Losing a cherished family member is devastating. When you learn their death was preventable, you may be anxious to make those responsible pay. Fortunately, you can demand justice when you turn to a trial-proven Anaheim wrongful death attorney from Fisher & Talwar. 

For nearly 20 years, our personal injury lawyers in Anaheim have advocated for the families of those struggling to cope with a wrongful death. With extensive experience handling fatal accidents and injuries, including a recent $1.5 million settlement in a fatal truck accident case, our firm is uniquely qualified to help you through these difficult times. Contact us to schedule your free consultation today.

What it Means to File a Wrongful Death Claim in Anaheim

A wrongful death lawsuit is similar to a personal injury claim. When someone is seriously injured in an accident, they can file a personal injury lawsuit against the individual or entity responsible for causing the accident. However, with a wrongful death claim, it is up to the decedent’s surviving family members to demand justice. As described under California Code of Civil Procedure § 377.60, if someone else is responsible for causing your loved one’s death, they can be held accountable in civil court.

It is important to keep in mind that there are many legal nuances surrounding wrongful death actions. You may be anxious to get started on your claim, but it is crucial that you understand these laws and how they pertain to your case so you are prepared accordingly. Here are some of the most important details your family needs to know: 

Who Can File For a Wrongful Death Case in Anaheim?

Although you might hope to file the wrongful death claim as soon as possible, before we can, we need to make sure you have the right to do so. Generally, the decedent’s surviving family members will have the right to file the claim, or the decedent’s preselected personal representative can do so on the family’s behalf. However, not all family members can file a wrongful death action. 

Generally, only the decedent’s surviving spouse, children, or anyone who might have inherited the decedent’s estate can file a wrongful death lawsuit. The language of the legal statute reads as follows:

377.60.

A cause of action for the death of a person caused by the wrongful act or neglect of another may be asserted by any of the following persons or by the decedent’s personal representative on their behalf:

(a) The decedent’s surviving spouse, domestic partner, children, and issue of deceased children, or, if there is no surviving issue of the decedent, the persons, including the surviving spouse or domestic partner, who would be entitled to the property of the decedent by intestate succession. If the parents of the decedent would be entitled to bring an action under this subdivision, and the parents are deceased, then the legal guardians of the decedent, if any, may bring an action under this subdivision as if they were the decedent’s parents.

What are “Damages”?

If the jury returns a verdict in your favor, the defendant will be expected to compensate your family for your “damages”. These refer to the various ways the decedent’s life and your family’s lives have been impacted by the loss of your loved one. There are many types of economic and non-economic recoverable damages your family may be entitled to. Some examples of such losses could include:

  • The loss of the decedent’s companionship and love
  • The decedent’s medical expenses prior to their death
  • Loss of the decedent’s support, guidance, and advice
  • The decedent’s burial expenses and funeral costs
  • The decedent’s pain and suffering prior to their death
  • Loss of the decedent’s household services and financial contributions

Punitive damages are another type of award that could apply to your wrongful death case. It depends on the defendant’s intent. If the civil justice system finds the defendant’s conduct to be reprehensible, grossly negligent, or intentionally harmful, it may decide punitive damages are warranted as described under California Civil Code Section 3294.

Is There a Time Limit?

The state does not give you an unlimited amount of time to file your wrongful death claim. As described under California Code of Civil Procedure § 335.1, the statute of limitations for wrongful death lawsuits in California is typically two years. The statute of limitations will generally run out two years from the date the decedent passed away, though this deadline could be longer or shorter if extenuating circumstances apply.

Any Accident Has the Potential to Be Fatal

Your car accident lawyer will need to thoroughly investigate the cause of your loved one’s death. The type of accident they were involved in or how their injuries occurred will help us figure out who should be sued in your wrongful death claim. Some of the most common types of accidents and events our former wrongful death clients have struggled to cope with include:

  • Car accidents
  • Motorcycle accidents
  • Slip and fall accidents
  • Construction accidents
  • Truck accidents
  • Swimming pool drownings
  • Sports-related accidents
  • Assaults and homicides
  • Work accidents
  • Medical malpractice
  • Product defects

Whether the defendant intended to cause your relative’s death or did so accidentally is irrelevant when it comes to liability. If they are responsible for taking your loved one from this world, they should be held to account. While you may not have any say in whether criminal charges are filed, this wrongful death lawsuit is your opportunity to demand justice be served.

The Fisher & Talwar Difference

When you are searching for the right Anaheim wrongful death attorney to take on your case, you will likely be faced with thousands of results to search through. It can be difficult to determine which law firm will truly prioritize your best interests. When you choose Fisher & Talwar, you can expect our high-powered legal advocates to build the strongest case possible based on the circumstances of your loved one’s death.

Having successfully recovered multimillion-dollar settlements in several truck and auto fatality claims, our firm knows what it takes to win at trial. We can put our extensive knowledge of the legal system and strategic insight to work for you and your family when you are unsure of where to turn for help. Our team is available 24/7. You can expect to connect directly with your catastrophic injury lawyer. We will provide you with regular case status updates every step of the way, so you can feel confident as we navigate the complexities of the claims process.

Trust In a Respected Wrongful Death Lawyer in Anaheim For Help Today

Although your life may be forever altered by the trauma of your loss, you can take steps to get justice for your treasured loved one. Your dedicated wrongful death attorney in Anaheim from Fisher & Talwar can help guide you through the claims process and ensure the at-fault party is held accountable to the fullest extent of the law. 

To learn more about what your next steps should be, contact us to schedule a no-cost, risk-free consultation. Reach us through our confidential contact form or by phone to get started on your case as soon as today.