When someone passes unexpectedly, it can ripple out and affect families and communities. While a loved one is irreplaceable, the law does its best to compensate the family for their tragic loss. Fortunately, partnering with a wrongful death attorney in Santa Ana, like Vaziri Law, LLP, can help families through the filing process and handle all the legal hoops while the family adjusts to their new normal.all the legal hoops while the family adjusts to their new normal.
Every case is different, but filing a case follows a similar process. Use the following guide as a checklist to learn what an attorney will need from prospective clients to successfully file a wrongful death suit.
Table of Contents
What is a Wrongful Death Suit?
A wrongful death suit is a claim that is filed by the surviving family or dependents of an individual after that person unexpectedly passes away. These cases can only be filed in cases where someone’s negligence was a direct cause for the unexpected passing of the individual. The most common examples are tragic car accidents, workplace accidents, medical malpractice, and even murder.
What Needs to Be Proven Before Filing
Every wrongful death claim requires four things to be proven through evidence.
Who Can File a Wrongful Death Suit?
In a wrongful death case, the immediate family of the decedent can file a claim. If the decedent had other individuals they were financially responsible for, they can also file a claim. However, these claimants must show evidence that the client had a qualifying relationship and financial dependence on the decedent.
Under California law, the eligible parties are:
What is a Putative Marriage?
A putative marriage is a valid marriage that is entered into with good faith with at least one of the partners. However, this marriage is technically invalid due to legal reasons such as a preexistent marriage. A putative spouse is not technically married, but they consider themselves to be married. An example of this would be a co-habiting couple, but one partner is still legally married to their former spouse.
How Long Do I Have to File a Wrongful Death Claim?
Like most personal injury cases, eligible parties have up to two years after the death to file a case. However, there are exceptions to this rule. It’s highly recommended that the filing process starts sooner rather than later.
Starting the process sooner means that evidence is still intact and can be preserved. If families wait until the two-year mark, they risk losing evidence, witnesses, and other important pieces of information that could help maximize their compensation.
Schedule an Attorney Consultation
Schedule a consultation with a wrongful death lawyer. Most law firms offer free consultations to help potential clients figure out if their case is eligible for filing. It’s important to bring forth all the evidence to this meeting to give an attorney an opportunity to fairly estimate a claim.
Interview the Lawyer
When meeting a wrongful death lawyer in Santa Ana for the first time, it’s important to come to the meeting with questions. Clients deserve to work with an attorney they can trust. Trust goes both ways in an attorney-client collaboration, so it’s important for both parties to be forthcoming with evidence and expertise.
Why Hire a Lawyer?
As a client, navigating the legal system without any knowledge can be daunting. The fear of filing paperwork incorrectly can cost someone a case. There’s also the very real situation where if a family is filing a case against a company, the company’s large team of lawyers will drain a family of time and resources with legal obstacles. This can dissuade families from pursuing a case due to their inexperience and lack of legal resources.
However, hiring a wrongful death attorney can help. With their legal expertise, they can easily navigate through common pitfalls that families without attorneys fall into.
Contingency Fees Help Financially Limited Plaintiffs
Before meeting with an attorney, it’s important to know that many law firms work on a contingency fee. This means that a personal injury lawyer will cover case expenses without requiring upfront payment and will collect fees from the settlement amount after a case is finished. Often, attorneys will take 30% of the winnings, but each firm is different.
When meeting with an attorney for the first time, be sure to confirm their payment structure.
Evidence
If there is no evidence, there is no case. Wrongful death cases require detailed investigations into the cause of death and the circumstances surrounding the incident. Not every case is the same, but it’s important to have as much evidence as possible. Some key pieces of evidence that can make a case stronger are:
Identify the Liable Parties
A lot of accidents aren’t as clear cut as most people believe. For example, a crash with a commercial truck can result in multiple legally responsible parties. Using the evidence available and legal knowledge, wrongful death lawyers can determine additional liable parties. Some common parties include:
Calculate the Damages
Attorneys will then use the evidence to calculate economic and non-economic damages. This will give attorneys and clients a compensation estimate to aim for in negotiations with the other parties.
Economic Damages
Economic damages are calculated using receipts from costs the family incurred after the death of the decedent. These costs include:
Non-Economic Damages
Non-economic damages focus on the psychological pain the surviving family goes through as a result of this traumatic event. While monetary compensation will not soothe the pain of losing a loved one, it’s a testament to the loss and an acknowledgement of that pain.
Punitive
In a case where a party was found to be grossly negligent, a court may order the guilty party to pay an additional fee in addition to the economic and non-economic damages. For example, if a company refused to enforce safety standards that led to the untimely passing on an individual, then a company can be penalized for their negligence.
Survival Action
This only applies if the decedent was alive for a period of time after an accident. The longer the decedent was alive and suffering the pain from an injury, the more their estate could be compensated for.
Filing a Case
Once the evidence, liable parties, and damages are identified, it’s time to file a claim. If a claim is filed before a two-year window, or shortened window depending on certain circumstances, then the case may not be accepted. However, if filing alongside an attorney, it’s much more likely your case would be accepted.
Negotiations
In California, personal injury cases are often resolved without ever going to trial. In these negotiations, a retired judge or another lawyer will serve as a mediator to help both sides reach an agreement. This part of the process typically happens many months into a case, but mediation typically takes 1 or 2 days, depending on the complexity of the case.
Trial
In the case of failed negotiations, wrongful death lawyers are prepared to go into formal court and get their clients the compensation they deserve. Depending on the case, a formal trial can take up to a year or 2. Like any other case, if a client does not agree with the decision of the court, they can appeal to a higher court.
If a lawyer believes a client did not get their due justice, they will discuss with their client and weigh the costs and benefits of filing an appeal.
Settlement Funds
After a decision is made, the clients will receive their compensation. These funds are typically awarded a month after a settlement or verdict. At this step, the law firm will take an agreed-upon percentage of the winnings to cover their fees.
Wrongful Death Lawyers Are Here for Their Clients
Filing a wrongful death case sounds intimidating and overwhelming for grieving family members. However, with a wrongful death lawyer in Santa Ana in tow, it becomes a straightforward process, backed by a legal expert and master negotiator. While their attorney manages the case, the family can come together to overcome tragedy.
