Orange County Wrongful Death Lawyer

Tragically, wrongful deaths occur all too often in Orange County. Every day, innocent individuals are killed or injured as a result of preventable accidents caused by reckless experts, dangerous work conditions, negligent property owners or pedestrians, and defective goods. If your loved one has died due to someone else's negligence or wrongdoing, you may be eligible to file a wrongful death claim.

No amount of money can ever make up for the loss of a loved one, but filing a wrongful death claim can help ease the financial burden your family is facing. It can also hold the responsible party accountable for their actions and prevent others from suffering the same fate

The Peck Law Corp specializes in helping families who have lost a loved one pursue justice. Our Orange County wrongful death lawyers have years of experience handling these complex cases and will fight to get you the compensation you deserve.

What is a Wrongful Death?

Prior to filing a wrongful death claim, it is important to ensure that your case falls within the scope of the description.

Wrongful death is defined as a death that occurs due to the negligence of another person or entity. In order for a wrongful death claim to be successful, the plaintiff must prove that the defendant’s negligence caused the decedent’s death. This can be done by showing that the defendant owed the decedent a duty of care, that the defendant breached this duty, and that the breach resulted in the decedent’s death. If the plaintiff is able to prove these elements, then they may be able to recover damages from the defendant.

Defendants who are found guilty are not necessarily condemned to prison. They are, nevertheless, required to compensate the victim's family and dependents for financial losses such as medical and burial expenses, as well as other damages that apply.

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Types of Wrongful Death Cases

It's critical to choose an Orange County wrongful death lawyer with expertise managing the kind of accident that caused your loved one's untimely death when you're searching for someone to represent your claim in court. Successful representation is crucial to the outcome of your lawsuit. 

Over the years, the legal team at Peck Law Group has gained crucial expertise advocating for families and dependents of victims of many forms of unlawful claims. Although the details and circumstances of these cases differ, they all seek to recover damages for the tortious conduct that caused the deaths of the victims. 

Wrongful death cases come in many different forms. The experienced legal team at Peck Law Corp has a proven track record of success in handling all types of wrongful death claims, including those arising from:

Auto Accidents

Auto accidents are a leading cause of wrongful death cases in the United States. In 2016 alone, they were responsible for over 37,000 deaths, according to the National Highway Traffic Safety Administration. This averages out to over 100 deaths per day. 

There are many factors that contribute to auto accidents, but some of the most common include distracted driving, drunk driving, and speeding. Speed is a factor in about 30% of all fatal crashes, according to the NHTSA. 

Unfortunately, far too many people continue to make dangerous decisions that put themselves and others at risk. If you have lost a loved one in an auto accident, you may be entitled to compensation through a wrongful death claim.

Premises Liability

Premises liability is the legal responsibility that a property owner has to ensure that their property is safe for visitors. This includes maintaining the property in a reasonably safe condition and warning visitors of any potential hazards. If a property owner fails to do this and someone is injured or killed as a result, the owner can be held liable in a wrongful death lawsuit.

Defective Products

A defective product is any item that does not meet the safety standards set by the government. This can include anything from a car to a child's toy. If a defective product results in someone's death, it can be considered wrongful death. 

Product producers and distributors are legally bound to safeguard their customers from any harm or injury caused by the use and consumption of their products. 

In order to prove that a company is liable for a wrongful death, it must be shown that the company knew or should have known about the defect and did not take steps to correct it. If you have lost a loved one due to a defective product, you may be able to file a wrongful death lawsuit against the responsible party. 

Medical Negligence

Medical malpractice is a type of professional negligence by act or omission by a healthcare provider in which the care provided deviates from accepted standards of practice in the medical community and causes injury or death to the patient, with most cases involving medical error. In the United States, wrongful death cases that arise from medical malpractice are some of the most costly and complex litigation matters, due to the high stakes involved. For families who have lost a loved one due to medical negligence, filing a wrongful death lawsuit may be the only way to obtain justice and hold the responsible parties accountable. 

While every state has its own laws governing wrongful death cases, there are some general elements that must be present in order for a case to be successful. First, the death must have been caused by the negligence or wrongful act of another party. Second, there must be surviving family members who have suffered financial damages as a result of the death. And third, the lawsuit must be filed within the statutory time limit set by the state.

Workplace Accidents

Workplace accidents are unfortunately all too common, and can sometimes lead to tragic consequences. If a workplace accident results in someone's death, it may be considered a wrongful death. In these cases, the family of the deceased may be able to file a lawsuit against the responsible parties. 

