Orange County Wrongful Death Lawyer
A wrongful death civil lawsuit filed by our Orange County wrongful death lawyer is a claim stating that a loved one died as a result of wrong actions. Sometimes, a person is injured but does not die. In this case, the injured individual files a personal injury lawsuit against the negligent party. If a person dies because of wrongful death, the executor of an estate may want to file a wrongful death lawsuit for the benefit of the survivors.
Here are 10 common questions and answers regarding wrongful death claims:
1. What is a wrongful death lawsuit?
If you are the relative of a person who has died because of negligence, reckless behavior or an intentional act, you may have a wrongful death lawsuit. Wrongful death encompasses several causes including car accidents, medical malpractice, side effects caused by prescription medicines and defective products. A wrongful death lawsuit seeks to provide monetary compensation to the survivors. Contact Rizio Lipinsky to meet with our Orange County wrongful death lawyer.
2. Do I have a wrongful death case?
You have a wrongful death case if your loved one died because of negligence or carelessness. You may also have a wrongful death claim if your loved one was deliberately murdered. If you are a relative filing a wrongful death lawsuit, you are designated as the plaintiff. The party who is responsible for the death is called the defendant.
3. Who do I sue in a wrongful death lawsuit?
When you consult with our wrongful death lawyer, our attorney determines if you have a lawsuit. If you have a valid claim, you sue the party who caused the wrongful death. After your Orange County wrongful death lawyer files a wrongful death lawsuit, you may or may not have to appear in court.
4. Why should I file a wrongful death lawsuit?
If your loved one passed away due to wrongful death, you have a legal right to ask the court for recompense. Although you will not lessen the emotional pain you feel because of your loss, a monetary settlement helps you and your family pay hospital bills, make mortgage payments and buy groceries.
5. How do I file a wrongful death lawsuit?
If you want to file a wrongful death lawsuit, contact Rizio Lipinsky to set up an initial consultation. Our wrongful death lawyer will provide you with an expert opinion about your potential claim. If our Orange County wrongful death lawyer agrees to accept you as a client, your attorney will file all the necessary documents.
6. What is the statute of limitation for filing a wrongful death lawsuit?
Different states have their own regulations regarding statutes of limitations. In specific cases, California civil codes specify six months, one year or three years as statutes of limitations. However, the California Code of Civil Procedure (CCP) Section 335.1 stipulates that two years after the person’s death constitutes the typical statute of limitations for a wrongful death lawsuit.
7. How long is the process involving a wrongful death claim?
The process depends on whether your Orange County wrongful death lawyer goes to court. If you have a court case, expect the legal proceedings to take approximately two to four years. If your attorney reaches an out-of-court settlement with the defendant’s lawyer, the process may take about one to three years.
8. How do I prove that my loved one died because of wrongful death?
Your lawyer proves a wrongful death case based on several deciding factors. Your lawyer must determine whether the defendant neglected to protect the victim or deliberately performed an action resulting in the person’s death. If the person is guilty, the defendant did not provide a legal duty of care to the victim. For example, a surgeon who made a severe blunder resulting in the patient’s death is guilty of breaching the duty of care expected of a physician.
As the plaintiff, you must demonstrate that the doctor definitely caused your loved one to die. You must prove that your relative did not die because of an illness or other reason that went beyond the scope of the physician’s duty. You must possess documented proof, including official police reports and medical records, showing that the person died because of wrongful death.
9. What do I need to pay to file a wrongful death lawsuit?
It is a common misunderstanding that people need to pay up-front money in a wrongful death lawsuit. You do not pay any fees unless you win the case via a court settlement or an out-of-court agreement. Predetermining the settlement amount for a wrongful death case is difficult. If you win the case, your monetary award will depend on the decedent’s age, loss of earnings, medical bills, funeral expenses and whether the decedent had a pension plan.
10. Who is the best attorney for a wrongful death lawsuit?
Before filing a wrongful death claim, choose an experienced personal injury lawyer specializing in wrongful death lawsuits. At Rizio Lipinsky, you will find a knowledgeable attorney to handle your wrongful death lawsuit. Contact Rizio Lipinsky today, by calling 888-292-8888 or filling out our contact form, to make an appointment for your free consultation with our wrongful death attorney.
- This article should only be used for informational purposes. It does not constitute legal advice, and it does not create an attorney-client relationship with anyone. If you need legal advice, please consult an attorney in your community.