ORANGE COUNTY
WRONGFUL DEATH LAWYER
Personal injury attorneys representing families and loved ones of accident victims who died due to another person or entity's negligence in Orange County.
Zero Fees Unless We Win
Losing a loved one due to another’s negligence is one of the most challenging experiences a family can endure.
In Orange County, California, when such tragedies occur, RTM Law Firm is dedicated to serving families affected by wrongful death, ensuring that they receive the justice and compensation they deserve. Let us help you file a wrongful death claim or lawsuit so that you can focus on grieving and healing.
We understand that no amount of money can bring back your loved one or ease the pain of your loss. However, filing a wrongful death case can help provide financial stability for your family during this difficult time. Our personal injury lawyers in Orange County will fight to recover compensation for medical expenses, funeral costs, lost wages, and other damages resulting from the wrongful death.
What Constitutes Wrongful Death Under California Law?
A wrongful death in California occurs when a person’s death is the result of another party’s negligence or wrongful act. This legal concept is designed to hold the responsible party accountable and provide relief to the bereaved family.
Wrongful death can arise from various scenarios including car accidents, medical malpractice, unsafe products, and hazardous property conditions. The statute of limitations to file a claim is two years from the date of the deceased person’s passing.
This is why it is crucial to act quickly and seek the help of an Orange County wrongful death attorney to ensure that you have a strong case.
Criteria for Filing an Insurance Claim
As mentioned, filing an insurance claim for wrongful death is warranted when the death has been caused directly by another party’s action or negligence. This might include:
- Motor vehicle accidents: Where another driver’s reckless or negligent driving leads to a fatal accident.
- Medical errors: Including surgical mistakes, misdiagnoses, or improper medication that results in death.
- Work-related incidents: Where unsafe work conditions or lack of proper safety measures lead to fatal accidents.
- Product liabilities: Deaths caused by defective or inherently dangerous products.
These claims are typically made against the insurance policies of the party at fault, be it an individual’s auto insurance, a professional’s malpractice insurance, or a company’s general liability insurance.
Examples of Wrongful Death Due to Negligence
Here are a few examples of circumstances that often lead to wrongful death claims:
- Traffic Collisions: A family member dies in a car crash caused by a distracted or drunk driver.
- Medical Negligence: A fatal outcome from a routine medical procedure due to negligent care.
- Occupational Hazards: Exposure to toxic chemicals without adequate safety measures results in a fatal condition.
- Public Space Incidents: Fatal injuries due to poorly maintained property conditions in a public or private setting.
Wrongful Death Claim vs Wrongful Death Lawsuit
It is important to understand the difference between a wrongful death claim and a wrongful death lawsuit. A claim is typically filed with an insurance company seeking compensation for damages, while a lawsuit is filed in court against the party responsible for the death.
In order to file a successful wrongful death claim or lawsuit, certain elements must be present. These include:
- Duty of Care: The defendant had a legal obligation to provide reasonable care to prevent harm.
- Breach of Duty: The defendant failed to uphold their duty of care.
- Causation: The defendant’s breach of duty was the direct cause of wrongful death.
- Damages: The plaintiff has suffered actual financial, emotional, or other damages as a result of the death.
If these elements are present, you may file a wrongful death lawsuit or claim to seek damages for various losses, such as medical expenses, funeral costs, lost wages and benefits, pain and suffering of the deceased before their death, loss of companionship and support for surviving family members, and potentially punitive damages in cases of extreme negligence.
Have you lost a loved one in Orange County
due to another’s negligence?
Waiting will hurt your case.
Call our wrongful death lawyers
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Why Trust RTM Law Firm's Orange County Wrongful Death Lawyer?
Expertise and Experience in Personal Injury Law
Our team of experienced Orange County wrongful death attorneys has a deep understanding of the legal complexities surrounding wrongful death cases. We have handled numerous personal injury cases all over California.
Compassionate Support
We understand that losing a loved one is an extremely difficult and emotional experience. That’s why we strive to provide compassionate and supportive legal representation, allowing you and your family to focus on healing while we handle the legal aspects of your case.
Millions Recovered in Wrongful Death Damages
Our track record speaks for itself — we have recovered millions of dollars in compensation for families who have lost a loved one due to someone else’s negligence. Our Orange County wrongful death attorneys will fight tirelessly to ensure that you receive the justice and financial support you deserve.
Have you lost a loved one
due to another’s negligence?
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Lost a loved one due to an accident?
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Free consultation. No fees until we win.
