ORANGE COUNTY WRONGFUL DEATH LAWYER
Regardless of the circumstances, there is nothing more devastating than losing a loved family member. It is all the more tragic when this death occurs as the result of an accident or malicious act and when the victim died in the prime of his or her life at a time when others, including spouses, children, and even parents, depended on the deceased for their emotional and financial support.
What gets considered to be a Wrongful Death?
- Car Accidents
- Commercial truck accidents
- Pedestrian accidents
- Motorcycle accidents
- Bicycle accidents
- Hazards on property
- Defective products
- Workplace accidents
- Fatal burns
- COVID-19 nursing home deaths
An Orange County Wrongful Death Lawyer can be hired after someone is killed by another party’s negligence, misconduct, or illegal activity. Generally, surviving close family members will have the right to make a claim for damages in such cases.
Wrongful death claims often rely on evidence from a criminal conviction to prove the liability of an at-fault party. However, it is not always necessary for the liable party to be guilty of a crime. Take O.J. Simpson, for example. He was not convicted of murder, but he was later found liable in civil court for the wrongful death of the individuals he was accused of killing.
Eligibility For a Wrongful Death Claim
Generally, only close family members can bring a wrongful death lawsuit. However, because there are other possible parties who may be eligible for a claim in certain circumstances, it’s important to review your case with a qualified Orange County Wrongful Death Lawyer. An experienced wrongful death attorney can evaluate your relationship with your loved one and help determine whether you have a valid legal claim.
California’s wrongful death statute permits the following surviving relatives to bring a wrongful death action:
- A spouse or domestic partner
- Children
- Other heirs, such as parents or siblings.
- The personal representative of the person’s estate
Additional people may also have the right to bring wrongful death lawsuits if they depend financially on the deceased person.
Such people include:
- A putative spouse or a putative spouse’s children (Putative spouse means someone who believed that he or she was married to the deceased person, even though the marriage was not valid)
- Stepchildren
- Parents
When To Call an Orange County Wrongful Death Lawyer in Southern California?
The death of a loved one is always a tragedy, but it will only qualify a family for a civil lawsuit in certain circumstances. First, the death must meet the state’s definition of wrongful death. California Code of Civil Procedure section 377.60 defines wrongful death as a death from another person’s criminal act or neglect. You will only have grounds for a claim if someone else caused or substantially contributed to your family member’s death, such as a drunk driver or negligent doctor.
Second, you must be within your statute of limitations. In most cases, you have two years from the day your loved one died to bring a wrongful death claim. If you miss this deadline, a lawyer may be unable to help you. The courts in Los Angeles generally refuse late patients on principle, with few exceptions. If you are not sure whether you have missed the deadline to file your claim, speak to a wrongful death attorney for assistance.
A wrongful death lawyer will understand how to handle your claim to maximize the odds of success. Call an attorney if your loved one lost their life in an auto accident, workplace accident, fall, animal attack, an act of violence, or another circumstance that could point to someone else’s fault. If applicable, a lawyer can review your case for signs of wrongdoing and help you bring a claim forward.
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Testimonials
belouse calixte2023-02-09My spouse and I were in a car accident and worked with Garcia & Phan to get help with the insurance process. We never had to wait to talk with them, and our questions were answered right away. We were extremely happy with the service we received and our settlement. We felt like they cared about doing the best they could for us, and we highly recommend them.
Ronald Beaubrun2023-02-09My attorney was Mr. Juan, and he was nothing short of amazing. He called me and kept me in the loop of everything so I would always know what was going on with my case. And for the things I didn’t understand, he made sure she put it into terms where I could. I would definitely recommend them & their services.
Jean nelo2023-02-09Garcia & Phan were absolutely amazing! I would highly recommend them to anyone. I was always kept up to date on my case, and when I needed a question answered or funding help, they never hesitated. If I could give more than 5 stars, I would.
Peter Obrien2023-02-08I got in a car accident and sustained pretty serious injuries. My family thought it would be wise to get me a lawyer, and I was assigned to Mr. Robert. It was my first experience with this, and they were able to get me a good sum after all my medical bills were paid. So I’m satisfied and would recommend them.
Peter Exalien2023-02-08I had a very pleasant experience working with Garcia & Phan. They took care of everything right from the beginning making the time after my car accident much less stressful. They were very professional and answered all of my questions along the way. I would definitely recommend them.
Elourde Monthelus2023-02-08Garcia & Phan are awesome! They both were very caring and compassionate about my situation. The amount of time and work they put into my case to ensure I would have the best outcome possible is unbelievable. There are just not enough positive things that I can say about them to serve this review. I am so thankful to have them on my side.
Patrick Fils2023-02-07Garcia & Phan did an amazing job with my case. The results came quickly, and I was able to move on from my accident very quickly. Very good with communication about the case and information and gave me great advice. Thank you, guys, for your hard work.
Terry Reyes2023-02-07There are not enough words to thank the amazing team of Garcia & Phan for their amazing work on my personal injury case. They made the process smooth, manageable, and always responsive and easy to talk to. I highly recommend both of them to anyone. Thank you for all of your hard work!!
Resilienne Estime2023-02-07Ms. Robert went above and beyond for me, and if I ever need your services again, I hope to get the same legal team. Ms. Robert was kind and friendly to me throughout the whole process.
Twams Swain2023-02-06They took care of me and contacted me directly, which is much better than what other lawyers did, and they ensured I was taken care of. I feel like Mr. Robert really fought for me, and he or his paralegal was always available whenever I had questions or whenever I didn't understand something.
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Yes. In most instances, we quickly arrange for a rental car for you so you can get on with your normal activities, and we make sure you get the car you need. Do you have a case?
Like any other profession, the quality of legal services varies tremendously from one lawyer to the next. Some top attorneys are barely competent others are outstanding leaders of the legal community. These days, clients can use the Internet to obtain information about a prospective lawyer. Internet searches can provide information on the attorney’s experience and trial results. I provide information about my actual results on this website so prospective clients can make the best decisions when hiring a lawyer and feel comfortable that the Garcia & Phan Law Firm has proven experience and results.
NO! Our office policy is straightforward and clear: We Don’t Get Paid Unless You Get Money from the Insurance Company! This means that if we don’t get you some monetary recovery, you will not owe us any fees. It’s as simple as that. No money upfront and no hourly fees. This policy allows us to aggressively fight for the maximum recovery for you and your loved ones. No matter how long the case takes, we will be there fighting for your rights.
Yes. If you have lost earnings or have lost the ability to earn money in the future as a result of your accident, our trusted attorneys fight aggressively to get all of the money you have lost back for you.