Santa Ana Wrongful Death Lawyers

Losing a loved one to a tragic accident can leave your family with a significant burden given medical costs and the loss of the financial and other contributions of your loved one to your household. When the accident or incident that caused the death of your loved one was due to another party, that party may be liable for the financial costs associated with your loss. Determining what your rights are during a time of loss can be difficult, and pursuing a wrongful death claim or lawsuit may be the last thing on your mind. This is when your Santa Ana wrongful death attorney can be of particular value, as we take over the claim on your behalf, removing the stress and demands of the claim from your day-to-day life.

To get started on your wrongful death claim and to determine your rights, connect with one of the Santa Ana wrongful death lawyers from 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 the loss of your loved one, including but not limited to:

any medical expenses related to the accident, and
the loss of their economic contributions to your household from the time of the accident through what would have been the remainder of their working life
In some instances, damages for pain and suffering and other sources of damages may be available

It is helpful to your Santa Ana wrongful death claim when you have an experienced attorney by our side throughout the process. You’ll be negotiating the outcome of your case with the insurance company of the responsible party in most instances. Insurance companies collect premiums from their customers, and to increase profit margins deny or reduce settlements to injured parties like you whenever possible. To ensure that you and your family receive the full amount you are legally entitled to, it is essential to work with an attorney who can help you measure and prove what that is, and then collect it.

Common Accidents or Incidents that Lead to Wrongful Death Claims

For you and your family to collect monetary compensation to cover damages linked to the death of your loved one, another party must be legally responsible for the accident or incident that led to their passing. This is based upon a legal concept known as negligence, which basically means that for a party to be liable for your damages they must have owed you a duty that was breached, and because of that, you experienced damages from injuries that breach of duty caused.

While this might sound like a somewhat simple explanation, negligence has four elements that must be proven with evidence for you to be able to hold another party liable for your damages. Otherwise, your family’s insurance and any life insurance policies may be the only source of financial support you have in your time of loss. Wrongful death claims are meant to remove any financial burdens that might result from the loss due to medical costs and a loss in income.

Motor Vehicle Accidents

Motor vehicle accidents are one of the leading causes of wrongful deaths in the US and California. When drivers violate their duty to others on the road by breaking the law, and then cause a crash that kills another, they can be liable for the damages that result.

Some of the most common causes of at-fault motor vehicle accidents we have helped our clients recover the damages they deserve include:

Distracted driving – as detailed by the California Office of Traffic Safety, distracted driving is illegal, and using a cell phone or other handheld device while driving is a breach of the law. When a driver breaks traffic laws, they are in breach of their duty to others and will be liable for the damages they cause, whether property damage, personal injury, or wrongful death.
Drunk driving – all drivers who make the conscious decision to get behind the wheel while drunk or intoxicated are guilty of drunk driving and will be liable for the damages that they cause.
Drowsy or fatigued driving – when a driver has not had adequate rest before getting behind the wheel, they are unable to adequately perform to safety risks on the road.

Drowsy and fatigued driving is common in commercial truck drivers given the long hours they work, and collisions with 18-wheelers and other large trucks are also one of the leading groups of clients we help our clients with Santa Ana wrongful death claims.

18-Wheeler Crashes and Large Truck Accidents

As detailed by the Federal Motor Carrier Safety Administration (FMCSA), in 2021 alone, there were 5,904 large trucks and buses involved in fatal crashes, as well as 119,000 crashes that resulted in injuries during that time. Fatal crashes on the roads with large trucks are on the rise given the increase in commerce completed through shipping over in-person visits to the store, and while this added convenience might make it easier to get Amazon orders, it has also made the road more dangerous for passenger vehicles.

It is important to note the following facts:

In 90% of fatal truck crashes in 2021, there was only 1 fatality suffered
In 83% of those fatal crashes, the fatalities were not the occupants of the large truck

When passenger vehicles collide with large trucks, there is a significantly greater likelihood of serious injury or death to the occupants of the passenger vehicle. This is because of the greater height and weight of trucks, and the likelihood that they will roll over the passenger vehicle and into the passenger compartment.

Equipment malfunctions that cause accidents with large trucks or other vehicles can also result in the manufacturer or service provider of the vehicle being liable. It is necessary to consider all the facts linked to your claim to determine what the best options are, and a local wrongful death lawyer from the Law Offices of Benjamin Arsenian is here to help.

