Fountain Valley Wrongful Death Lawyer
Wrongful Death Attorney in Fountain Valley, CA
When someone dies due to another party’s negligence, it can devastate a family. Grief often comes with financial problems, unanswered questions, and uncertainty about what’s going to happen next. If you are looking for a Fountain Valley wrongful death lawyer, learning about California’s wrongful death laws and understanding how a wrongful death claim works can help families understand their legal options after losing a loved one.
The Mission at Bentley & More LLP
At Bentley & More LLP, we know that every case we take on involves real people. Each individual whose life was cut short by negligence was deeply important to those around them, be it family, friends, or colleagues. Our personal injury attorneys serve clients throughout California and take the time to understand not only the events that led to their loss but also how each life impacted the people who survive them.
While we have built our business on a reputation of aggressive advocacy and successful results, we gauge our success by the difference we make for the families we represent.
How Wrongful Death Claims Work
When someone passes away because of a wrongful act, negligence, or misconduct of another person or party, that family may be able to file a wrongful death claim. A wrongful death claim is a civil action that allows certain family members to pursue compensation for their losses.
Wrongful death claims are different from criminal prosecutions of a person who caused someone’s death. Criminal cases are filed by the government, while wrongful death claims are filed by surviving family members or the deceased person’s estate. The purpose of a wrongful death claim is to provide surviving relatives with compensation for their losses.
Accidents that lead to wrongful death claims can happen in many different ways, such as motor vehicle accidents, pedestrian accidents, truck accidents, defective product accidents, dangerous property conditions, and negligent acts, just to name a few.
California Wrongful Death Laws
California has a few statutes that directly apply to wrongful death claims. California Code of Civil Procedure §377.60 outlines who has the right to file a wrongful death claim. For example, immediate family members such as spouses, domestic partners, children, and, in certain cases, other relatives who financially depended on the deceased person’s income may have the right to file a wrongful death claim.
California Code of Civil Procedure §377.61 establishes the damages that the court may award in a wrongful death claim. This statute allows courts and juries to consider each individual case when determining compensation.
Damages in a Wrongful Death Claim
According to the National Safety Council, humans have a 1 in 22 chance of dying from a preventable death. Car accidents are a major source of wrongful death claims, with there being a 1 in 101 chance of dying from a motor vehicle accident. There is also a 1 in 280 chance of dying from a gun assault.
Losing a loved one impacts a family more than just financially. Apart from monetary losses, families often lose companionship, care, and guidance when someone dies. Some of the damages that you could potentially recover from a wrongful death claim include:
- Funeral costs
- Burial costs
- Loss of financial income
- Loss of companionship
- Loss of benefits
Talk to a Fountain Valley wrongful death attorney to learn what kinds of damages your family may be entitled to based on your relationship with your loved one.
Hire a Wrongful Death Lawyer in Fountain Valley, CA
After someone you love passes away in an accident that could have been prevented, you may be wondering whether you should hire a wrongful death lawyer. Like any case that involves serious injuries or death, wrongful death claims can be complicated. These cases can involve many defendants, insurance companies, laws, evidence, and damages.
If your loved one died in a fatal accident in Fountain Valley or Orange County, you should at least consult with a wrongful death lawyer. Accidents happen on I-405, near Mile Square Regional Park, along Brookhurst Street, or even at local businesses. An attorney can help you understand your legal rights after losing a loved one.
FAQs
How Much Can You Get for Wrongful Death in Fountain Valley, California?
There isn’t one specific amount of money that’s awarded for a wrongful death claim in California. Each situation is different. However, compensation in a wrongful death case is typically based on factors such as age, income, life expectancy, financial support provided to surviving family members, and the loss of companionship and support experienced by surviving loved ones.
What Are the Elements of a Wrongful Death Claim in California?
To prove wrongful death in California, a plaintiff typically needs to prove elements that a person died due to the wrongful act, neglect, or misconduct of another party. Additionally, plaintiffs need to prove that they have the legal standing to file a claim and suffered damages as a direct result of the decedent’s death.
What Is the New Bereavement Law in California?
California law says employers with five or more employees must allow eligible employees up to five days of protected bereavement leave if a family member dies. Employers don’t have to pay employees for bereavement leave unless the company policy says otherwise. However, eligible employees are able to take the leave without fear of retaliation by an employer.
What Are the Odds of Being Successful in a Wrongful Death Claim?
Because every case is factually different, there’s no set percentage that can be placed on the likelihood of recovering compensation in a wrongful death claim. Cases that contain overwhelming evidence of another party’s negligence and have substantial evidence to support damages may be looked at more favorably. If liability is in dispute or there is little evidence of negligence, it may be more difficult to succeed in a case.
Connect With an Advocate
When a loved one dies, it affects an entire family. When it occurs for a preventable reason, this can add stress and grief to a situation. At Bentley & More LLP, we handle these types of cases with care so you can advocate for the justice your family deserves. Contact us today to understand your options.
Client Testimonials
“I can’t thank Bentley & More enough, especially Steve. After my dad’s passing in a car accident, they secured a settlement we are so grateful for. From the start, they made sure we were taken care of, handling everything so we didn’t have to worry. Steve went above and beyond, always there when we needed support, and it was such a relief knowing we were in good hands. If you’re looking for a firm that truly cares, Bentley & More is the one. Highly recommend them!” – Kevin Jimenez ⭐⭐⭐⭐⭐
Bentley & More LLP Office
Address: 4931 Birch Street Newport Beach, CA 92660
Phone: (949) 870-3800
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