Santa Ana Wrongful Death Lawyers

Losing a loved one to a tragic accident can leave your family with a heavy burden—medical costs, funeral expenses, and the loss of your loved one’s financial and personal contributions. When another party causes the death, that party may be liable for these losses. Determining your rights during a time of grief is difficult, and pursuing a wrongful death claim may be the last thing on your mind. This is when a Wrongful Death Attorney can be especially valuable: we take over the legal work on your behalf so you can focus on your family.

To get started and understand your options, connect with one of our Santa Ana Wrongful Death Lawyers at the Law Offices of Benjamin Arsenian today.

Wrongful Death Provides Economic Support During Your Time of Loss

The purpose of a wrongful death claim is to cover the costs linked to your loss, including but not limited to:

Any medical expenses related to the accident, and
The loss of your loved one’s economic contributions to your household from the time of the accident through the remainder of their working life
In some instances, damages for pain and suffering and other legally permitted losses

It is helpful to your claim to have an experienced attorney by your side throughout the process. In most cases, you’ll be negotiating with the responsible party’s insurance company. Insurers collect premiums and seek to reduce or deny settlements whenever possible. To help ensure your family receives the full amount the law allows, it is essential to work with counsel who can measure, prove, and recover your damages.

Common Accidents or Incidents that Lead to Wrongful Death Claims

To collect compensation, another party must be legally responsible for the accident or incident that caused your loved one’s passing. This is based on negligence: a party owed a duty, breached that duty, the breach caused the death, and your family suffered damages. While this sounds straightforward, each element must be proven with evidence.

If negligence cannot be established, your family’s own insurance or life insurance policies may be the only financial support available. Wrongful death claims exist to remove financial burdens that follow a preventable loss—medical bills, funeral expenses, and lost income among them.

Motor Vehicle Accidents

Motor vehicle accidents are a leading cause of wrongful death in California and across the U.S. When drivers violate their duty by breaking the law and cause a fatal crash, they can be liable for the damages that result.

Common causes of at-fault crashes include:

Distracted driving — as the California Office of Traffic Safety notes, handheld phone use while driving is illegal. Violating traffic laws breaches a driver’s duty and can result in liability for personal injury and wrongful death.
Drunk driving — choosing to drive while intoxicated is unlawful and can create liability for any resulting fatality.
Drowsy or fatigued driving — when a driver has not had adequate rest, they are unable to adequately respond to safety risks on the road.

Fatigue-related crashes are common in commercial trucking due to long hours. Collisions with 18-wheelers and other large trucks are among the matters our firm handles in wrongful death cases.

18-Wheeler Crashes and Large Truck Accidents

According to the Federal Motor Carrier Safety Administration (FMCSA), in 2021 there were 5,904 large trucks and buses involved in fatal crashes and 119,000 crashes resulting in injuries. Fatal truck crashes have risen alongside the growth of e-commerce. While home delivery is convenient, increased freight traffic raises risks for passenger vehicles.

Consider these FMCSA findings:

In 90% of fatal truck crashes in 2021, only one person was killed.
In 83% of those crashes, the person who died was not an occupant of the large truck.

When passenger vehicles collide with large trucks, the height and weight disparity increases the likelihood of severe injury or death to occupants of the smaller vehicle. In addition, equipment failures can create liability for manufacturers or service providers. A local Wrongful Death Lawyer from the Law Offices of Benjamin Arsenian can evaluate all responsible parties, including in large truck cases and fatal incidents arising from unsafe property conditions under premises liability.

Your Santa Ana Wrongful Death Attorney Negotiates Your Claim

Our wrongful death team has decades of combined experience moving cases through local courts and negotiating with insurers. According to the American Bar Association, the most important factor when hiring an attorney is experience. Lawyers who don’t regularly handle wrongful death matters may lack the depth needed to negotiate effectively or to try your case if necessary.

Before you hire a firm, you are encouraged to ask:

How many wrongful death cases have you handled?
What were the outcomes?
Do you have testimonials I can review?
How do your fees work in wrongful death cases?

