Garden Grove is a beautiful place to live and a great place to visit. It is near many attractions and great places to dine, but it also can be a busy and hazardous place to drive. Sometimes high speeds and crowded streets result in accidents, and unfortunately, some may be fatal. Traffic accidents are the most common reason for wrongful death suits in Garden Grove and in California. Other reasons may include accidents in the workplace, medical malpractice, as well as the intentional act of homicide.
If you recently lost a loved one in Garden Grove due to the negligence or reckless act of another, you may be eligible for compensation for damages. Our experienced and compassionate legal team of Garden Grove wrongful death lawyers at Kash Legal can help investigate the incident, file your claim, and retrieve the compensation owed to you for your tragic loss.
Wrongful death occurs when someone dies from the negligent, reckless, or intentional act of another person or entity. Even if the death is caused by unintentional actions, the result is still the same. You can find California’s wrongful death law spelled out in the Code of Civil Procedure 377.60. It provides legal recourse for the surviving family members to recoup damages in the event of the loss of a loved one through wrongful death.
There are several circumstances that may be considered wrongful death. Any time that a person dies as a result of the action of another, it may be considered wrongful death. Some of the most common are:
Accidents involving a car, truck, bus, or motorcycle can be considered in a wrongful death suit if a person dies as a result of another if the following circumstances exist:
If these four conditions exist, you may have grounds for a wrongful death suit.
Many times motor vehicles are caused by driver negligence including driving while intoxicated or under the influence of drugs, speeding and driving recklessly, driving while drowsy or somehow incapacitated, or driving while texting, talking, or in another way distracted.
If your loved one dies as a result of being struck by a motor vehicle while walking or riding a bicycle, this may be considered a wrongful death case. Drivers are responsible for exercising a duty of care to pedestrians and cyclists while in control of a motorized vehicle. If they are distracted or reckless causing injury and death, they may be responsible for wrongful death damages.
Patients who have not been properly cared for by medical professionals, and who have died as a result of the improper or nonexistent care, may have died as a result of medical malpractice. This could include misdiagnosis, surgical mistakes, improper post-op care, incorrect diagnosis and treatment, or mistakes made during labor and delivery.
Most of the time, families of victims who die of workplace accidents are covered with a death benefit under the employer’s workers’ compensation insurance. However, they may be entitled to further compensation if there was a disregard for safety or a blatant act or circumstance that created the death. This could be because of unsafe equipment, working conditions, or defective or unsafe equipment or machinery.
The elderly are probably the most susceptible to falls that result in death. However, slippery walkways, unsafe harnesses or railings, or other hazardous conditions could cause catastrophic falls that ultimately result in death for anyone.
A situation involving defective equipment can involve many kinds of products, but this is particularly common if a defect in a vehicle may have caused the accident. For example, if a semi-truck has defective brakes that caused the accident, it may be the defect in the equipment rather than the actions of the driver that caused the death.
However, there are many types of product liability claims. For instance, unsafe products have caused hazards to infants and young children.
Southern California has a high rate of homicides each year and the number has continued to climb. Homicide is an intentional, violent act that results in the wrongful death of a person.
Most of the time, those immediate descendants of the deceased are eligible to file a wrongful death claim. This includes:
It can be very confusing to know if you are legally eligible to file a wrongful death suit. That’s why it is so important to contact an experienced Garden Grove wrongful death attorney to help guide you with your claim.
There are both economic damages and non-economic damages that may be considered in a wrongful death suit. Economic damages are those damages that can easily be calculated as a loss because of the death of your loved one. For example, the wages that the deceased would have earned if they had lived, the services that will now have to be paid for such as child care, housekeeping, etc., and the funeral and burial expenses.
Non-economic damages are those that are not easy to calculate and include things such as loss of love, companionship, or consortium. It could include the guidance and training that a parent may provide to children as well as the missed affection because they are deceased. A Garden Grove wrongful death lawyer can help you pursue these damages.
At Kash Legal, we know you have enough to worry about. If you have recently lost a loved one due to the negligence, recklessness, or intentional act of another person, we can help. Our experienced team of Garden Grove wrongful death lawyers can gather information, guide you in your claim, and compassionately fight for the compensation that you deserve.
Reach out to us at (888) 527-4128 or fill out our contact form to arrange a no-cost consultation.
We will be in touch within 24 hours.
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