Child deaths caused by another person’s recklessness or negligence are some of the most heartbreaking tragedies a parent can experience. In Orange County, the law provides a pathway for parents and guardians to seek justice through wrongful death claims.
This blog explores how parents can address such painful situations, offering insights into legal processes, emotional hardships, and the steps needed to find closure and accountability.
Do you need compassionate support and effective representation?
No fees until we win. Available 24/7.
Wrongful Death Defined
Wrongful death refers to situations where an individual’s death is caused by the negligent or intentional actions of another party.
In the OC, this is governed by the California Code of Civil Procedure Section 377.60(b), which outlines who may file a lawsuit. Parents can sue for wrongful death in Orange County, and depending on the circumstances, additional parties such as siblings or grandparents may also have standing to file a claim.
Common Causes of Wrongful Death in Children
The wrongful death of a child can happen in various circumstances, including:
- Car or transportation accidents
- Medical malpractice
- Negligence in childcare or schools
- Accidental drownings
- Defective products or toys
Does California still honor the Attractive Nuisance doctrine?
No, the State of California no longer follows the attractive nuisance doctrine. Property owners are no longer automatically held liable for injuries or deaths of children caused by dangerous conditions on their property.
However, this does not prevent parents from seeking justice through a wrongful death lawsuit if the unsafe environment caused the death of the child.
This responsibility has, in fact, broadened — requiring property owners to owe a general duty of care to everyone on their land. The burden of proof generally rests on the property owner to show any exceptions.
Courts will consider all relevant factors when making a ruling. By removing the attractive nuisance doctrine, the state has increased the responsibility of property owners rather than reduced it.
Elements of a Successful Wrongful Death Claim in Orange County
In order for a wrongful death action to be successful, certain elements must be proven.
Duty of Care
The first element per California law is establishing that the defendant had a duty of care towards the child. For example, if the child’s death was due to medical malpractice, it must be shown that the healthcare provider had a duty to provide proper and competent care.
Breach of Duty
The next element is proving that this duty of care was breached. In other words, the defendant failed to meet the standard of care that was expected of them.
Causation
The plaintiff must also prove that the defendant’s breach of duty directly caused or contributed to the child’s death. This can be a complex element, especially in cases where there may have been multiple factors at play.
Damages
Finally, the plaintiff must show that they have suffered damages as a result of the wrongful death of a child. This can include economic damages such as medical expenses and funeral costs, as well as non-economic damages like emotional distress and loss of companionship.
Steps to Take After the Loss of a Child
After the death of a loved one, it may be difficult to think about legal proceedings. However, if you are considering filing a wrongful death claim for your child in Orange County, here are some steps that can help:
- Seek medical attention for any injuries sustained by the child before or during their passing.
- Contact law enforcement to report the incident and gather evidence.
- Consult with an experienced Orange County wrongful death attorney who can guide you through the legal process and advise on your rights and options.
- Keep records of all expenses related to your child’s death, including medical bills, funeral costs, and any lost income or benefits.
- Take care of yourself and seek support from loved ones during this difficult time.
Sue for Wrongful Death in Orange County: What to Expect When Consulting with an Attorney
During the initial consultation with a wrongful death attorney, you can expect the following:
- Case Evaluation: The attorney will review the details of your case, including the circumstances of your child’s death and any evidence you have gathered. This is to assess whether you have a viable wrongful death claim.
- Legal Advice: You will receive professional advice on the legal options available to you. The attorney will explain the legal processes involved, the potential outcomes, and any deadlines for filing your claim.
- Evidence Collection: The attorney will discuss the types of evidence needed to support your claim and may begin collecting relevant documents, such as medical records, police reports, and witness statements.
- Fee Structure: The attorney will explain their fee structure, which may include contingency fees, meaning you only pay if you win the case.
- Questions and Answers: This is an opportunity to ask any questions you may have about the process, the lawyer’s experience, expected compensation, or what to expect moving forward.
After the initial consultation, the following steps typically ensue:
- Investigation: The attorney will conduct a thorough investigation to gather all necessary evidence to establish fault in the wrongful death of a child.
- Filing the Claim: Your attorney will file the wrongful death suit within the required statute of limitations.
- Discovery Process: Both parties will exchange information through the discovery process, which may include depositions, interrogatories, and document requests.
- Settlement Negotiations: Often, wrongful death cases are settled out of court. Your attorney can help negotiate with the defendant’s insurance company or legal counsel to obtain a fair settlement.
- Trial Preparation: If a settlement is not reached, your case will proceed to trial. Your personal injury attorney will prepare by gathering expert witnesses, creating exhibits, and formulating arguments to present your case effectively in court.
- Support and Updates: As you sue for wrongful death in Orange County, your lawyer will keep you informed about the progress of your case and provide ongoing support and guidance.
File a Wrongful Death Lawsuit for the Wrongful Death of a Child. Call Our Personal Injury Law Firm to Claim Compensation. Free Consultation.
If you have experienced the tragic loss of a child due to someone else’s negligence, know that help is available.
Contact RTM Law Firm’s Orange County wrongful death lawyer to explore your legal options and take the first step toward justice. Reach out today and let us support you during this difficult time.
Call our law office in the OC for a free consultation.
We are available anytime for an initial consultation
Free consultation. No fees unless we win.