Mission Viejo Wrongful Death Lawyers
The experienced Mission Viejo Wrongful Death Lawyers of Bisnar Chase are here to hold negligent parties responsible for your loved ones passing. Trying to gain compensation after the death of a loved one can be daunting and an extremely sensitive subject to bring up amongst family members.
A civil lawsuit is often the only way to receive monetary compensation from the party responsible for your tragic loss. For 40 years, the injury attorneys at Bisnar Chase have been helping families obtain the winnings they rightfully deserve after losing a family member.
If you have experienced the loss of a loved one as the result of someone else’s negligence or wrongdoing, you may be able to pursue financial compensation for your loss. Contact us at 949-203-3814 and receive a free case evaluation from an experienced Mission Viejo wrongful death attorney.
What is a Wrongful Death Claim?
A wrongful death claim is a civil lawsuit filed by the victim's spouse, children, parents or other eligible claimants against the at-fault party. In general, the manner in which the death occurs does not affect the value of the wrongful death claim.
There are cases, however, in which a person caused the death by being reckless or careless. Such egregious cases can result in additional compensation. Often the value of a Mission Viejo wrongful death claim is determined by how much insurance the at-fault party has – be it homeowner insurance, auto, or liability insurance.
The claims process is not always easy and it can often take months or even years to settle. Therefore, anyone who has lost a loved one should discuss the specifics of his or her case to determine if it is their best interest to file a claim.
One important factor in determining if a wrongful death claim is in the best interest of the victim's family is to estimate how much the claim may be worth.
7 Questions to Ask When Filing a Wrongful Death Claim
There are many components that can affect how much a wrongful death claim may be worth. When filing a wrongful death claim there are a few important details that you must take into account. Along with "how to file a wrongful death claim?" there are other significant questions to ask when filing a wrongful death case.
7 questions to inquire when determining the value of a wrongful death claim:
1.Was the victim partially responsible for the accident or was the at-fault party solely responsible for the incident? If the victim was 50 percent responsible for the accident, then, compensation may only be available for 50 percent of the losses suffered by the victim's family.
2. Did the decedent have a spouse? Were there children? Did the victim provide financial support to a family?
3. How much did the victim earn at work? How many more years would the victim have worked had he or she survived the accident?
4. Did the decedent consciously suffer pain following the accident before succumbing to the injuries? Compensation may be available for the victim's pain and suffering.
5. Did the victim survive long enough to incur medical expenses?
6. Did the decedent provide benefits for the claimant such as health care?
7. Did the claimant have to pay for the victim's funeral and burial?
California law states that a relative of the deceased has two years to file a wrongful death claim.
Damages That Can Be Compensated for in a Wrongful Death Suit
If the victim survived the accident long enough to experience pain, then, there may be additional compensation for pain and suffering. There may be also additional compensation if the victim provided for minors or if the victim was killed by a criminal act such as drunk driving.
Losses that can be claimed in a wrongful death lawsuit:
- Medical expenses the deceased acquired before their death
- Burial and funeral expenses
- Loss of future earnings that the deceased could have provided for their families
- Loss of affection or companionship
- Financial support that the deceased provided their family at the time
If the insurance company acted in bad faith while handling the claim this also can be a factor in gaining compensation as well.
A wrongful death claim may decrease in value if there is not adequate insurance coverage to compensate the claimant.
The experienced Mission Viejo Wrongful Death Lawyers at Bisnar Chase Personal Injury Attorneys can help you determine the value of your claim and help you hold the wrongdoers and negligent parties accountable for your actions.
Wrongful death claims are not always about money. For most victims' families, it is a way to obtain justice and punish the person or entity responsible for their loved one's death.
If you are thinking about filing a wrongful death claim, please call us at 949-203-3814 for a free consultation and comprehensive case evaluation.
Bisnar Chase Personal Injury Attorneys 1301 Dove St. #120 Newport Beach, CA 92660