Laguna Niguel Wrongful Death Attorneys
The Laguna Niguel Wrongful Death Lawyers of Bisnar Chase are here to bring forth justice to the families who have suffered the loss of a loved one due to negligence. For over 40 years, our legal representation has won over $500 million dollars for accident victims and their families.
Reckless and Drunk drivers should be held accountable for taking innocent lives. We can help you win the compensation you need to recover from your tragic loss. For a free consultation contact Bisnar Chase's Laguna Niguel wrongful death attorneys at 949-203-3814.
Upon your call, you will receive advice on your personal injury case from one of our top legal team experts.
Laguna Niguel Wrongful Death Statue
A wrongful death lawsuit is categorized in the legal field as a tort case. A tort case is a lawsuit that involves an injury that was caused by a negligent party. According to California Law, if a wrongful death takes place, the surviving family members of the deceased are to be compensated for the damages and losses.
A family member losing a loved one due to someone else's carelessness shares many parallels with “loss of consortium." Loss of consortium is a legal term used when a spouse is deprived of the companionship of the deceased. You can file a claim for the loss of companionship along with punitive damages. The damages that are received for “loss of consortium” vary from case to case but you may be able to be compensated for feelings such as mental anguish, emotional distress or physical pain and suffering.
Frequently Asked Questions About Wrongful Death Lawsuits
The death of a loved one can be devastating and it can also be a complicated process to navigate through legally. It is best to know what types of legal actions you can take after the death of a loved one. After the loss of a spouse or parent, you may be faced with a great number of financial setbacks. With the right Laguna Niguel Wrongful Death lawyer many of your questions about your settlement can be answered in-depth.
Types of questions you may have include
:Who can file a wrongful death claim? U.S. Law states that any designated beneficiary of the deceased can claim a wrongful death lawsuit. A designated beneficiary can include a spouse, surviving children or surviving parents of the deceased. There are exceptions though. For example, if the deceased left specific instructions to leave their belongings or estate to a financial dependent that dependent can claim those monetary damages.
Can I sue a hospital for a wrongful death? The answer is yes, but the process can be difficult since hospitals have strong insurance policies set in place. If preventive measures such as checking if the medical equipment was working properly where not taken, this can be grounds for a wrongful death claim. At times a hospital is not legally accountable for a patient's death. Physicians or employees that were supposed to be overseeing the patients' health can be solely held accountable.
How long would a wrongful death case take to settle? Every wrongful death claim is unique. This is because a wide number of elements need to be considered when determining how much compensation the surviving beneficiaries will receive. A wrongful death case, depending on how and who was responsible for the death could take months, a year or even four years to settle. If a wrongful death lawsuit does not make it to trial, settling the case outside of the court system may take some time.
Who pays for the losses in a wrongful death lawsuit? There is a key aspect that must be proven in a wrongful death lawsuit and that is that the negligent party owed a duty of care to the deceased. If the party responsible for the death "breached their duty of care" this can very viable in winning damages for the surviving family members. Another element that is considered in a wrongful death case is the "causation" of the death. The causation is what physically caused the person to lose their life, such as a car striking another vehicle.
What is a wrongful death lawyer? The Law Group of Bisnar Chase has been representing clients and winning what they rightfully deserve after a losing a loved one since 1978. Funeral expenses can be costly and losing steady income can be worrisome. Our Laguna Niguel wrongful death attorneys can win you the compensation you need to take care of yourself and your children. Contact our law offices at 949-203-3814 for a free case analysis.
A fatal Laguna Niguel car accident that is caused by someone else's negligence or wrongdoing may result in a wrongful death claim. When a fatal accident has occurred, it is important for a complete investigation to take place. If it is determined that someone other than the victim was responsible for the accident through an act of negligence or wrongdoing, then, the family can pursue financial compensation for their loss by filing a wrongful death claim.
According to the California Crash Facts report, one person was killed in Laguna Niguel car accidents. However, in Orange County as a whole, 141 people were killed as a result of Orange County car accidents. Many of those accidents involved driver negligence. Some of the most common traffic violations that can result in a wrongful death include:
- Exceeding the speed limit: According to California Vehicle Code 22350: “No person shall drive a vehicle upon a highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of, the highway, and in no event at a speed which endangers the safety of persons or property.” Reckless driving and street racing fall under this category as well. Anyone who exceeds the speed limit or drives at an unsafe speed given the traffic, weather and roadway conditions, is considered negligent under the law.
