If a person’s death is caused by the negligence of another party, his or her family may be entitled to receive compensation for damages incurred. These deaths can be caused by a variety of reasons stemming from negligence, and it is often in a person’s best interest to seek the assistance of a wrongful death attorney in weighing out the options of presenting a lawsuit to the negligent party for damages and expenses incurred.
Things to Consider when Faced with the Decision to bring about a Wrongful Death Lawsuit
Generally, two situations must be considered when a person is considering bringing about a wrongful death lawsuit to a potentially negligent party. These factors will greatly impact a person’s likelihood for a successful case, and these factors include:
- Proof that the death in question was the direct result of negligence by the other party
- A person must have had to suffer provable financial difficulties as a direct result of the accident
In order to successfully win a wrongful death lawsuit case, a person must first be able to prove that their loved one’s death was directly caused by the negligence of the person they are bringing the lawsuit against. The death could have been the result of an automobile accident, medical malpractice, a premises liability case, or any other number of different situations, but the party who is bringing forth the lawsuit must have reasonable evidence that the other party can be held responsible before the lawsuit has the potential to be successful
Also, the person who is bringing forth the lawsuit must be able to prove that they have experienced measurable financial responsibilities that are a direct result of their loved one’s death. These expenses can be due to medical bills, lost wages, future income, pain and suffering, a loss of benefits, or many other factors, but these damages must be provable in court in order to have a reasonable chance at being awarded the desired lawsuit settlement amount.
Wrongful Death Lawsuits and Punitive Damages
Punitive damages are monies awarded to the plaintiff when the court feels it is necessary to make an example of or punish a defendant for their significant negligence. The amount awarded in these damages can vary as greatly as the circumstances for the lawsuit and it is always recommended that any person who wishes to file a wrongful death lawsuit speak to their attorney about these damages prior to their day in court.
Common Causes of Wrongful Death Lawsuits in Orange County
One common cause of wrongful death lawsuits in the region of Orange County is defective products or accidental poisoning. These wrongful death cases are due to a person using a product or medication that has proven to be defective, resulting in their wrongful death. These cases will also fall under product liability laws in the state, and it is not uncommon for the effected parties to receive compensation to cover the damages from the wrongful death experienced.
Work related accidents are also common in wrongful death lawsuits in Orange County and around the United States. These work related accidents could be due to a particularly dangerous job, or negligence on the employer or property owner’s behalf, but these accidents are unfortunately common. Some industries that see the most of these wrongful death lawsuits are construction, manufacturing, and transportation. Transportation work related accidents are by far the most common in terms of wrongful death lawsuits, with those transporting goods for business purposes being most in danger of falling victim to one of these situations.
Intentional acts such as murder or assault resulting in a death are also not rare in terms of wrongful death lawsuits. These cases will also often involve criminal charges being pressed against the offending party or parties, while the remaining family of the victim may still find themselves eligible for compensation due to damages.
Negligence in vehicular accidents is often cited in cases of wrongful death lawsuits, and the plaintiff must be able to prove that the other party in the accident’s negligence was the cause of the situation. If this negligence can be proven, the offending driver may have to award damages to the victim’s family to cover medical expenses, emotional damages, and lost potential wages.
Damages Usually Awarded in California Wrongful Death Cases
The damages typically awarded to the families bringing about a wrongful death lawsuit in the state of California will cover the medical expenses and funeral costs of their lost loved one. However, other damages such as lost potential earnings, pain and suffering, or punitive damages may be able to be sought if the family should choose. These additional damages can help to keep a family afloat and help to cover other ongoing expenses.
The Importance of a Wrongful Death Attorney
The presence of a wrongful death attorney is important for families who want their wrongful death lawsuits to prove successful. A wrongful death attorney will be able to accurately assess the situation and lead the family in the right direction with their case to maximize their wrongful death lawsuit settlement. Also, the right attorney can help the family to determine if they have enough evidence to create a case worthy of going to trial by weighing out all evidence involved in the situation. Wrongful death lawsuits in the region of Orange County are important to the families of the victim, as they help to cover the expenses incurred by the accident, and these lawsuits should always be represented by a skilled attorney at law.