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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

Many people are reluctant to talk to Santa Ana wrongful death lawyers because they don’t want to be seen as trying to “profit” from the untimely death of a loved one. But the loss of a family member will affect everyone in ways that can take a long time to become fully apparent. Seeking compensation for the losses helps restore balance and reduce fears for the future.

A wrongful death claim also helps provide answers and a sense of closure to a painful chapter in your life. When you feel that justice has been served, it is easier to move forward in peace.
Under the laws of California, 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
  • Funeral expenses
  • 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
  • The value of the companionship, support, and guidance your loved one would have provided if they had lived

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.

Negligence Forms the Basis of Most Wrongful Death Claims in Santa Ana

A wrongful death claim can certainly be filed when death is caused by an intentional wrongful act, such as an assault. Families can also file wrongful death claims when the loss of a loved one is due to extremely reckless conduct, such as drunk driving. However, most of the time, a wrongful death does not result from extreme behavior. It happens because someone acted with ordinary negligence.

Overview of Negligence

Negligence is a complex legal concept that holds a person liable for injuries they cause by failing to act with a reasonable level of care. If a reasonable person would behave a particular way under the circumstances and that didn’t happen for whatever reason, then the person who failed to behave responsibly could be held liable for harm that results, including death.

When Santa Ana wrongful death lawyers hold someone accountable for wrongful death, they are not usually working to show that someone intentionally caused harm or that they were behaving in a crazy manner. Instead, they present evidence to show that the person responsible either did something a reasonable person would not do or that they failed to do something that a reasonable person would have done. When that irresponsible action is the cause of an accident that leads to death, then the irresponsible person can be held liable for a wrongful death.

Four Elements of Negligence

Negligence is an ancient concept that developed through common law principles, established by court rulings rather than statutes passed by legislatures. Unlike many states, California lawmakers have addressed the concept of negligence in the state statutes. Section 1714 of the California Civil Code specifies that “[e]veryone is responsible, not only for the result of his or her willful acts, but also for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property or person.” However, the statute does not break down the concept—the principles established under common law remain in place.

Generally, to hold someone liable for negligence, an attorney must have evidence to prove that:

  1. The defendant owed the deceased person a duty of care. That means the defendant had a duty to protect the deceased person from predictable harm.
  2. The defendant breached that duty of care. That means the defendant failed to fulfill their obligation to protect the deceased from harm.
  3. The defendant’s breach of duty caused the injuries that led to the deceased person’s death. In other words, if the defendant had fulfilled their duty, the injury would not have occurred.
  4. The defendant’s breach of duty caused actual harm. This element is not at issue in wrongful death cases since the injuries are obvious.

To understand how the elements apply, it is helpful to consider a scenario that Santa Ana wrongful death lawyers unfortunately deal with frequently: negligence that causes a car accident. With regard to the first element, the duty of care, all drivers owe a duty of care to others on the road, including pedestrians, bicyclists, and other motorists. That duty includes an obligation to follow the rules of the road and pay attention to the task of driving. If someone breaks the rules by speeding or by looking at their cell phone rather than the road, they have breached the duty of care owed to others.

The third element is often the most difficult to prove. The attorneys for the deceased person must present evidence to show that the defendant’s irresponsible action was the actual cause of the accident and resulting injuries. Often, this requires expert evidence from accident reconstruction engineers who can demonstrate how the driver’s actions triggered the accident.

It is crucial to collect evidence as soon as possible after any accident that results in injuries, so that it will be available later if needed to seek justice and fair compensation for losses.

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), large trucks are involved in over 12,800 accidents every year in California. Because tractor-trailers and other trucks are so much heavier than passenger vehicles, these accidents frequently lead to serious injuries and death. Hundreds of people are killed each year due to truck crashes.

These crashes can stem from a wide array of causes, including improper loading, equipment failure, poor driving training or supervision, lack of proper maintenance, and other factors. Many different parties could potentially be held liable, such as manufacturers or service providers.

A 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. It is important to be aware that all of these parties will be represented by experienced attorneys who will be fighting against the claim from day one, so you need to have an equally experienced legal ally on your side to overcome their defense tactics.

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 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, or when they can prove they relied on the deceased person for support)
  • 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. Many wrongful death claims involve legal actions brought under two separate statutes:

A survival action represents the amounts the deceased person could have sought if they had survived. It includes recovery for medical expenses before death and earnings lost between the time of injury and death. If the death was caused by outrageous wrongful conduct, then exemplary damages may also be provided, but recovery for pain and suffering of the deceased person is no longer allowed in a survival action.

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

The most effective Santa Ana wrongful death lawyers work to demonstrate the future career prospects of the deceased person and the additional income potential lost because of the untimely death.

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

The loss of guidance of the deceased person can affect the financial as well as mental and emotional outcomes for children, particularly if they experience the loss of a parent at a young age. An experienced attorney can work to increase the value of compensation for these and other complex factors.

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

Workers’ Compensation Death Benefits

When a death occurs because of injury sustained at work, California’s workers’ compensation scheme provides death benefits to spouses, children, or other dependents. To begin with, there is compensation of $10,000 to cover burial expenses. Then there are wage replacement benefits that are split among dependents. To be eligible, usually a dependent must be almost totally reliant on the deceased worker for support. Minor children would be covered until they reach the age of 18. Spouses are generally covered, and other relatives such as elderly parents or grandchildren may also be covered if they can prove they depended on support from the worker who was killed.

Generally, death benefits are paid like workers’ compensation payments, at an amount equal to 2/3 of the worker’s average weekly wage, or at least $224 per week. The benefit payments may continue until the maximum payment amount is reached. For one dependent, the amount is $250,000; the maximum increases to $290,000 for two dependents and $320,000 for three or more dependents. Family members who were partially dependent on the deceased worker may be eligible to receive a reduced level of benefits.

Comparing a Survival Action to a Wrongful Death Claim

In addition to a wrongful death claim, Santa Ana wrongful death lawyers may be able to file a separate legal claim known as a survival action. This claim focuses on the losses the injured person experienced before they passed away.

Damages can be sought for wages lost between the time of injury and death, medical expenses incurred during that period, and other factors. This type of claim may be filed at the same time as a wrongful death claim. However, recovered funds go to the deceased’s estate and are then distributed to heirs or beneficiaries through the probate process. Proceeds from a wrongful death claim are distributed among family members directly.

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. You will need evidence to show the cause of death, and this can take extensive investigation to obtain. An attorney can help with this process, so it is helpful to consult one immediately for advice and assistance.

2. Prepare Notes and Questions

Write down details about the accident and its aftermath. Take photos of the accident scene and note any traffic or security cameras that may have captured images of what happened shortly before or during the accident. Create a list of questions you want to ask our wrongful death lawyers.

3. Schedule a Free Consultation

We offer a free, confidential consultation to answer your questions and outline next steps. It is never too soon to contact us with questions. The earlier we get involved in a claim, the more opportunities we have to build a strong case for recovery.

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.

Wrongful Death