Your Santa Ana Wrongful Death Attorney Negotiates Your Claim

Our Santa Ana wrongful death lawyers have decades of combined experience moving personal injury and wrongful death claims through the local courts on behalf of our clients. According to the American Bar Association, the most important factor to consider when hiring an attorney is their experience. Attorneys who practice other areas of the law, or engage in general practice, lack the depth of experience needed to successfully negotiate with the insurance company. If it goes to trial, being familiar with how the local courts work can make the difference between winning or losing your case.

Before you hire an attorney, you are allowed to ask questions. Questions you are encouraged to ask before deciding upon a law firm for your Santa Ana wrongful death claim include:

How many wrongful death cases have you handled?
Did you win for your clients in those cases?
Do you have any testimonials from happy clients I can look at?
How much do your Santa Ana wrongful death lawyers cost?

The answers to these questions will provide you with important guidance when choosing the attorney that is the best fit for your case or claim. With one of the Santa Ana wrongful death lawyers from our firm by your side, you’ll be able to focus on helping your family manage your time of loss while we take over the claim on your behalf. We gather evidence, draft the claim, file and negotiate it with the insurance company, and take them to court on your behalf if needed.

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

Many of our potential new clients worry that they cannot afford the assistance of our law firm. That is simply not the case, as your initial consultation is free. We encourage you to bring as much information as possible with you to your initial consultation concerning the accident or incident, medical bills, and proof of earnings. From there, if we are able to take your case we take it on contingency. That means we only get paid if we win, out of a portion of the earnings that we generate on your case.

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

Under California law, only certain family members and other individuals are eligible to file wrongful death lawsuits. As a result, if your family has grounds to file a wrongful death lawsuit, one of the first steps in the process will be to determine who can (and should) file on your family’s behalf.

The individuals who are eligible to file a wrongful death lawsuit are outlined in Section 377.60 of the California Code of Civil Procedure. These individuals include:

The victim’s personal representative (as identified in the victim’s will or, if there is no will, as determined by California law);
The victim’s surviving spouse or domestic partner; and,
The victim’s children or grandchildren if there are no surviving children.

This list is far from exclusive—these are just the most common examples. If you have questions about whether you are eligible to file a wrongful death lawsuit in California, our Santa Ana wrongful death lawyers can explain everything you need to know. We can walk you through the key provisions of California’s wrongful death law, and we can help you make an informed decision about whether you or another member of your family should take legal action.

Family Members Who May Be Eligible to Recover Damages

This brings us to another important point: The individuals who are eligible to file wrongful death lawsuits and those who are eligible to receive wrongful death damages (if a lawsuit is successful) are not necessarily the same.

Typically, one family member (or another eligible individual) will file a lawsuit on behalf of the victim’s entire family. Then, if the lawsuit is successful, the damages recovered will be distributed to those family members who are entitled to receive a portion of the settlement or verdict. The family members who are entitled to receive a portion of a wrongful death settlement or verdict are also determined by California law. While every family’s circumstances are different, those who are eligible to receive compensation generally include:

Surviving Spouse or Domestic Partner – If the victim left behind a surviving spouse or domestic partner, this individual will generally be entitled to receive any damages that are recovered.
Surviving Children – If the victim does not have a surviving spouse or domestic partner, then the victim’s children will generally be next in line to receive any financial compensation recovered through a wrongful death lawsuit.
Surviving Grandchildren – If the victim has neither a surviving spouse or partner nor surviving children, then any surviving grandchildren would generally be the next ones eligible to receive compensation.
Dependent Minors – If any minors other than the victim’s children or grandchildren were financially dependent on the victim at the time of his or her death, then these minors may be entitled to some or all of the damages awarded under California law.
Other Heirs – If none of the individuals listed above exist or have outlived the victim, then the victim’s other heirs (as determined by California’s intestate succession laws) would be entitled to receive any damages recovered through a wrongful death lawsuit.

If multiple individuals are entitled to a portion of a wrongful death settlement or verdict, a court would need to decide how much each of these individuals is entitled to receive—unless they reach an agreement on their own.

Here too, our Santa Ana wrongful death lawyers can explain what you need to know based on your specific circumstances. In addition to helping you understand who can (and should) file your family’s wrongful death lawsuit, we can also help you understand whether you, your children and other members of your family would be eligible to receive compensation if your family’s lawsuit is successful. We can also assist with determining the appropriate distribution of wrongful death damages among eligible family members, and in the event of a disagreement, we can assist with helping everyone find a way to move forward.

