Aitken, Aitken, & Cohn - A Law Corporation

Personal Injury

Wrongful Death

"Wrongful death" is a type of lawsuit brought by the surviving relatives of a deceased person against a negligent party (who caused the death to occur). Typically, these actions are derived from a negligent or reckless act such as liability from a car accident or an intentional act such as a murder.

 

CALIFORNIA WRONGFUL DEATH STATUTE

 

California has enacted a statute permitting a lawsuit to be brought by the relatives of a person who died as a result of a wrongful act. The idea behind a wrongful death lawsuit is that the wrongful death, in addition to injuring the person who died, also injured people who depended upon the deceased for financial or emotional support. As such, these individuals whom depended on the deceased for financial or emotional support have a "cause of action" through the provisions of our survivor statute.

 

CALIFORNIA WRONGFUL DEATH DAMAGES

 

Wrongful death "survivors" are usually permitted to sue for medical bills paid for the care of the person who was injured as well as for burial expenses. The determination of the amount of damages also requires determination of what would have occurred in the future. These damages include, for instance, an estimate of the amount of earnings the person who died would have earned if they had lived. This requires expert testimony, such as a certified and reputable economist, to determine the deceased "future earning capacity." Additionally, the survival statute permits recovery for the loss of "care, comfort and society" experienced by the survivors due to the absence of the deceased person.

 

CALIFORNIA WRONGFUL DEATH LAWYER/ATTORNEY

 

The Aitken Law Offices have had tremendous success in their representation of wrongful death victims. Some of these recent actions include:

 

$25,000,000 (estimate): The wrongful death of a 34 year old man and severe facial disfigurement of his wife from the dislodgment of a metal cleat from the Sailing Ship Columbia. This case, later named the "Columbia" incident, sparked a national debate on the safety of theme parks. Additionally, this matter brought about several theme park regulations into California law. Please see: Husband Killed And Wife Disfigured By Disney's Sailing Ship Columbia.

 

$3,493,503.00: The wrongful death of a young adult brought on behalf of her parents (at the time the largest verdict of its kind in history of California).   Please see: Reckless Drunk Driver and Road Construction Leds To Death of a 20 year-old.

 

$2,700,000.00: The wrongful death of mother and wife brought by her family. In this action, the mother was driving alone when she was collided headon by defendant's vehicle.  Please see:  Wife & Mother Lost In Drunk Driving Collision. 

 

Disclaimer: The information provided herein does not constitute an attorney client relationship.  The orange county california wrongful death information, personal injury and other legal information is provided for informational purposes alone.  Aitken * Aitken * Cohn practices wrongful death litigation throughout Southern California and Northern California including Orange County, San Diego, Los Angeles, Riverside, San Bernadino, and San Francisco.   For more information, please contact a wrongful death lawyer specialist using the form provided or at 1-866-434-1424.

 

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Santa Ana, California, 92707
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