Orange County Wrongful Death Attorney
Dedicated Wrongful Death Lawyers In Orange County, California
Have you lost a loved one due to a wrongful act or the negligence of another person? If so, you should speak to an Orange County wrongful death attorney about the compensation that may be available to you to assist with the unexpected expenses and hardships common in the wake of a loved one’s loss.
Why Choose an Orange County Wrongful Death Lawyer?
Our team’s success comes from years of experience, a strong passion for justice, and unwavering advocacy. The wrongful death attorneys at Aitken * Aitken * Cohn in Orange County provide:
- Attentive and considerate service
- Answers to family members’ questions about their rights
- Access to experienced attorneys
- Regular communication and updates
- Maximized claims for insurance and courtroom compensation
California’s Wrongful Death Statute
In California, you can file a wrongful death claim if someone dies because of a wrongful or negligent act. The people eligible to file this claim include:
- The decedent’s spouse or domestic partner
- The decedent’s children
- If there are no surviving spouse or children, then the parents, siblings, or others entitled to the deceased person’s estate through intestate succession
- A putative spouse of the deceased or children of the putative spouse
- The decedent’s stepchildren
How Do Wrongful Death Claims Differ From Homicide?
Wrongful death claims and homicide charges are different in nature. A wrongful death claim is a civil lawsuit filed by the deceased’s survivors to seek compensation for expenses related to their loved one’s death. In contrast, a homicide charge is a criminal case brought by the state, which can result in prison time and fines for the accused. In California, family members can file a wrongful death claim even if the person responsible is facing criminal charges. Aitken * Aitken * Cohn can also help you understand the statute of limitations for filing a wrongful death claim in California.
What Damages Can Be Recovered From A Wrongful Death Claim?
Both economic and non-economic damages can be recovered through the filing of a wrongful death claim. Some of those damages include:
- Burial and funeral expenses
- Medical expenses that were incurred through the decedent’s final illness or injury
- The loss of income that the deceased person would have earned in the future, had he or she survived
- The value of household services that were formerly provided by the decedent
- Loss of financial support
- Loss of love, community, attention, affection, guidance, and moral support.
California wrongful death claims must be made within two years of the decedent’s death.
What Are The Common Causes Of A Wrongful Death?
Wrongful death can occur in nearly any situation or location where there is the potential for negligent behavior on the part of another person. However, there are some common causes of wrongful death, including:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Bicycle accidents
- Defective products
- Slip and fall injuries
- Workplace injuries
- Medical malpractice
Strict liability cases can also result in wrongful death. In these cases, a defendant can be held responsible even if they were not negligent. This can happen if the defendant manufactured, distributed, or sold a product that caused someone’s death, or if a domestic animal with known dangerous tendencies killed someone.
“Aitken Aitken Cohn was prompt and courteous throughout my entire case. Darren Aitken helped navigate me through a very tough time. He showed me how to advocate for my daughter and my family.”
L.G. – Client Review
In Wrongful Death Cases, There May Be More Than One Liable Party
Wrongful death claims are complex, and best pursued with the experience and guidance of an attorney. One of the complexities involved in these types of claims is the reality that there may be multiple parties who are liable for the accident. Some examples of this include:
- In a motor vehicle accident case, liability may extend beyond the negligent driver. The defendant’s insurance company, the victim’s own insurance carrier, and the vehicle’s owner (if they knew the driver had a history of negligence) could all be held accountable. Additionally, if the defendant was driving a company-owned vehicle, the employer might be liable. Responsibility could also fall on those who performed maintenance on the vehicle, as well as those who sold, manufactured, or distributed its parts. Read the case of the Coto De Caza wrongful death lawsuit.
- A medical malpractice case results in the death of a patient, in which the doctor may have liability, as well as the hospital or medical provider group that employs the doctor. There may possibly be more liability with the company that made or distributed medical devices that contributed to the patient’s death, as well as other staff members at the hospital.
- A slip and fall case at a public park that resulted in the death of a visitor to the park, in which employees of the agency that operated the park may be liable if they knew beforehand of a dangerous condition. There may also be a liability with the agency itself, as well as the company tasked with maintenance at the park.
A wrongful death attorney helps by identifying all liable parties and accessing all relevant insurance policies to maximize the compensation for the victim’s family. This thorough investigation ensures no potential source of compensation is missed, giving the family the best possible financial recovery. Additionally, the attorney guides the family through the legal process, providing support and clarity during a difficult time.
What Our Orange County Wrongful Death Lawyers Can Do For You
Our Orange County wrongful death attorney’s focus is to relieve you and your family of as much of the burden as possible. That’s why at Aitken * Aitken * Cohn, you focus on your and your family’s health while we deal with the insurance companies.
The legal team at Aitken * Aitken * Cohn will help you by:
- Managing all communication with the insurance company
- Investigating the circumstances of your loved one’s death
- Collecting the evidence
- Identifying all potential sources of compensation
- Negotiating with insurance companies to obtain a proper wrongful death settlement
- Take your wrongful death case to court if the insurance company refuses to pay sufficient compensation.
Our dedicated wrongful death attorneys in Orange County will review and evaluate your potential claim at no charge to you. Contact Aitken * Aitken * Cohn today and put our knowledge, experience, and resources to work for you.
Who Can File A Wrongful Death Claim?