The answers will help you choose the right advocate. With one of our Santa Ana Wrongful Death Lawyers by your side, you can focus on your family while we gather evidence, draft and file the claim, negotiate with the insurer, and go to court when needed.

You Pay Nothing Up-Front and Nothing Out-of-Pocket

Many families worry they cannot afford legal help. Your initial consultation is free. Please bring any accident records, medical bills, and proof of earnings. If we take your case, we work on contingency: we only get paid if we win, from a portion of the recovery we obtain for you.

Who Is Eligible to File a Wrongful Death Lawsuit in Santa Ana?

Under California law, only certain family members and other individuals may file a wrongful death lawsuit. Early in the process, we determine who can—and should—file on behalf of your family.

Eligibility is outlined in California Code of Civil Procedure § 377.60 and includes:

The victim’s personal representative (named in a will or by law)
The surviving spouse or domestic partner
The victim’s children, or grandchildren if there are no surviving children

This list is not exhaustive. If you have questions about eligibility, our Santa Ana Wrongful Death Lawyers can explain your options and help your family decide who should file.

Family Members Who May Be Eligible to Recover Damages

The person who files the lawsuit and the people who receive compensation are not always the same. Typically, one eligible family member files on behalf of the family, and any recovery is then distributed to those entitled to receive it under California law.

Those who are generally eligible to receive compensation include:

Surviving spouse or domestic partner
Surviving children
Surviving grandchildren (if there is no spouse/partner or children)
Dependent minors who relied on the victim for support
Other heirs under California’s intestate succession laws

If multiple individuals are entitled to a share, the court can determine allocation unless the family reaches an agreement. We can also assist with distribution questions and help resolve disagreements.

More About the Damages Available to Families in Wrongful Death Cases

We briefly mentioned damages above. Here is more about the types of damages and how amounts are determined.

Compensatory Damages for the Victim’s Untimely Death

No amount of money can truly make up for the loss of a loved one. However, families often face significant financial and non-financial consequences and need compensation to move forward.

Compensatory damages include two categories:

Economic Damages

Economic damages cover financial losses, both past and future, such as:

Medical expenses for treatment prior to death
Funeral and interment expenses
Other out-of-pocket costs
Loss of the victim’s income and benefits
Loss of inheritance

Non-Economic Damages

Non-economic damages cover intangible harms, including:

Emotional trauma
Loss of care, guidance, and support
Loss of companionship
Loss of consortium
Reduced quality of life

Punitive Damages in Wrongful Death Cases

Punitive damages may be available in limited circumstances and can significantly increase a recovery. California permits punitive damages for gross negligence, conscious disregard for safety, or intentional harm.

California does not cap wrongful death damages. When punitive damages are at issue, courts consider the defendant’s conduct, the severity of the harm, and the amount necessary to deter similar behavior.

Factors that Determine the Amount of Damages

Calculating damages requires a comprehensive assessment, including:

The victim’s age, income, and future career prospects
Eligible family members’ relationships with the victim
The emotional and psychological impact on the family
The number and age of dependents
The circumstances surrounding the death

What Are the First Steps for Pursuing a Wrongful Death Claim in Santa Ana?

If you need to file a wrongful death claim, here’s how to begin:

1. Collect Your Records

Gather accident reports, medical records, insurance correspondence, and any other relevant documents. Keep everything in one place.

2. Prepare Notes and Questions

Write down details about the accident and its aftermath. Create a list of questions you want to ask our Santa Ana Wrongful Death Lawyers.

3. Schedule a Free Consultation

We offer a free, confidential consultation to answer your questions and outline next steps.

Connect with a Santa Ana Wrongful Death Lawyer Now

The sooner you involve counsel, the sooner we can begin protecting your family’s rights. Insurers do not automatically pay damages; you must prove them and negotiate a fair settlement—or win in court. We’re here to help.

Begin your risk-free, cost-free case review by calling 714-400-2000, or contact us online to schedule your consultation.