When tragedy strikes and death falls on a loved one, you need more than condolences — you need a powerhouse in your corner. At RTM Law, we specialize in wrongful death cases in Santa Ana, Orange County. We understand the profound grief and disruption such an event can bring, and we’re committed to fighting for you.
Our experienced personal injury attorneys are not just legal experts; they’re passionate advocates dedicated to defending victims and seeking justice. Our track record is clear — we’re proficient, relentless, and above all, we secure SIGNIFICANT VICTORIES. Trust our Santa Ana wrongful death attorney to be your ally in the pursuit of justice and rightful compensation.
What is Wrongful Death?
Wrongful death is a legal term referring to a claim that can be brought by certain survivors or the personal representative of the deceased person’s estate when a person’s death is caused by the wrongful act or neglect of another entity or person.
The purpose of a wrongful death claim is to compensate family members and other heirs for their loss, which can include lost wages from the deceased, lost companionship, and funeral expenses among others.
Note that a wrongful death claim is a civil lawsuit and is separate from any criminal charges that might also be filed in connection with the person’s death. This means that even if the responsible party is not found guilty in a criminal trial, they can still be held liable in a civil lawsuit.
What is Survival Action?
In discussions about wrongful death, you will most likely hear “survival action” being brought up. But what does it mean?
A survival action is a lawsuit brought by the estate of the deceased person for damages that the decedent could have recovered if they had survived. These can include medical expenses, lost wages, and property damage incurred from the time of injury to the time of death.
Unlike a wrongful death claim which compensates family members for their loss, a survival action seeks compensation for the losses directly suffered by the deceased.
Types of Wrongful Death Claims
In the state of California, several types of incidents can lead to wrongful death claims. Here are some common types:
These are common causes of wrongful death claims. If a driver’s negligence or reckless behavior caused a fatal accident, the deceased’s family could file a wrongful death lawsuit.
Employers are responsible for maintaining safe work environments. If an employee dies due to unsafe working conditions or accidents at work, a wrongful death claim may be filed.
This includes incidents where unsafe conditions on someone’s property lead to a person’s death. Examples include building collapses, inadequate lighting, or animal attacks.
This can occur when a healthcare provider, such as a doctor or hospital, fails to provide the standard of care that a reasonably competent and skilled healthcare professional would have provided under similar circumstances, leading to a patient’s death.
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Who Can File a Wrongful Death Lawsuit
in Santa Ana, CA?
In California, the following people are typically allowed to file a wrongful death lawsuit:
- ✔ The deceased person’s surviving spouse or domestic partner
- ✔ The deceased person’s surviving children
- ✔ If there is no surviving person in the deceased person’s line of descent, then a wrongful death lawsuit may be brought by anyone “who would be entitled to the property of the decedent by intestate succession”; this could include the deceased person’s parents, or the deceased person’s siblings, depending on who is living at the time of the deceased person’s death.
Statute of Limitations for
Wrongful Death in CA
According to the California statute of limitations on wrongful death, a claim must be filed within two years of the victim’s death.
Damages in a Wrongful Death Lawsuit
In a wrongful death lawsuit in California, the potential damages that can be recovered include:
- ✔ Medical and hospital bills for the deceased’s final illness or injury
- ✔ Funeral and burial expenses
- ✔ Lost income, including potential income the deceased person could reasonably have been expected to earn in the future
- ✔ The value of household services the deceased person would have provided
- ✔ Loss of love, community, attention, affection, moral support, and guidance
- ✔ The loss of enjoyment of sexual relations for the surviving spouse
- ✔ The loss of training and guidance for surviving children
The exact amount and types of damages available can vary depending on the specifics of the case. Consult with a Santa Ana wrongful death lawyer to understand what might be applicable in your situation.
Proving a Wrongful Death Lawsuit
Not all deaths qualify for a wrongful death lawsuit. Valid wrongful death cases must prove four legal elements through evidence:
- ✔ Duty: The defendant owed a duty of care to the deceased individual.
- ✔ Breach of Duty: The defendant breached this duty of care.
- ✔ Causation: The breach of duty was a direct cause of the death.
- ✔ Damages: The death caused the damages that the plaintiff is trying to recover in court.
LOST A LOVED ONE DUE TO SOMEBODY ELSE'S NEGLIGENCE?
Why Trust RTM Law
With Your Wrongful Death Case?
RTM Law boasts a team of skilled wrongful death attorneys, medical experts, and case managers with deep knowledge of California’s personal injury laws. Our expertise enables us to handle complex wrongful death cases with ease.
We understand every wrongful death case is unique, so our Santa Ana personal injury attorneys provide personalized legal strategies for each client. At RTM Law, your concerns are our priority and we ensure your voice is heard throughout the legal process.
Our firm has a proven track record of securing substantial settlements and verdicts in wrongful death cases, totaling millions of dollars in Orange County and all over California. Trust our Santa Ana wrongful death attorney to help you navigate your case with confidence and financial peace of mind.
HAVE YOU LOST A LOVED ONE DUE TO ANOTHER'S NEGLIGENCE?
FREE CASE EVALUATION.
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Santa Ana Wrongful Death Lawyer: FAQs
What does a Santa Ana wrongful death attorney do?
A Santa Ana wrongful death lawyer provides legal representation to families who have lost a loved one due to the negligence or wrongdoing of another party. They help clients navigate through complex California law, filing lawsuits, collecting evidence, negotiating settlements, and advocating for them in court if necessary.
When should I hire an injury lawyer in Orange County?
Obtain the services of a personal injury lawyer as soon as possible after your loved one’s death. This allows the attorney to start collecting evidence, interviewing witnesses, and building a strong case on your behalf.
How much does a Santa Ana wrongful death lawyer cost?
Our wrongful death attorneys in Santa Ana work on a contingency fee basis. This means we only get paid if we win your case — and we will. The fee is a percentage of the settlement or verdict amount. Talk to our case managers to learn more about this contingency fee agreement.
What information should I provide to my Santa Ana wrongful death lawyer?
You should provide any information that could be relevant to your case. This includes details about the incident, medical records, police reports, eyewitness accounts, and any communication from insurance companies or other parties involved in the incident.
Can a Santa Ana wrongful death lawyer guarantee a successful outcome?
No attorney can guarantee a successful outcome as each case depends on a variety of factors. However, hiring an experienced legal team that specializes in wrongful death cases can significantly increase your chances of receiving the compensation you deserve.
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Get The Money You and Your Family Deserve With the Help of RTM Law
Secure justice for your loved one with RTM Law. Our dedicated and experienced Santa Ana wrongful death attorneys are committed to fighting for the compensation you deserve.
Don’t face this challenging time alone — reach out to RTM Law today, and let us stand with you in your pursuit of justice and the truth.
We are available 24/7 to review your case.