Tustin Wrongful Death Attorney
The Tustin Wrongful Death Attorneys of Bisnar Chase know that having to make the decisions after your loved one's death is a difficult burden to bear. After the death of a close friend or family member, many suffer from extreme depression and anxiety trying to cope with their loss while taking care of their new responsibilities. Since 1978, our lawyers have been fighting to relieve some of the pain and suffering that goes along with losing a close relative. With a 96% success rate, our legal representatives have won over $500 Million in compensation for the families of the deceased. If the death of your loved one could have been prevented and you are seeking to hold negligent parties accountable please call 949-203-3814 to speak with a Tustin Wrongful Death Lawyer. Upon your call, you will receive a free case analysis as well. We are passionate about helping families hold wrongdoers responsible for the death of their loved ones. Contact us today.
What Is a Wrongful Death?
A wrongful death suit can be brought to the courts if the living relatives claim that the death of their loved one could have been avoided. Wrongful death cases give family members the opportunity to seek justice and hold those responsible for their loved one's death. California is known to be one of the few states with the highest amount of accidental deaths. Bisnar Chase's Tustin Wrongful Death Attorneys have over 40 years of experience with wrongful death suits and know what the families of the deceased deserve. The following is what you can claim as damages in a wrongful death suit. Types of Damages You Can Be Compensated for in a Wrongful Death Suit:
Who Can File a Wrongful Death Claim?
Before hiring a Tustin Wrongful Death lawyer it must be determined that the person making a wrongful death claim is deserving of compensation. Children and spouses are not usually the only claimants of a wrongful death.
According to Civil Procedure section 377.60 the following individuals can bring forth a wrongful death case:
How Do You Prove a Wrongful Death?
Damages that can be compensated for in a wrongful death suit are different from those in an average negligence suit. The plaintiff must provide a specific type of proof for the claim. There are four elements that a family member or domestic partner must prove in a wrongful death case.
4 Elements to Prove in a Wrongful Death Case
1. Negligence: The family of the deceased must prove that their loved one died out of the employers or third parties carelessness. 2. Duty: First, the family needs to prove that it was the duty of the negligent party to care for the deceased. For example, if a doctor does not perform to the best of his/her ability to maintain the health of a patient, this is seen as a carelessness. The plaintiff must prove that the third party abandoned their duty as a health provider. 3. Causation: The plaintiff must prove that the defendant was the sole cause of the death of a loved one. For example, if a drunk driver kills a pedestrian, the driver is seen as the primary cause of the victim's death. 4. Damages: It must be proven that the deceased accumulated many funeral expenses, medical bills and potential earnings.
It is important to keep in mind for the family members of wrongful death victims that there is a limited amount of time to pursue compensation for their loved one's death. In California, some families have as little as 6 months from the date their loved one passed.
Determining Damages in a Wrongful Death
Financial or "Pecuniary" factors are the main determinants when claiming damages for a wrongful death. Pecuniary is anything related to the costs that the loved one has acquired after their death. There are a few elements to take into consideration when trying to recover pecuniary losses.
Determinants for Claiming Pecuniary Damages from the Deceased:
Bisnar Chase Personal Injury Attorneys have assisted more than 12,000 clients while sustaining a 96% success rate. Over the years we have represented many families whose loved one's death was the result of a personal injury that our other clients fell victim to as well.
We know exactly how to win your case, and have proven results assisting other families with similar situations. Our success will give you the peace of mind that you need to concentrate on recovering from your loss.
No matter how your loved one suffered fatal injuries, we can help.
If you are seeking out an experienced injury to fight for your loved one, contact us today. Our Tustin wrongful death lawyers offer free professional evaluations and will inform you of your options with no obligation to sign with our firm. Call call 949-203-3814 and receive a free consultation.
Bisnar Chase Personal Injury Attorneys
1301 Dove St. #120
Newport Beach, CA 92660