There are many different types of workplace accidents that can occur. Some common examples include slip and fall accidents, exposure to hazardous materials, and car or machinery accidents. In some cases, the employer may be at fault for failing to provide a safe working environment. For example, if there are known dangers in the workplace that are not properly marked or shielded, this could be grounds for a wrongful death lawsuit.

How to Prove a Wrongful Death Case

It is important that you produce relevant evidence to support your wrongful death claim before you may get compensation. You must also prove that the facts of your case fall within the parameters of negligence theory, including:

Duty of Care

The element of duty of care is central to any wrongful death claim. This is the legal obligation that a person has to take reasonable care to avoid foreseeable harm to others. In order to prove that someone was at fault for a death, it must be shown that they breached this duty of care, and that this breach resulted in the victim's death.

 

There are many ways in which a duty of care can be breached, but some common examples include negligently operating a vehicle, failing to properly maintain dangerous premises, or manufacturing and selling defective products. If it can be shown that the defendant's actions (or inaction) led to the death of the victim, then they may be held liable in a wrongful death claim.

Breach of Duty

There are many ways in which a duty of care can be breached. The most common way is through negligence. This is when someone fails to take the necessary precautions to prevent foreseeable harm from happening.

For example, if a doctor fails to properly diagnose a patient's illness, this could be considered negligence if the patient dies as a result. Other ways in which duty of care can be breached include intentional acts, such as murder, or recklessness, such as driving under the influence of drugs or alcohol.

Causation

In order to prove causation, the plaintiff must show that the defendant’s actions were the direct cause of the death. This means that the death would not have occurred but for the defendant’s actions. The plaintiff must also show that the defendant’s actions were the proximate cause of the death. This means that the death was a foreseeable result of the defendant’s actions. Causation is a complex legal issue and it is important to consult with an experienced wrongful death attorney to determine if you have a case.

Damages

In a wrongful death claim, the element of damages is important in order to recover compensation for the death of a loved one. This includes economic damages such as lost wages and medical expenses, as well as non-economic damages such as pain and suffering and loss of companionship. In some cases, punitive damages may also be awarded in order to punish the party responsible for the death. The amount of damages that can be recovered will vary depending on the specific circumstances of the case.

Contact a Wrongful Death Lawyer in Orange County

Peck Law Corp is dedicated to assisting families and dependents whose loved ones' lives were cut short in obtaining justice for their loss. We think that most sudden fatalities caused by accidents and general carelessness are preventable, and that those who suffer as a result of the consequences deserve fair recompense.

No one should have to go through the pain of losing a loved one due to someone else's negligence. If you have lost a loved one due to the negligence of another, you may be entitled to compensation. The lawyers at Peck Law Corp have extensive experience handling wrongful death claims and can fight for the justice your family deserves. 

If you live in or around the area of Orange County, contact our office today to schedule a free consultation. We will evaluate your case and help you understand your legal options. You shouldn't have to shoulder the burden of this tragedy alone. Let us help you get the justice and closure you need.

FAQs

  • In California, damages for wrongful death may include economic damages such as lost wages and loss of future earnings, as well as noneconomic damages such as pain and suffering and loss of companionship. Punitive damages may also be available in cases where the defendant's actions were particularly egregious. If you have lost a loved one due to someone else's negligence, it is important to consult with an experienced wrongful death attorney to discuss your legal options.

  • In a wrongful death claim, the person or entity (insurance company) who is found to be responsible for the death of the victim will be required to pay damages to the victim's family. This could include money for medical and funeral expenses, as well as lost wages and other damages. If the person or entity responsible for the death is found to be at fault, they may also be required to pay punitive damages.

  • The highest wrongful death settlement on record occurred in May of 2017 and was awarded to the family of a woman who died from complications after routine gallbladder surgery. The settlement totaled $229 million. This is the largest amount ever awarded in a medical malpractice case in the United States.

  • There are a few key pieces of evidence that are crucial in determining whether or not a death was wrongful.

    First, it is important to obtain the deceased person's medical records. This will help to establish what the cause of death was and whether or not there were any preexisting medical conditions that may have contributed.

    Next, it is important to speak to witnesses who saw what happened leading up to the death. These eyewitness accounts can help to piece together what happened and whether or not there was any negligence on the part of another party.

    Finally, it is important to collect any physical evidence that may be relevant, such as clothing or weapons. This evidence can help to corroborate the accounts of witnesses and establish a clear picture of what happened.