Losing a loved one is an incredibly challenging thing to have to deal with. We are sorry if you are in this situation. If the negligent actions of another individual or entity caused the loss of life, the team at Fisher & Talwar wants to help. Let a Santa Ana wrongful death lawyer examine the facts of your case and help guide you towards the best route for your family to receive compensation and closure. We are here to help. All you have to do is call us today.

Fisher & Talwar is Here to Help

  • At Fisher & Talwar, we have a substantial track record of success handling complex injury and wrongful death claims throughout California, and we take each case seriously because we know that you and your family need us.
  • Wrongful death claims often present significant complications with insurance carriers, and we know how to deal with them. We will not back down when working on behalf of your family and the estate of your loved one.
  • We believe in continuous and open communication with our clients as the case moves forward, so you always know you can get a hold of a member of our team when you have questions or concerns.

Who Can File a Wrongful Death Claim in Santa Ana?

In Santa Ana, the process of filing a wrongful death claim is governed by California state law, which specifies who is eligible to seek justice and compensation following the tragic loss of a loved one due to another person, company, or entity’s negligence or intentional act. Primarily, the right to file a wrongful death lawsuit is reserved for close family members whom the loss has directly impacted.

The individuals who can file include the deceased’s spouse or domestic partner, children, and, in some cases, the grandchildren if their parent (the deceased’s child) is also deceased. If there are no direct descendants, other family members, such as parents or siblings, can file the claim if they can show they were financially dependent on the deceased. Additionally, any person who can prove they were financially dependent on the deceased, like stepchildren or parents, may also have the right to a claim.

Understanding who can file helps clarify the initial steps families need to take with the guidance of a Santa Ana wrongful death lawyer, ensuring the legal process respects their right to compensation during such a difficult time.

Santa Ana Wrongful Death Compensation

Losing a loved one unexpectedly is an emotionally devastating experience, and while no amount of money can replace a person, compensation in a wrongful death case can provide crucial support during a difficult time. In Santa Ana, the types of damages available in wrongful death lawsuits are designed to alleviate the financial and emotional burden on the deceased’s family. Here are the main categories of compensation that may be available:

  • Economic damages. These are relatively calculable (we can gather receipts, bills, invoices, etc.), and can include:
    • Medical expenses related to the deceased’s final illness or injury related to the incident.
    • Loss of the deceased’s expected earnings in the future.
    • Funeral and burial costs.
    • Loss of any financial contributions, such as benefits or gifts the deceased would have provided.
  • Non-economic damages. These damages are less calculable but equally as important. They are designed to provide:
    • Compensation for the loss of companionship, affection, moral support, and guidance.
    • Damages for the survivors’ mental anguish and emotional distress.
  • Punitive damages. There may be cases where the defendant’s actions were particularly egregious or malicious. When this occurs, punitive damages may be awarded to punish the wrongdoer and deter similar conduct in the future.

Each wrongful death case is different, and the various damages awarded will depend on the circumstances surrounding the loss of life.

In Santa Ana, wrongful death cases can arise from a number of incidents but are unfortunately common as a result of car accidents and truck accidents.

A Santa Ana wrongful death lawyer can help determine the full scope of damages that may be recoverable, ensuring that the family’s financial and emotional needs are adequately addressed.

Time Limit for Filing a Wrongful Death Case

The wrongful death statute of limitations (the time limit established by law) for wrongful death claims is two years from the date the incident occurs. This means that family members or representatives of estates must file these claims within two years from the date of death or likely lose the ability to recover any compensation. There are several different exceptions to the overall statute of limitations that could apply to your situation, and we encourage you to speak to your attorney to see if one of these applies to you.

How Will an Attorney Help Your Claim Move Forward?

Navigating a Santa Ana wrongful death claim can be an overwhelming process during a time of grief. A Santa Ana wrongful death attorney plays a vital role in easing the burden for families and estates of deceased individuals by providing comprehensive legal support. Here are the key steps an attorney can take to help your claim move forward:

  • Investigation and evidence collection. An attorney will conduct a thorough investigation into the circumstances of the death, gathering all necessary evidence, including police reports, medical records, and witness statements. This foundational step is crucial for building a strong case.
  • Expert consultations. Your lawyer may consult with various experts, such as forensic specialists, medical professionals, and financial analysts, to strengthen the case and provide testimony on the cause of death and the economic impact on the family.
  • Handling legal procedures. From filing the lawsuit within the appropriate deadlines to navigating complex legal proceedings, your attorney will manage all the necessary paperwork and court appearances, ensuring that legal protocols are meticulously followed.
  • Negotiation with insurance companies. Attorneys are skilled in negotiating with insurance companies to reach settlements that accurately reflect the full extent of your losses, avoiding the pitfalls of accepting undervalued offers.
  • Advocacy in trial. If a settlement cannot be reached, your attorney will represent your interests in court, advocating passionately on your behalf to secure the compensation you deserve.
  • Emotional support and guidance. Beyond legal assistance, an attorney provides emotional support and clear guidance through the legal process, helping families make informed decisions during a challenging time.

Call a Santa Ana Wrongful Death Attorney Today

If you have lost somebody you love due to the negligent actions of another party, the team at Fisher & Talwar is standing by to help you today. We have the resources needed to handle every aspect of these complex claims, but we should get started as quickly as possible. When you need a Santa Ana wrongful death lawyer, you can contact a member of our team to schedule a free consultation of your claim by calling us at (213) 318-3052 or by filling out our contact form.