Car accidents are one of the leading causes of death in Orange County. In 2019, there were 1,059 fatalities from auto accidents in California alone. Losing a loved one in a car accident is an emotional and devastating experience, made even more difficult when it was caused by someone else’s negligence or reckless behavior.
If you have lost a family member in a car accident in Orange County, you may be entitled to file a wrongful death action. This legal process allows surviving family members to seek compensation for their losses and hold the responsible party accountable for their recklessness.
Specific California laws govern a wrongful death claim for a car accident making it crucial to understand the nuances involved. If you or someone you know has lost a loved one in a car accident, seeking expert legal advice can make a significant difference in your pursuit of justice.
Do you need compassionate support and effective representation?
No fees until we win. Available 24/7.
Car Accidents in Orange County
Orange County, known for its high-traffic roads and freeways, unfortunately, sees its fair share of auto accidents. The county logs thousands of car accidents annually, with a significant percentage resulting in severe injuries or fatalities.
Common causes of wrongful death due to car collisions in the OC include distracted driving, speeding, driving under the influence, and reckless driving. Understanding the context of these crashes is critical as it highlights the severity and frequency of such unfortunate events, emphasizing the need for legal intervention in personal injury and wrongful death cases.
Steps to Take After a Car Accident in Orange County
If a loved one was involved in a car accident and later died, the immediate steps you take can significantly impact any subsequent wrongful death claim. The rules to file a claim are the same in the OC as with the entire California. Here’s what you should do:
Collect Evidence
You have the right to file a personal injury case, so gather as much information as possible from the scene of the crash to establish that what caused the death was not the fault of your loved one.
This includes photos of the vehicles, road conditions, and any visible injuries, video footage, as well as contact information of witnesses. Insights from an accident reconstruction specialist will also be valuable in determining fault and liability.
Call an Attorney First
Before speaking to any insurance adjusters, consult with a wrongful death attorney. Insurance companies often aim to minimize payouts, and having legal representation from an experienced Orange County lawyer ensures your rights are protected.
Keep All Records
Keep track of any related expenses, such as medical bills, funeral costs, and lost wages. These records will be essential in determining the amount of compensation you are entitled to. Your wrongful death attorney can help establish the value of any current and future monetary losses, as well as quantify the amount to address non-economic damages.
Why Call an Orange County Wrongful Death Lawyer Before Talking to Insurance?
While insurance companies may offer a settlement, it is often inadequate and does not cover the full extent of your losses. An experienced personal injury attorney can accurately assess the value of your claim and negotiate to achieve fair compensation.
Remember that insurance providers run a business, and their main goal is to make a profit, not necessarily to provide you with the best compensation. So don’t jump at the first offer they give you. Better yet, get an Orange County wrongful death attorney to speak on your behalf.
Statute of Limitations and Compensation in a Wrongful Death Claim for a Car Accident
In Orange County, as with the entire State of California, the statute of limitations for filing a wrongful death claim is generally two years from the date of the deceased’s death. Missing this deadline can forfeit your right to obtain compensation.
Types of Compensation Available for Fatal Accidents
Families dealing with the death of a loved one from a car accident may be able to claim the following:
- Economic Damages: These cover quantifiable financial losses, including medical bills, funeral expenses, and lost wages.
- Non-Economic Damages: These address intangible losses such as pain and suffering, loss of companionship, and emotional distress.
- Punitive Damages: In instances of particularly severe misconduct, the court may award punitive damages to hold the wrongdoer accountable and discourage similar wrongful acts in the future.
Legal Considerations for Surviving Families and Beneficiaries in a Wrongful Death Lawsuit
You need to find the right attorney for your Orange County wrongful death suit. Here are some tips to help you make an informed decision on hiring:
Personal Injury Experience and Specialization
When choosing an attorney or law firm to file a wrongful death lawsuit, find a specialist with a strong track record in similar cases. Their expertise and history of success will provide the support and guidance you need through the entire process.
Contingency Fee Basis
Most wrongful death attorneys (RTM Law included) work on a contingency fee basis, meaning they only get paid if you win your case. This can alleviate financial stress during an already difficult time.
Preparing to File a Wrongful Death Case
We understand that death claims can be intricate and time-consuming. An experienced wrongful death attorney in Orange County will be there to guide you, from filing the claim and preparing the statement of damages to gathering evidence and negotiating the final settlement. If needed, they will also represent you in court.
California Wrongful Death Claim vs. Lawsuit: What’s the Difference?
A wrongful death claim is a legal action filed by the family members or representatives of the deceased against the party responsible for their loved one’s death. It seeks compensation for damages.
On the other hand, a lawsuit is a formal legal dispute that takes place in court. When you file a lawsuit, if an agreement cannot be reached through negotiations, appearing in court may be necessary to hold the responsible party accountable.
When a Loved One Dies in a Car Accident, You Need a Skilled Wrongful Death Attorney to Fight For You. Call RTM Law for a Free Consultation.
Dealing with the loss of a loved one due to a car accident in Orange County brings both emotional and legal hurdles. Understanding your rights and the legal processes can pave the way for justice and financial relief.
If you or someone you know has been impacted by such a tragedy, seeking expert legal advice is an important first step.
At RTM Law, APC | Personal Injury Attorney, we specialize in assisting families during difficult periods, offering compassionate and experienced legal support to ensure you receive justice and compensation.
We have recovered millions of dollars for heirs and beneficiaries of wrongful death victims in the OC. Let us do the same for you.
Reach out today for a free case evaluation. Call us at (949) 287-4342.
We are available anytime for an initial consultation
Free consultation. No fees unless we win.