Orange County Wrongful Death Lawyer

Maison Law represents the families of wrongful death victims in Orange County. The sudden loss of a loved one seems unimaginable until the day it happens. People who find themselves in this heart-breaking situation are usually at a loss of where to turn, but the Wrongful Death Attorneys at Maison Law are here to help.

We stand up for grieving families and will guide you toward the next steps in the legal process to get the compensation necessary to get your life back on track. Contact Maison Law today for a confidential, no-cost consultation.

How the Wrongful Death Lawyers at Maison Law Can Help

At Maison Law, we explore every avenue of compensation after the untimely loss of a loved one. After a tragedy like this, families are entitled to several forms of monetary recovery. However, insurance companies will overlook or ignore the damages you are owed to minimize their costs.

The legal team at Maison Law pursues the full extent of damages because there is no replacement for the loss of a loved one. We take a personable approach when it comes to recovering damages so we can prevent Orange County families from being taken advantage of or neglected by insurance companies during this difficult time.

The damages we will pursue for victims of a wrongful death in Orange County include:

• Medical bills directly related to the accident injuries from the time of the accident and the decedent’s death.
• Funeral and burial expenses
• Lost income, which includes income from the time of the accident and future lost income they would have earned otherwise
• Loss of household services your loved one used to provide
• Pain and suffering the decedent was exposed to before their untimely death
• Medical bills the decedent may have accumulated
• Loss of consortium

Who Can File a Wrongful Death Claim in Orange County

According to California Code of Civil Procedure 377.60, the following individuals may file a wrongful death lawsuit:

• The deceased person’s spouse or domestic partner
• Children of the deceased, including stepchildren
• Parents of the deceased
• Dependent minors living in the deceased person’s household
• The deceased’s personal representative
• People who would be entitled to the property of the decedent if they did not create a will

If the deceased had no surviving children, parents, or spouse, then those close to the deceased may qualify to file a wrongful death claim. It is important to note that California recently passed Senate Bill 447. This wrongful death law affects the types of damages a victim’s estate can recover in survival action.

Survival action is any personal injury claim the deceased filed or could have filed before their death. This action temporarily allows a survival action to be brought by the victim’s estate to recover non-economic damages. These damages are paid to the victim’s estate and disbursed to the victim’s heirs. Non-economic damages include:

• Pain and suffering
• Loss of consortium
• Depression
• Post-traumatic stress disorder
• Loss of enjoyment of life

Are Damages Different Between Wrongful Death & Survival Action?

While there are similarities between wrongful death and survival action, damages for wrongful death claims can typically only be filed by the surviving spouse, children of the deceased, parents of the deceased, or any other person permitted by law. The types of damages that can be claimed in a wrongful death claim include:

• Loss of household services once provided by the deceased
• Loss of consortium damages for a spouse or domestic partner
• Loss of guidance, care, nurturing, and affection provided by the deceased
• Loss of financial support provided by the deceased
• Loss of inheritance caused by the wrongful death

Survival actions are typically brought forth by the executor of the deceased person’s estate. An executor of an estate is an individual appointed to administer the law will of a deceased person and carry out instructions to manage the affairs. A survival action will provide compensation for matters directly related to the injuries sustained by the deceased up until the time of their death. These include:

• Medical expenses accumulated before their death
• Pain and suffering the decedent suffered prior to passing
• Lost wages between the period they were injured and the time of their death

Proving Wrongful Death in Orange County

When dealing with a wrongful death scenario, it is not always easy to prove fault. In some instances, there are multiple parties involved, as well as comparative negligence. Comparative negligence is when blame is divided amongst multiple parties, as stated within California’s Comparative Negligence Law.

The following are four elements of evidence necessary to prove fault in a wrongful death case:

1. Had an obligation to act with reasonable care: For example, if a person is driving a car or a truck they are expected to follow traffic laws, as well as be aware of other drivers on the road.
2. Breached their “duty of care:” The plaintiff must demonstrate they were owed a duty of care by the person at fault. For example, in a fatal motorcycle accident, the duty of care would have been ignored if another car broke a traffic law and was driving dangerously before the collision.
3. Acted careless or reckless: If the defendant failed to act with a duty of care and caused another’s death, the plaintiff must prove the other’s careless or reckless actions resulted in the loss of their loved one.
4. Damages: The plaintiff must be able to prove they suffered damages due to the loss of their loved one.

What is the Most You Can Sue for Wrongful Death in Orange County?

When it comes to wrongful death claims in Orange County, there is generally no cap on the amount you can receive for wrongful death damages. The only exception is medical malpractice. A wrongful death caused by medical malpractice is capped at around $500,000 after Governor Gavin Newsome signed AB 35 in 2022.

Other than medical malpractice, wrongful death compensation will be determined between defense and plaintiff lawyers, or by a jury. The decision will ultimately be made based on the evidence at hand, the amount of damage done due to the loss of a loved one, and the extent of the insurance policy held by the liable party.

Contact an Orange County Wrongful Death Lawyer

If you’ve lost a loved one due to the careless acts of another, a vehicle accident, or a hazardous condition, the Wrongful Death Attorneys at Maison Law are here to offer our legal support. We understand that no amount of money can replace the loss of a loved one, but we can take legal action against the liable party to recover the costs you’ve been burdened with and financially secure you and your family for the future.

To start the legal process today, contact Maison Law. Our experienced legal team will explain all your options and how we can reach a successful settlement on your behalf.