Tustin Wrongful Death Attorney
When you lose a loved one your entire future becomes uncertain. In the blink of an eye, everything you planned for changes and you and your family may be left picking up the pieces. When this happens, please know that you are not alone.
At MJB Law Group, our Tustin wrongful death lawyers are here to help you shoulder the burdens you’re carrying. We offer compassionate legal guidance, so you can seek justice and obtain the compensation you need to move forward into your future. While no amount of money will ever right the wrongs, you and your family should not go through unnecessary financial hardships because of someone else’s negligence.
You don’t have to file a wrongful death lawsuit, but you deserve to know your legal options. Our attorneys will meet with you in a private, FREE consultation, so you can get the answers you need. We will listen to your story and concerns to help you and your family through this ordeal. Together, we can protect your future and hold the negligent party accountable for your losses.
What is a Wrongful Death?
Surviving family members can file a wrongful death lawsuit after losing a loved one due to another person’s negligence, recklessness, or intentional act. This includes drunk driving accidents, dog attacks, and even murder. These lawsuits help grieving families receive compensation for their losses and the harm they suffered.
To win a wrongful death lawsuit in California, your wrongful death attorneys must prove:
- Someone was responsible for your loved one’s death
- This person’s negligent or reckless actions caused their death
- The person owed your loved one a duty of care
- You and your loved ones suffered damages because of their death
Who Can File a Wrongful Death Claim in California?
If you have lost a loved one due to someone else’s negligence, you might wonder if you can file a wrongful death lawsuit. While you undoubtedly experienced a painful loss, California law is very specific about who has the right to bring a wrongful death lawsuit.
According to California’s wrongful death statute, only the following family members can file a wrongful death claim:
- Surviving spouse or domestic partner
- Surviving children
If there is no surviving spouse, domestic partner, or children, other family members can file a wrongful death claim, including:
- Stepchildren, if they were dependent on the decedent for at least 50% of their financial support
California law prioritizes surviving spouses, domestic partners, and children in wrongful death cases. If multiple eligible parties exist, the court will determine who can file the claim based on their relationship to the decedent and the extent of their financial dependence.
If you believe you may be eligible to file a wrongful death claim in California, speak with an experienced wrongful death attorney at MJB Law Group today. We can guide you through the process and help you understand your legal rights and options.
What Damages Can Be Recovered in a California Wrongful Death Claim?
When you file a wrongful death claim in California, you can seek to recover damages for your losses and for future losses. This includes:
- Medical expenses related to the injury or illness that caused your loved one’s death
- Funeral and burial expenses
- Lost income and benefits that your loved one would have earned over their lifetime
- The value of household services that your loved one would have provided, such as childcare or household maintenance
- Pain and suffering
- Mental anguish
- Loss of companionship, love, and emotional support
- Loss of consortium (the loss of intimacy and companionship with your spouse or partner)
How Long Do You Have to File a Wrongful Death Claim in California?
In California, grieving families only have two years from the date of their loved one’s death to file a wrongful death lawsuit. This means that if you do not initiate legal action within two years, you will likely lose your right to file a claim.
There are exceptions to this rule. In cases of medical malpractice, for example, you may have more time to file a claim. For this reason, it is important to call an experienced wrongful death attorney at MJB Law Group as soon as possible to avoid missing critical deadlines. You may have more time than you realize. However, failing to file within the statute of limitations could result in losing your right to seek compensation for your loss. So don’t delay!
Contact Our Orange County Wrongful Death Lawyers Today
If you lost someone you love because of another person’s negligence or carelessness, we want to help you find justice. This may mean filing a wrongful death lawsuit against the negligent party. Our law firm offers compassionate legal guidance, so you can evaluate your options and choose the one that is best for your family.
At MJB Law Group, we listen, and we care. That’s why so many grieving families turn to us in their darkest hours. Contact us for a FREE case evaluation and consultation to discuss your legal options. Call us today at (949) 266-0880 or fill out our confidential contact form.