After the Loss: A Family’s Guide to Wrongful Death Claims

Losing a loved one is always tragic, but when that loss was caused by someone else’s negligence or recklessness, it can feel almost impossible to accept. Wrongful death claims in Santa Ana are civil claims that family members can make against the at-fault party.

The following wrongful death guide will walk you through the process step by step, from who can file to what damages may be available to how a skilled Santa Ana wrongful death lawyer can help take the stress off your shoulders during an already incredibly difficult time. Filing a wrongful death claim can be an emotional experience, but also an important step toward seeking justice for your loved one and deterring the negligent behavior that caused their death.

Wrongful Death: Understanding the Basics

Wrongful death is the death of a person that is caused by another party’s negligence, recklessness, or intentional actions. Under California law, it is a civil legal claim that certain surviving relatives may make against the at-fault person or business to recover damages or financial compensation for their losses.

In a criminal case, the consequences for the defendant are jail time or fines. However, in a wrongful death lawsuit, the consequences are financial. The claim is designed to compensate the family for the death, not to punish the defendant.

In order for a wrongful death claim to be viable, the death must have been caused by another person’s negligent conduct, which may include such things as distracted driving, speeding, drunk driving, work accidents, medical malpractice, defective products, and other safety violations.

Simply put, determining wrongful death starts with understanding how your loved one died, who was responsible, and whether negligence was involved. For example, if your loved one was killed in a car crash caused by a drunk driver, the driver (or their insurance company) would likely be liable for wrongful death.

Who Can File a Wrongful Death Claim in Santa Ana?

California law is very specific about who is eligible to file a wrongful death lawsuit. Under California Code of Civil Procedure Section 377.60, the following people are allowed to file a wrongful death claim:

• The deceased person’s spouse or domestic partner
• The deceased person’s children
• If the deceased has no children, the deceased person’s parents or siblings
• Anyone financially dependent on the deceased

The person or persons who can file a wrongful death case is determined by California statute. Sometimes, the law can get complicated when multiple parties are eligible to file. For example, a child raised by a stepparent may not be able to file if the stepparent never legally adopted them. The child may have to legally prove dependency or take other steps to establish standing to file. Additionally, a fiancé, girlfriend, boyfriend, or live-in partner may or may not have legal standing to file, depending on the level of financial support involved. This is why having a Santa Ana wrongful death attorney is so helpful.

If more than one person wants to file a wrongful death lawsuit, the court may require all eligible parties to file a joint claim. The person appointed as the case’s “representative” is often the executor of the estate, but it could be another relative if the estate never went through probate or if no probate estate was opened.

What Must Be Proven in a Santa Ana Wrongful Death Case?

To win a wrongful death claim, your attorney must prove that:

• A duty of care existed – The defendant owed a legal duty to your loved one (e.g., a driver has a duty to follow the rules of the road).
• A breach of that duty – The defendant failed to uphold that duty by acting negligently, recklessly, or intentionally.
• Causation – The breach of duty directly caused the death.
• Damages – You and your family suffered financial and/or emotional damages as a result of the death.

The evidence to support these facts often comes from local traffic or government reports, witness statements, accident reconstruction, and expert witness testimony. The burden of proof in a wrongful death case is “more likely than not” to have occurred. This is a much lower standard than a criminal case, where the state must prove guilt “beyond a reasonable doubt.”

Evidence may include things like:

• Photos and video of the accident
• Accident reconstruction and analysis
• Toxicology reports and autopsies
• Phone and GPS records
• Vehicle maintenance records
• Safety inspection records (premises liability)
• Product history or recall records

Wrongful death lawyers know how to collect, preserve, and present this information in a manner that can be easily digested by a jury.

Types of Damages You May Recover

A wrongful death lawsuit can provide financial compensation and a sense of justice. Damages (money damages) awarded in a wrongful death case are meant to cover all of your economic and non-economic losses, including:

• Funeral and burial expenses
• Medical bills for the final illness or injury
• Loss of financial support
• Loss of household services (e.g., childcare, cleaning, etc.)
• Lost love, companionship, and emotional support
• Loss of guidance, instruction, and care for children
• In a limited number of cases, emotional distress and grief

You may also be able to file a survival action lawsuit for the additional damages the victim may have been able to recover had they lived, such as pain and suffering, lost wages, or emergency medical bills. A survival action would be filed by the estate of the deceased, rather than by the family members.

California wrongful death damages are meant to financially account for every facet of your life upended by your loved one’s death. They are also designed to deter the negligence that led to their passing.

In a limited number of cases, punitive damages may be available. Punitive damages go above and beyond the “normal” settlement or verdict and are intended to punish especially egregious conduct, like drunk driving, or to deter the future repetition of the same behavior.

So, what factors go into damages? Age, health, relationship with surviving family members, earnings history, career trajectory, care needs, or responsibilities that the deceased person provided. The calculation is comprehensive, complex, and unique to every case.

Your wrongful death attorney may work with economists, financial planners, or life care planners to arrive at a complete calculation of your loss, which then becomes the basis for settlement negotiation or a verdict at trial.