- Driving under the influence: According to California Vehicle Code Section 23152 (a): "It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle." Drunk driving is not an accident, but it is a choice. Choosing to get behind the wheel of a vehicle while impaired is an irresponsible and reckless act.
Other acts of negligence that can result in a wrongful death car accident include running a red light, failure to look before changing lanes, entering traffic without yielding the right of way and making a dangerous turn without yielding to oncoming traffic.
A fatal Laguna Niguel car accident that is caused by someone else's negligence or wrongdoing may result in a wrongful death claim. When a fatal accident has occurred, it is important for a complete investigation to take place. If it is determined that someone other than the victim was responsible for the accident through an act of negligence or wrongdoing, then, the family can pursue financial compensation for their loss by filing a wrongful death claim.
5 Common Laguna Niguel Wrongful Death Claims
A surviving family member or spouse may be at a loss of what to do legally in their time of grief. Many might think that they do not have the right to file a claim in the first place. There are many types of wrongful death cases claimed every day. It is important to identify what kind of accident your loved one was involved in so you can seek legal representation from a personal injury lawyer that has a wide range of experience in various practice areas.
Common wrongful death cases consist of:- Car accidents and Motorcycle accidents: There are three parties that can be potentially liable for a motorist's wrongful death. This can include another motorist, an auto manufacturer or a government entity that is responsible for maintaining a safe road. Car accident statistics have reported that about 90 people die every day in a motor vehicle accident. Of those accidents over 3 million people are left with severe injuries. Motorists can prevent accidents if they are being attentive and alert while driving. It is against the law to drink and drive and if the accident is serious, negligent drivers can face a lengthy amount of jail time.
- Semi-truck accidents: The damage that can take place in a semi-truck accident can be extensive. The size of a semi-truck can make a driver or the truckers themselves vulnerable to catastrophic injuries. Liability for a truck accident can lie on the truck driver, the trucking company or the manufacturer of the truck. One common reason why a big rig accident takes place is due to a trucker sleeping at the wheel. Often, truckers need to reach deadlines for shipments and are under much pressure to do so. The lack of sleep can result in a trucker driving drowsy. State and federal regulations have recognized the increased number of semi-truck accidents and have taken preventive measures such as enforcing breaks for truckers.
- Product Liability: A wrongful death can be claimed if a person died from a defective product or if there were no safety instructions provided to handle the product properly. Liability for a product differs from each wrongful death case but parties that can be legally responsible for a death caused by a defective product can be a supplier, retailer or manufacturer. Companies are to adhere to product defect regulations and compensate all parties harmed or negatively affected by their wrongdoing. Common defective product cases include products such as pharmaceuticals, cosmetics, food, machinery or asbestos.
- Medical malpractice: In one year an estimated amount of $3 billion was used for medical malpractice payouts. Most patients think that because they did not undergo a severe procedure, they do not have the makings for a medical malpractice case. This is not true though. The most common type of medical malpractice claims include misdiagnoses or prescription errors. While misdiagnoses are proven to be the fault of the medical expert, cases that involve prescription errors can be blamed on the pharmacist or the medication manufacturer. Many hospitals or medical providers do not know that a simple apology and doing their best to rectify the situation can avoid a person filing a lawsuit. If the liable party is quick to react defensively this can result in a client taking legal action.
- Workplace accident: The Occupational Safety and Health Administration reported that in one year, over 5,147 employees were killed at work. Work injuries or deaths are a result of poor working conditions that did not meet OSHA safety standards. OSHA commonly cites standard violations which include fall protection, machinery guarding, control of hazardous energy and powered industrial trucks. Workers compensation regulations are set up to protect a company from an employee who can possibly sue for injuries. In the case of a wrongful death though, workers compensation may not cover the total amount of damages. Some insurance policies would compensate surviving family members for funeral costs, but you may not be able to make ends meet with the reward that you are given by workers comp.
Determining Liability For A Laguna Niguel, California Death
The reputed Laguna Niguel Wrongful Death Lawyers at Bisnar Chase offer our deepest condolences to anyone who has lost a loved one in a car accident.
The family members of a deceased accident victim such as the spouse, children, parents or siblings can file a wrongful death claim against the at-fault party. Damages that may be claimed in a wrongful death claim include lost future income, medical expenses, funeral and burial costs, lost benefits and inheritance.
Our Southern California personal injury lawyers have held a 96% success rate in winning a wide range of cases for clients and work hard every day to provide you with the best client/attorney relationship. We have served the Los Angeles, Long Beach and Irvine, California community for over 40 years.
Please contact us for a free, comprehensive and confidential consultation.
