As the largest and most populous city in Orange County, Santa Ana has a lot to offer to visitors and residents alike. Unfortunately, the city also has a lot of hazards, including negligent drivers on the roadways, dangerous features found in commercial, public, and residential buildings, and more. While those who are injured in California as a result of these hazards can seek compensation from an at-fault party through the personal injury claims process, is there a process available for the family members of someone who died as a result of someone else’s negligence to use to obtain compensation for the expenses and impacts of their loss?
The California wrongful death claims process is what family members can use to obtain compensation for their loss. This process is very similar to the personal injury claims process and often is just as complex. An experienced Santa Ana wrongful death lawyer from Kash Legal can guide you through this process and provide services to make it easier for you during this difficult time.
How Does Wrongful Death Occur in Santa Clarita?
Wrongful death occurs in Santa Ana when an individual’s careless, reckless, or even intentional act causes the death of someone else. Some of the types of accidents that can give rise to a wrongful death claim include:
If you lost your loved one due to any of the above-listed causes or others that you believe were the result of someone else’s carelessness, recklessness, or an intentional act, a Santa Ana wrongful death lawyer can evaluate your case for free and let you know if you’re eligible to seek compensation through the wrongful death claims process.
Who Can File a California Wrongful Death Claim?
In some states, a personal administrator or executor of the decedent’s estate must file a wrongful death claim in order to seek compensation for the benefit of the decedent’s surviving family members. However, California allows these claims to be filed directly by the family members, without the need of a named or appointed executor.
Family members and others who were financially dependent on the deceased individual are eligible to file a claim. This includes the deceased’s spouse or domestic partner, their children, or grandchildren (if the deceased’s child is also deceased). If the deceased did not have a spouse, domestic partner, or children, their parents or siblings may be eligible to file the claim. Other family members that may have the right to file a wrongful death claim in Santa Ana include the deceased’s putative spouse, stepchildren, or legal guardians of a deceased juvenile.
How Long Does a Claimant Have to File a Santa Ana Wrongful Death Lawsuit?
When someone dies as a result of another party’s negligence or intentional act, wrongful death compensation is first sought through a claim filed against the at-fault party’s relevant liability insurance policy. For example, a claim for the family’s compensation after their loved one died in a car accident would be filed against the at-fault party’s auto liability policy. Deaths stemming from premises liability matters could be filed against the at-fault party’s homeowner’s, renter’s, property, or business insurance policy. If the insurance provider who services this policy fails to compensate the claim, it can be filed as a wrongful death lawsuit.
All states have what is known as a statute of limitations on certain types of claims. In California, the statute of limitations on wrongful death claims is two years from the date on which the death occurred. This is an extremely important date for claimants to be aware of, as failing to file the claim before the statute of limitation expires will most likely result in the loss of the claimant’s right to use the court process when seeking compensation for the wrongful death. Without the ability to sue, the claimant will usually be unable to garner a settlement from the insurance provider as there are no longer legal consequences for their failure to pay the claim.
The Type of Compensation Available in Santa Ana Through the Wrongful Death Claims Process
Santa Ana wrongful death claimants can seek compensation for both the financial costs of their loss, as well as the psychological costs. Some of the types of expenses and impacts that commonly appear in wrongful death claims include:
- The cost of the deceased’s final medical expenses
- The cost of a funeral service, and burial or cremation
- The value of household services that were provided by the deceased
- Loss of the financial support that the deceased provided to their family members
- Loss of gifts that the deceased’s family members could have expected to receive from the deceased
- Loss of society, comfort, companionship, protection, affection, moral support, and guidance provided by the deceased to family members, as well as the loss of sexual relations experienced by their spouse or domestic partner
It should be noted that punitive damages are not available in California wrongful death claims.
Contact Kash Legal to Speak With a Santa Ana Wrongful Death Attorney
Losing someone as a result of another’s carelessness, recklessness, or intentional act is among the most psychologically devastating circumstances a family can endure. If the deceased was a primary earner for the household, their loss can have traumatic financial consequences for the family as well. The Kash Legal team of Santa Ana wrongful death attorneys is dedicated to fighting on behalf of our clients to obtain the compensation their family needs to begin moving forward after the loss.
Let our experienced Santa Ana wrongful death lawyer help you understand the wrongful death claims process and the services we can provide to help you navigate the complexities of it. For your free case evaluation, contact us online or by calling (888) 527-4128.
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