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Nothing strikes at the heart like the death of a loved one. In some cases, the death would never have happened except for the negligence, recklessness, or bad action of an individual or entity. California law entitles you to compensation if you have lost a loved one because of unjust circumstances.
Nordean Law specializes in California wrongful death lawsuits, ranging from traffic accidents to medical malpractice to workplace accidents. Success in a wrongful death case requires establishing liability through a thorough investigation, painstaking legal work, and aggressive courtroom representation. Nordean Law works tirelessly to get our clients the justice they deserve. And when we win our client’s cases, we pay them.
California Code of Civil Procedure 377.60 CCP, also known as California’s wrongful death statute, provides the basis for family members to bring a wrongful death action against allegedly liable parties. Eligible plaintiffs include the following:
To prevail in a wrongful death claim, plaintiffs must show that the defendant(s) caused or contributed to the decedent’s death through negligence, recklessness, or intentional actions.
For instance, a hospital administering a medication that triggered a deadly allergic reaction may face a wrongful death claim based on negligence. A driver who caused a fatal accident by speeding, weaving in and out of traffic, and tailgating may face a wrongful death claim for recklessness. Violent actions that result in death often bring about criminal charges and a wrongful death lawsuit.
Wrongful death claims require establishing the defendant(s) duty of care, breach of that duty, and that the breach resulted in the death. Often, defendants attempt to deflect blame from themselves by raising doubt as to the cause of the accident or even blaming the victim. Nordean Law’s Costa Mesa personal injury lawyers know how to combat these strategies and keep the focus on the negligence, recklessness, or bad actions of the defendant.
If another caused the wrongful death of your loved one, you need an expert in wrongful death litigation to establish your claim, investigate the circumstances, and represent you in court. Wrongful death claims must meet specific standards of proof according to California law. Your wrongful death attorney will construct a case that meets these requirements and negates the defendant’s attempts to conceal or minimize responsibility.
Wrongful death claims can emerge from a variety of situations. Under California law, a claim for wrongful death exists when a person dies because another individual or entity breaches a duty of care. Common types of wrongful death include the following:
The defendant(s) have a duty of care in all these examples. For example, drivers must obey traffic laws and proceed with due caution; doctors must follow medically sound processes and work in their patients’ best interests; employers must comply with workplace safety standards and protect their employees.
A duty of care must have been breached for a wrongful death claim to succeed, and that breach must be, at least in part, the cause of the death.
Legally speaking, wrongful deaths occur when a person or entity breaches a duty of care, and that breach causes tragedy. The breach can occur because of negligence, recklessness, or intentional action.
Vehicle accidents rank as one of the more prevalent forms of wrongful death. All drivers have a duty of care, and this duty is all too frequently breached. A typical car accident involves an individual driver who caused an accident through negligence, such as failing to watch the road. Other vehicle accidents result from recklessness, such as aggressive driving. Also, intentional actions, such as road rage incidents and drunk driving, are common causes of wrongful death.
Most medical malpractice claims result from negligence. A doctor or other medical professional performed their job poorly, resulting in wrongful death. Many workplace accident fatalities also occur because of negligence. Failure to follow OSHA requirements, for example, is a common cause of wrongful death.
After losing a family member, it’s difficult to fathom what you must do to protect your legal claims. However, it’s essential to lay the groundwork for your wrongful death claim so you can receive justice.
The following steps protect your legal rights:
If you believe a wrongful death occurred, report the matter to the proper authorities. For a traffic accident, this starts with law enforcement. For medical malpractice, it begins with the hospital administration.
Wrongful death cases are a particular type of personal injury law. This type of claim has its standards, and you need an experienced advocate to establish your case, negotiate with the opposition, and represent you in court.
Keeping notes of what occurred can make the difference between a solid case and one where the defense benefits from wiggle room. Creating a chronology of events and sharing it with your attorney prepares your case and ensures no key details are missed.
Wrongful death investigations uncover the negligent, reckless, or intentional actions that caused the death of your loved one. If you believe another’s wrongful acts killed your family member, contact a wrongful death litigation specialist to begin an investigation into the incident. The litigation process gives your legal team the tools needed to get to the bottom of the tragedy.
Common types of wrongful death investigations include the following:
Medical malpractice investigations review medical evidence to uncover negligent and improper medical practices.
When a loved one dies from a work-related accident, the cause is often negligent workplace safety practices. Industrial accident investigations determine what occurred and who is responsible.
Products that are used as intended should never cause injury or death. Investigations into product liability determine how the accident occurred and where the flaw in the product existed.
Nordean Law specializes in California wrongful death lawsuits, ranging from traffic accidents to medical malpractice to workplace accidents. Success in a wrongful death case requires establishing liability through a thorough investigation, painstaking legal work, and aggressive courtroom representation. Nordean Law works tirelessly to get our clients the justice they deserve.
Wrongful death claims settle anywhere from thousands to millions of dollars. Several factors weigh the case’s value, including financial losses to the family, intangible impacts, such as lost relationships and grief, and the amount of blame a court is likely to assign to the defendant(s).
Financial losses can include the following:
Intangible losses are harder to quantify but often worth much more than the financial losses, including the following:
The court may reduce the total damages if it finds the victim contributed to the accident. For instance, if a wrongful death claim results in $500,000 in damages and the court find the victim 10% responsible, it reduces the award to $450,000.
Sam Nordean has made a commitment to helping victims get back what was taken away from them. He fights for people that are injured and can’t fight for themselves.
“Going to court or negotiating a settlement is not akin to my client winning a lottery ticket. It’s about balancing the scales; it’s what they’re owed.”
Sam Nordean
If you have lost a loved one because of another’s negligence, recklessness, or intentional action, contact Nordean Law’s Costa Mesa wrongful death attorneys.
We’re proud to have helped countless clients across California achieve justice and compensation.
"After my car accident in Irvine, I didn’t know where to turn. This team took care of everything, from dealing with insurance to getting me a fair settlement. Highly recommend!"
"I was injured in a truck accident on the freeway near Riverside. They fought hard for me and won my case in record time. Professional and caring every step of the way."
"Nordean Law is working in my injury case and can't thank them enough. Sam and his team have been reaching and keeping me informed with all pending matters. I appreciate that because with all that is currently going in right now, I need some stress off my shoulders. Thank you Nordean Law!!!"
"The best lawyer in the area! He and his team will take great care of you. They are very good with taking questions and answering them without lying to you. I will use Sam and his firm for any cases I might encounter. Highly recommend!!"
"If you are worried about your claim you should contact Nordean Law. Sam Nordean and his team are not only true professionals with integrity, but also sincerely care about their clients well being and state of mind throughout the process."