Who Files the Claim and Who Receives the Compensation?
Who Files the Claim in a Wrongful Death Case?
In California, the wrongful death action must be filed by the decedent’s direct family members. This usually includes spouses, domestic partners, children, and dependents. If no such relatives exist, other family members such as parents or siblings may have the right to file the claim.
Who Receives the Compensation?
The compensation awarded from a California wrongful death claim is typically distributed to the deceased’s spouse, domestic partner, children, or other family members who were financially dependent on the deceased.
The amount and distribution of compensation take into account the financial support the deceased would have contributed during their lifetime, the loss of companionship, and moral support.
Wrongful Death and Minor’s Compromise
In situations where the beneficiaries of a wrongful death claim are minors, a court procedure known as a minor’s compromise is required to ensure any settlements are in the best interest of the minor children. This process involves a court review and approval of the settlement to safeguard the minors’ financial interests until they reach adulthood.
Client Success Stories
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Orange County Wrongful Death Attorney: FAQs
Our law office handles wrongful death cases on a contingency fee basis. This means our clients do not pay any upfront costs or hourly fees. Instead, our fee is a percentage of the settlement or judgment we obtain for you. If we do not win your case, you owe us nothing. This fee structure is designed to ensure that everyone has access to high-quality legal representation without the burden of financial stress.
Yes, you can still file a wrongful death case even if the deceased person was not employed. Compensation in wrongful death cases is not solely based on lost wages; it also includes loss of love, companionship, support, and guidance. If the deceased was a homemaker, compensation might reflect the value of the services they provided at home, such as childcare, education, and household management.
In California, the right to file a wrongful death claim is primarily given to the members of the deceased’s immediate family. This includes the deceased’s surviving spouse or domestic partner, and children. If these relatives do not exist, the claim may be brought by anyone who would be entitled to the deceased’s estate under California’s laws of intestate succession, such as parents or siblings.
In some cases, other individuals who were financially dependent on the deceased, such as stepchildren or parents, might also have the right to file a claim. Understanding who is eligible to file can be complex, and consulting with an Orange County wrongful death lawyer can help clarify the concern.
File a California Wrongful Death Claim. Call Our Personal Injury Attorneys at RTM Law Firm for a Free Consultation. No Fees Until We Win.
Our wrongful death lawyers understand the profound loss that comes with the untimely death of a loved one. We are committed to providing compassionate, thorough legal representation to make the process as smooth as possible.
We believe in holding negligent parties accountable and securing the compensation our clients are entitled to receive. Our aim is not only to address the financial impact of your loss but also to bring about a sense of justice, which can be crucial for emotional healing.
If you have lost a loved one due to someone else’s negligence in Orange County, contact RTM Law, APC | Personal Injury Attorney today. Call us at (949) 287-4342 for a free and confidential case review.
Have you lost a loved one
due to another’s negligence?
Free consultation. No fees until we win.
Millions of Dollars Recovered for Accident Victims
Our California personal injury law firm has consistently obtained maximum outcomes and recovered millions for our clients
RTM WINS
$5,000,000
Global Settlement
Trucking Accident
RTM WINS
$2,000,000
Wrongful Death
Auto Collision
RTM WINS
$1,000,000
Global Settlement
Auto v. Truck
RTM WINS
$900,000
Car Accident
Auto v. Auto
RTM WINS
$485,000
Rear End Auto Collision
Involving Mild Brain Injury
RTM WINS
$425,000
Motorcycle Accident
Motorcycle Collision
RTM WINS
$425,000
Trip and Fall
Incident at Apartment
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We Help Accident Victims File
a Personal Injury Claim in Orange County, California
Our Orange County personal injury attorneys handle a wide range of personal injury claims in several areas, including:
- Aliso Viejo
- Anaheim
- Brea
- Buena Park
- Costa Mesa
- Cypress
- Dana Point
- Fountain Valley
- Fullerton
- Garden Grove
- Huntington Beach
- Irvine
- La Habra
- La Palma
- Laguna Beach
- Laguna Hills
- Laguna Niguel
- Laguna Woods
- Lake Forest
- Los Alamitos
- Mission Viejo
- Newport Beach
- City of Orange
- Placentia
- Rancho Santa Margarita
- San Clemente
- San Juan Capistrano
- Santa Ana
- Seal Beach
- Stanton
- Tustin
- Villa Park
- Westminster
- Yorba Linda
Our Location
RTM Law, APC | Personal Injury Attorney
CA 92706
(949) 287-4342