Understanding wrongful death actions in Orange County

Understanding wrongful death actions in Orange County

Unexpected, accidental death is tragic and has lingering emotional and financial effects on the family of the deceased. Oftentimes the shock and grief of premature deaththrough car accident or other meansgives rise to questions about filing a wrongful death lawsuit in Orange County.

What is wrongful death?

When a person dies through the negligence or intentional misconduct of another person, it is called wrongful death. The pursuit of wrongful death actions by close relatives of deceased persons is allowed under California Code of Civil Procedure Section 377.60. Elements that must be proven in a wrongful death lawsuit include the following:

A person or persons has died

Their death was caused by the negligence or conduct of another

Heirs exist who will suffer as a result of the death

A personal representative is available to bring suit on behalf of the estate

In Orange County and elsewhere, serious accidental injury occurs every day. The general statute of limitations for wrongful death is two years from the date of death, but can be less with certain actions, such as medical malpractice. Wrongful death lawsuits often result from injury caused by the following:

Car accident

Medical malpractice

Criminal intent

Accident at an organized activity or event

Airplane, train, or other vehicle accident

Types of economic and non-economic damages that can be recovered under a wrongful death action include the following:

Medical and funeral expenses incurred from the death of a loved one

Loss of future income, estimated over the expected life span of the victim

Calculable retirement and other investment benefits

Damages from loss of companionship, mental anguish, care, and protection

Other such damages as a court deems appropriate

According to the National Highway Traffic Safety Administration, 154 people died in 2009 from injuries suffered in car accidents in Orange County. Many of those fatalities undoubtedly gave rise to wrongful death lawsuits and required the help of a skilled wrongful death attorney in Orange County.

If you are suffering personal injury, or have questions concerning a wrongful death lawsuit for the help with your case it is in your best interest to contact an experienced Orange County wrongful death lawyer.

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