A Note About Survival Action Lawsuits

In California, in addition to a wrongful death lawsuit, the estate of the deceased may also be able to file a survival action lawsuit, which allows certain claims that the victim could have filed themselves if they had not died to be filed by the estate.

Damages sought in a survival action lawsuit often include:

• Lost wages and salary
• Medical bills for the final injury or illness
• Pain and suffering
• Loss of consortium

Wrongful death and survival actions lawsuits are often filed at the same time, but they are different legal theories with different damages, so they must be handled differently.

Deadline to File a Wrongful Death Lawsuit in Santa Ana

In most cases, the statute of limitations to file a wrongful death claim in California is two years from the date of death, but there are exceptions:

• Claims against a government entity (city bus, police, etc.) have a deadline of six months.
• Late discovery of the cause of death can sometimes extend the statute of limitations.

For example, if your loved one was killed and you didn’t find out for six months due to a misfiled death certificate, the two-year clock may not start until you discover the cause of death.

It is important to speak with a wrongful death lawyer as soon as you possibly can because these deadlines are strict.

Even if you are not sure that it is a wrongful death case, the evidence of how the death occurred will fade over time. Witnesses move away, medical records and police reports are lost, insurance records are destroyed, and other physical evidence is lost. A skilled attorney can help you preserve evidence, keep all potential parties notified while the case is still fresh, and protect against spoliation (destruction) of evidence.

Wrongful Death Lawsuit Steps to Consider and Follow

This is what to expect once you engage a Santa Ana wrongful death lawyer:

Step 1: Investigation

• Accident reports and medical records are obtained and reviewed.
• Witnesses are located and interviewed.
• Experts, such as accident reconstructionists or economists, may be consulted at this stage.

Step 2: Filing the Lawsuit

The attorney will draft and file the wrongful death lawsuit in Orange County Superior Court. If the accident occurred outside of Orange County, the lawsuit may need to be filed in another county.

The defendants will be formally notified of the claim by the plaintiff’s attorney.

Step 3: Discovery

Evidence from the defense, such as company or corporate records, or even dashcam videos, is obtained by formal discovery requests.

Additionally, witnesses and expert witnesses will be deposed (interviewed under oath in a formal setting).

Step 4: Negotiation or Trial

Your attorney may be able to negotiate a fair settlement without having to go to trial.

If a settlement is not possible, your wrongful death lawsuit will go to trial, where a judge or jury will decide the outcome of the case. Your attorney will be in charge of negotiating with insurance companies and the defense attorney, so you will not have to.

The steps above are a general guideline, and the timeline may be longer or shorter depending on each case’s complexity. For example, cases involving multiple defendants will take longer, and lawsuits where the at-fault party is not insured will be more likely to go to trial.

Should you choose to work with us, our wrongful death attorney will keep you updated on progress and explain what you need to do. This may include giving a deposition, reviewing settlement offers, or sitting through a mediation session. But we will be doing the lion’s share of the work, and we will make sure you understand and agree to our strategy every step of the way.

How Can a Santa Ana Wrongful Death Attorney Help?

Wrongful death cases are both emotionally challenging and often involve complex legal issues. You don’t have to navigate them alone. A local wrongful death attorney will have a number of advantages, such as:

• Familiarity with local laws, judges, and juries
• Access to local experts and investigators
• Knowledge of Santa Ana’s problem intersections or locations

Your attorney will be able to shoulder the legal burden, allowing you to focus on grieving and healing as a family.

Legal Representation Matters

Choosing an attorney isn’t just a matter of finding someone with the right skill set or credentials. It’s also a matter of trust and support. We want you to feel like you have a true partner in this journey. Someone who can walk with you through the darkest days, while also fighting for justice on your family’s behalf.

Frequently Asked Questions

Q: How long does it take for a wrongful death case to be resolved?

A: There is no simple answer to this question because the timeline depends on a number of factors, including the complexity of the case, the number of defendants, and how busy the court is. However, we strive to move your case forward in an efficient manner.

Q: Do I have to pay any fees upfront?

A: No, we don’t require any upfront payment. We work on a contingency fee basis, which means we don’t get paid unless you do. This allows families to seek justice without worrying about legal bills while they are going through a difficult time.

Q: Can I still recover damages if my loved one was partly at fault?

A: Yes. California has a comparative fault rule, which allows you to recover damages even if your loved one was partly at fault for their own death. For example, if the deceased person was 30% at fault, the final award will be reduced by that amount.

Q: Can I sue a business or a city for wrongful death?

A: Yes, you can. However, claims against a government entity (such as a city bus or police officer) must be filed within six months, so don’t delay in contacting an attorney.

Q: What if I’m not sure it is a wrongful death claim?

A: Call us. It’s free. A wrongful death attorney can help you sort out whether negligence was a factor in your loved one’s death and whether there are grounds for a claim. At the very least, talking to an attorney may help you find the closure you need to move forward.

Contact a Wrongful Death Attorney as Soon as Possible

The Law Offices of Benjamin Arsenian PC serve clients throughout Santa Ana and all surrounding communities. We know the local courts and insurance companies and how to win in Orange County. From your first phone call to the final settlement or verdict, we are with you every step of the way. Contact us today for your free confidential case evaluation and let us help you find a way forward.