In California, a wrongful death claim arises when a person dies due to the wrongful act or negligence of another individual or entity. This claim is a civil lawsuit, not a criminal one. If successful, the court orders the responsible party to pay monetary damages to the survivor or the personal representative of the deceased’s estate.
A wrongful death lawsuit is allowed by the following:
- The deceased person’s surviving spouse
- The deceased person’s domestic partner
- The deceased person’s surviving children
- If there is no surviving person in the deceased person’s line of descent, then by anyone who would be entitled to the property of the decedent by intestate succession;
The following people may also file a wrongful death lawsuit in California if they can show they were financially dependent on the deceased person:
- The deceased person’s “putative spouse” and children of the putative spouse;
- The deceased person’s stepchildren; and
- The deceased person’s parents.
Evidence To Prove Wrongful Death
Because you’re dealing with a loss of life, wrongful death cases aren’t always simple when it comes to proving who is at fault. However, if you can prove that someone else’s negligence caused the death, you most likely have a case. There are four elements of evidence necessary to prove fault which are:
- Breach of Duty: The plaintiff must demonstrate that they were owed a duty of care by the person at fault. In an incident such as a car accident, the duty of care would have been ignored by the defendant if they had been breaking the law or driving dangerously.
- Negligence: If the defendant failed to do their duty and resulted in another’s death, the plaintiff must be able to prove that the other’s negligent actions directly resulted in another’s death.
- Causation: In this instance, the plaintiff must be able to prove that it was actually the defendant whose actions led to the death, and not an outside force.
- Damages: For those filing a wrongful death claim, the plaintiff must also be able to prove that they suffered damages, which is usually obvious in a wrongful death case in which there was a loss of life.
How Aitken * Aitken * Cohn Has Helped With Orange County Wrongful Death Cases In The Past
Aitken * Aitken * Cohn is proud of its successful record with wrongful death claims, and the ability of those verdicts and settlements to help the victims’ families during their time of need. A few examples of those claims include:
- $25,000,000 (estimate): This undisclosed settlement was awarded for the wrongful death of a 34-year-old man, as well as the severe facial disfigurement of his wife that was caused due to a metal cleat that dislodged from the Sailing Ship Columbia. The death and injury were suffered in front of the couple’s two children. This case, later named the Columbia incident, set off a debate nationwide on the safety of theme parks and resulted in the introduction of several theme park regulations into California law.
- $3,493,503: Awarded for the wrongful death of a 20-year-old brought on behalf of her parents. The young woman’s car was struck and she was killed by a drunk driver who was operating a company-owned vehicle in a construction zone. It was found that, before the accident, the man was drinking at a company party. He had also been up for 23 hours and had consumed drugs before the accident. At the time, this was the largest wrongful death verdict of its kind in the history of California.
- $2,700,000: Awarded to the family of a wife and mother who was killed in an accident. The mother was driving alone when she collided head-on with the defendant’s vehicle. The defendant had run a red light and was drunk and speeding at the time of the crash. The suit was brought against both the driver and his employer, as he was driving a vehicle that he leased from his employer at the time of the accident. The driver admitted liability, but the employer denied liability in the case.
While it is not possible to guarantee future results based on past outcomes, our associates are nonetheless proud of the awards we’ve obtained on behalf of our clients.
Call An Orange County Wrongful Death Attorney Today
While there is no amount of money that can bring back a cherished family member, a wrongful death claim can help to recover the unexpected expenses that family members face. If you have lost a loved one in Orange County due to the reckless or negligent behavior of another, the experienced wrongful death attorneys at Aitken * Aitken * Cohn may be able to help you recover damages.
We have more than 30 years of experience obtaining settlements and court awards for damages in wrongful death claims. Our Orange County wrongful death attorneys look forward to providing you with a free consultation and case review in order to explore the legal options that are available to you. Contact us or email us to schedule your consultation now.
Examples Of Wrongful Death In The Local News 2024
- According to a report, he family of Mikeanesha Moore, who died from severe burns a week after a gas explosion at her Orange County apartment, is suing the property’s owner, manager, and gas service provider for wrongful death. The explosion occurred on March 1, 2024 at Woodhill Apartments, critically injuring Moore with third- and fourth-degree burns over 40% of her body. The lawsuit, which seeks damages for lost earnings, family income loss, and medical and funeral expenses, alleges that an unplugged natural gas line in Moore’s laundry room caused the fatal explosion. The suit also highlights years of complaints about gas leaks in the apartment complex.
- The DFB (Disney Food Blog) announced that Jeffrey Piccolo has filed a wrongful death lawsuit against Walt Disney Parks and Resorts and Raglan Road, an Irish pub at Disney Springs, following the death of his wife, Kanokporn Tangsuan, a doctor at NYU Langone. The lawsuit alleges that Tangsuan, who had severe food allergies, was assured by Raglan Road staff that her food would be allergen-free. Despite repeated confirmations, the food served lacked customary allergen flags, and Tangsuan suffered a fatal allergic reaction after dining there on October 5, 2023. The lawsuit seeks damages for her untimely death due to the restaurant’s negligence in handling her allergy concerns.
- A wrongful death verdict in Orange County held the Soul Quest Church and its operator responsible for the death of a participant during a psychedelic retreat. The participant suffered from severe hyponatremia after being advised to drink large amounts of water, resulting in a fatal condition exacerbated by the retreat’s inadequate medical response (Filter).