work with a distinguished personal injury attorney who could help by leading you and your family through the process of filing your claim and presenting your case to a judge or jury.

Who Can File a Wrongful Death Claim in Tustin?

Under California state law, only certain family members have the right to file a wrongful death claim. The right to claim a wrongful death goes to the closest family members of the deceased, which may include a spouse, child, stepchildren or dependents living in the residence of the deceased for six months or more. If the deceased has no spouse or children, then their surviving parents, siblings, grandparents or next of kin may file a claim.

Elements of a Wrongful Death Claim

Any incident that could have resulted in a valid personal injury case can be filed as a wrongful death case if it results in someone’s death. Much like personal injury claims, there are several key elements that must be present to bring a wrongful death claim:

  • The deceased must be a human being
  • Another person’s intent to harm or negligence must have caused the death.
  • Family members must be experiencing monetary injury due to the death
  • A personal representative must be appointed for the deceased person’s estate

A Tustin wrongful death lawyer could help a client organize their case around these elements and work to demonstrate their presence and applicability to a judge or jury on that client’s behalf.

Damages Available for a Tustin Wrongful Death

Based on the circumstances of the death, a Tustin court can award various financial damages in a wrongful death claim. Financial damages could consist of loss of support, loss of inheritance, loss of the deceased person’s future income, medical expenses, and funeral costs. Family members may also be awarded non-economic damages for loss of consortium or companionship.

An approximation of what the deceased person’s life would be like if they were still alive is often major factor in determining how much compensation family members will receive. The person’s life expectancy, profession, health, and lifestyle may affect the damages awarded. A Tustin wrongful death attorney could help an individual pursue damages.

Talk to a Tustin Wrongful Death Attorney Today

Losing a loved one due to wrongful death is a painful experience. Families often want answers and desire justice for their loss, but wrongful death claims in Tustin can be complicated and involve complex laws. Hiring a Tustin wrongful death lawyer could help you better understand these laws and navigate the process of filing your claim.

Filing a wrongful death claim is the beginning of a long process that could take a long time to resolve. A Tustin wrongful death attorney could simplify the process and help you pursue the compensation you and your family deserve.