Huntington Beach Wrongful Death Lawyer

When a family member dies in an accident, survivors often search blindly for answers. They want to know what happened and why, as well as who is accountable for the death. Many also hope their loved one receives justice.

In California, certain family members might qualify for compensation in a wrongful death claim. This is a civil type of lawsuit, not criminal. Its object is to obtain monetary damages for surviving family members to cover the losses they will suffer due to the untimely death of a close family member.

This probably sounds like a complicated legal claim—and it is. Helpfully, family members are not left to their own devices. You can hire an experienced Huntington Beach wrongful death attorney to represent you. Call El Dabe Ritter Trial Lawyers today to schedule a free consultation with a member of our office. Below, we cover some of the basics of these legal claims and identify why we are the right firm for you.

When is it a Death Wrongful Death

Wrongful deaths can be intentional or accidental. The key is whether the defendant’s actions were wrongful so that they have liability under the law.

Most wrongful deaths are caused by:

• Negligence, such as distracted driving or defects on property
• Reckless conduct, including drunk driving
• Strict liability cases involving defective products
• Professional negligence cases, such as medical malpractice, where the defendant violates the acceptable standard of care
• Intentional acts, including assault and homicide

You might not know in the immediate aftermath whether you have a valid lawsuit. Call El Dabe Ritter Trial Lawyers. Our legal team can discuss what you know about the incident that claimed the life of your loved one. We might also need to learn more facts before we can reach a conclusion about the strength of your case. It’s always better to start as soon as possible researching legal issues.

Filing a Wrongful Death Claim

California has complicated rules surrounding who can file a wrongful death claim. You can find the statute at the California Civil Procedure Code § 377.60:

• The estate’s personal representative also called the “executor.” This is the person with legal responsibility for shepherding the estate through probate. Look at the will to see who was appointed. They can file a wrongful death lawsuit.
• A surviving spouse or registered domestic partner.
• The surviving children of the deceased or, if a child is dead, then their children (the deceased’s grandchildren).
• If no surviving spouses or descendants, then anyone would be entitled to property through intestate succession. Parents and siblings usually qualify under this definition—but only if there is no surviving child or spouse/domestic partner.
• In certain cases, other people who were financially dependent on the deceased.

Let us review whether you are the appropriate person to file this legal claim. If not, we can identify which family member has the right. We have a grasp of the underlying law like few other law firms, and we are eager to help during this difficult time.

Is This a Criminal Case?

No. Many people are confused about this fact.

Wrongful death cases are civil claims. Some wrongful death cases might be based on crimes, such as manslaughter or murder. But others are based on simple mistakes, like driving while fatigued. Drowsy driving rarely rises to the level of a crime, but it is the type of negligence that warrants a wrongful death case.

Civil cases differ in other respects:

• The standard of proof is lower in a wrongful death case. We only need to prove liability. That is, we must show it is more likely than not the defendant is responsible for the death. In criminal trials, the state must prove a defendant is guilty “beyond a reasonable doubt”—which is a much higher standard.
• The defendant will only pay compensation if they are found liable. That’s the only consequence. They don’t go to jail or get put on probation, which often happens in criminal cases.
• The state files criminal charges, but families file their own wrongful death cases. You should definitely hire a lawyer to represent you. As mentioned below, you must meet certain deadlines.

Wrongful death is a special type of legal claim, so it’s vital to hire an attorney experienced in wrongful death cases in Huntington Beach.

Financial Compensation for a Wrongful Death

Losing a spouse or child is traumatic. Many people cannot recover. Their lives are permanently altered. In this context, it might feel insulting to talk about money “making up” for losing a loved one.

Nonetheless, the object of a civil wrongful death claim is to obtain financial compensation from the defendant. Losing a loved one causes certain out-of-pocket financial losses, which you should not have to shoulder when someone else is at fault. There are also emotional shocks that people suffer. Money can’t make up for them, but it’s what a court can order a defendant to pay.

In California, wrongful death plaintiffs can seek economic and non-economic damages.

Economic damages cover:

• Funeral and burial expenses
• Gifts or benefits the deceased would have provided you
• Financial support the deceased would have provided you
• The value of household services the deceased provided

For example, a stay-at-home mom might have died in a car accident. Her husband and children are losing her services, including childcare, cooking, cleaning, laundry, and other chores. The family can seek financial compensation for the value of those services.

Similarly, a mother who is a lawyer might die when she slips and falls inside a store. Her family is counting on her income as a lawyer for the next several decades, and they should not lose out on it. We can calculate how much your family has lost and request the defendant pay you.

We also seek compensation for non-economic damages:

• A spouse’s loss of intimacy with their husband or wife
• Loss of guidance from the deceased
• Loss of comfort, companionship, care, protection, and moral support

Although not economic in nature, these are some of the most painful losses our clients suffer. Losing a father means a young child loses out on the support and guidance he would have provided, as well as his love and affection. We can seek compensation for non-economic damages like these.

Why El Dabe Ritter Trial Lawyers?

If you lost a beloved family member, you have our condolences. We highly recommend calling our firm for a free consultation in a compassionate setting.

Countless lawyers in Huntington Beach claim they can help with a wrongful death case. But we have a proven record of success.

We know the critical importance of evidence. To succeed, we need to show the defendant’s actions were wrongful under the law. We also need to establish causation—that your loved one died due to the defendant’s actions.

While you grieve, we can begin assembling the factual basis of your claim:

• Interviewing witnesses and reviewing physical evidence
• Analyzing medical records and working with experts to understand the cause of death
• Reviewing the most recent court decisions regarding negligence or wrongful death
• Creating exhibits or expert witness reports

Once we have reconstructed what happened, we can approach the defendant and demand compensation. We can argue they are liable for the death and then point out how much they owe our clients. When defendants refuse to settle, we’ll go ahead with a lawsuit.

Many defendants have an incentive to come to the bargaining table in good faith. If they let a case go to trial, then the jury has control over how much to award a victim. We have obtained many favorable settlements that cover both economic and non-economic damages.

Our lawyers are not afraid to litigate, however. That’s why we are named El Dabe Ritter Trial Lawyers. We know our way around a California courtroom, and we are always prepared to vindicate your rights before a judge. The good news is that a trial isn’t often necessary.

Wrongful Death Deadlines

Despite your grief, family members need to stay on top of approaching deadlines. The reality is that California gives you only two years to file a wrongful death lawsuit in court. The clock starts the day your loved one died. If you miss the deadline, then you will probably lose the ability to sue or hold the defendant accountable in any way.

Avoid this unfortunate consequence. Reach out to an attorney no matter how much time has passed.

Get the Help You Need Today

Wrongful death cases are enormously complicated, and families benefit from our sure-footed legal assistance. Call El Dabe Ritter Trial Lawyers today. An attorney with our firm can provide insight into your legal rights and what steps you should take to prepare. If hired, we can also gather the necessary evidence and preserve it for negotiations.

To find out more, please schedule a free consultation with our law firm. You can meet with a compassionate attorney to get answers to your questions and obtain a preliminary estimate of how much your case might be worth.

Call El Dabe Ritter Trial Lawyers today, (714) 536-9366. We offer no-risk consultations without charge. We also never charge a fee unless we win financial compensation for you.

Our Huntington Beach Office

1120 Pacific Coast Highway

Huntington Beach, CA 92648

Phone: 714-536-9366