More About the Damages Available to Families in Wrongful Death Cases

We briefly mentioned some of the types of damages that are available in California wrongful death cases above. Here is some more information about both: (i) the types of damages in California wrongful death cases and (ii) the factors that go into determining how much families are entitled to recover.

Compensatory Damages for the Victim’s Untimely Death

While no amount of money can truly compensate for the loss of a loved one, this is the best our legal system has to offer. Additionally, the unfortunate reality is that losing a loved one unexpectedly can lead to significant financial and non-financial costs—and spouses, children and other family members may need to recover compensatory damages before they can start to move on.

In wrongful death cases, compensatory damages fall into two categories:

Economic Damages

Economic damages are intended to cover the financial costs of a loved one’s untimely death. This includes not only costs that eligible family members have incurred to date but also costs that eligible family members will incur in the future. These commonly include:

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 from the victim

Non-Economic Damages

Non-economic damages are intended to cover the other losses that eligible family members suffer as the result of a fatal accident. Here too, this covers both present and future losses. The non-economic damages that are available to eligible family members in wrongful death lawsuits generally include:

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

Punitive Damages in Santa Ana Wrongful Death Cases

Along with compensatory damages, punitive damages will also be available in some cases. While punitive damages awards are relatively uncommon, this is still an important issue that our Santa Ana wrongful death lawyers will evaluate in your case, as punitive damages can significantly increase the amount that eligible family members receive.

Under California law, punitive damages awards are appropriate in three primary circumstances:

Gross Negligence – While ordinary negligence is sufficient to warrant compensatory damages in a wrongful death case, a showing of gross negligence is the minimum requirement for an award of punitive damages.
Conscious Disregard for Others’ Safety – Punitive damages may also be warranted if the defendant acted with conscious disregard for others’ safety.
Intentional Harm – Individuals who intentionally cause harm to others (including intentionally causing fatal injuries) can also be held liable for punitive damages in California.

Unlike some other states, California has not placed a cap on the damages available in wrongful death cases. When an award of punitive damages is warranted, several factors go into determining an appropriate award amount, as we discuss in greater detail below.

Factors that Determine the Amount of Damages in a Santa Ana Wrongful Death Case

Determining how much to seek in a wrongful death lawsuit requires a comprehensive assessment of numerous factors. Along with adding up eligible family members’ out-of-pocket costs, calculating compensatory damages also requires consideration of factors such as:

The victim’s age, income and future career prospects
Eligible family members’ relationships with the victim
How the victim’s untimely death impacts eligible family members emotionally and psychologically
The number and age of the victim’s dependents
The circumstances surrounding the victim’s death

The circumstances surrounding the victim’s death are a key factor for calculating punitive damages as well. Other factors that can play a role in determining punitive damages (when a punitive damages award is appropriate) include the defendant’s degree of recklessness or malice, the severity of the accident and the victim’s injuries, and how much liability is necessary to prevent the defendant from making the same mistake in the future.

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

If you need to file a wrongful death claim in Santa Ana, what are your first steps? At this stage, you will want to:

1. Collect Your Records

You should take some time to collect any records you have related to your loved one’s accident, any treatment your loved one received after the accident, and any communications you have had with the insurance companies or law enforcement personnel. If you have any other records that you think may be relevant to your family’s wrongful death claim, you should collect these as well.

2. Prepare a List of Notes and a List of Questions

You should also take some time to prepare a list of notes and a list of questions. On your list of notes, write down as many details as you can about your loved one’s fatal accident and its aftermath. On your list of questions, write down anything—absolutely anything—that you would like to ask our Santa Ana wrongful death lawyers.

3. Schedule a Free Initial Consultation

We are more than happy to answer all of your questions in a free, no-obligation consultation. Once you get in touch, we will arrange for you to speak with one of our Santa Ana wrongful death lawyers in confidence as soon as possible.

Connect with a Santa Ana Wrongful Death Lawyer Now

The sooner you have an attorney helping with your claim, the faster we’ll be able to begin helping your family recover the financial support you need in your time of loss. The insurance company is not going to automatically award you damages, you must gather evidence to prove them, and successfully negotiate a settlement or win a case to collect them.

To begin with your risk-free, cost-free case review, give us a call at 714-400-2000, or contact us to schedule your initial consultation.