Orange County Wrongful Death Cases
By Mitch Jackson and Lisa Wilson at
http://JacksonandWilson.com Wrongful death cases in Orange County, California are tragic and happen too often. Across the United States, there is a wrongful death almost every 5 minutes.
This equates to more than 100,000 children, teenagers and adults sustaining untimely deaths each and every year. As is the case across the country, in Orange County, a majority of the traffic related wrongful deaths involve Orange County teenage drivers between the age of 16-21.
Experienced Orange County wrongful death lawyers bring Orange County wrongful death cases to help provide for the long-term support of the surviving family members. In Orange County California, a Wrongful Death normally involves a claim against an Orange County resident, visitor, or Orange County company who is legally responsible for the death of an individual. The claim is brought by filing a civil action with Orange County Superior Court, usually by close relatives (legal heirs) as provided by California wrongful death laws and statutes.
The Orange County death must have been caused, in whole or in part, by the defendant's wrongful conduct. It must be shown that the defendant was negligent or acted with intentional, willful, wanton or reckless conduct. In some limited instances, a party may even be strictly liable for the death of another without the surviving heirs having to show any wrongdoing by the other party.
Who Can File an Orange County California Wrongful Death Case?
Orange County wrongful death victims are protected by California's wrongful death laws. They permit certain Orange County residents with a designated relationship to the Orange County wrongful death victim, to file a wrongful death claim in the Orange County Superior Court. Although exceptions do exists, in California the following Orange County residents may bring a claim in court in the Orange County Superior Court for the wrongful death of a loved one:
The Orange County California victim's surviving spouse, children, issue of deceased children, registered domestic partner, dependent putative spouse, dependent stepchildren, dependent minors living in the victim's household for at least six months, and dependent parents. If there are no heirs as described above, then the Orange County claimants include those who would be entitled to inherit the victim's estate under the law of intestate succession: Parents, whether or not they were dependent; if there are none, then siblings or children of deceased siblings; if there are none, then grandparents; if there are none, then children of a deceased spouse. If none of these relatives exist, the next of kin may file a wrongful death suit.
An Orange County wrongful death victim's personal representative can also maintain a wrongful death action on behalf of the individuals listed above. A personal representative is a person appointed by the probate court to handle the wrongful death victim's assets, or estate. Please note that Orange County wrongful death victims need not reside in Orange County to pursue a claim. But, if the wrongful death happened in Orange County and the defendant resides in Orange County, then normally the Orange County Superior Court is the proper "venue" to file the Orange County wrongful death case.
What is the Difference Between an Orange County Wrongful Death Case and a Survival Action?
In an Orange County wrongful death case, which is a separate statutory cause of action in California, the specified Orange County heirs are entitled to recover damages on their own behalf for the unique loss they have sustained by reason of the victim's death in Orange County. Orange County wrongful death damages are not part of the Orange County victims estate.
Proving the elements of an Orange County wrongful death case are much the same as in a Orange County personal injury case.
Available damages, depending on the evidence, may include economic damages such as financial support the Orange County decedent would have contributed to the family during the lifetime of the decedent or the plaintiff; loss of gifts or benefits that the Orange County plaintiff would have expected to receive from decedent; funeral and burial expenses and the reasonable value of household services that Orange County wrongful death decedent would have provided.
Non-economic damages include may include a loss of wrongful death victim's love, companionship, comfort, care, assistance, protection, affection, society, and moral support; a loss of the enjoyment of sexual relations and the loss of decedent's training and guidance.
In a Orange County survival action, the cause of action "survives" the death of the person and passes to the person's successor in interest, who could be a surviving family member or the personal representative of the estate. Damages recoverable are limited to the loss or damage that the Orange County decedent sustained or incurred before death, including any penalties or punitive damages that the decedent would have been entitled to recover.
This might include damages personal to the decedent, such as medical expenses, and lost wages. However, believe it or not, damages for pain and suffering are not allowed in survival actions.
In some cases, punitive damages are recoverable in a survival action if the Orange County victim survived the accident, however briefly, or if the property of the victim was damaged or lost before death. The only time the elements of survival or property damage are not necessary to obtain punitive damages is when the Orange County wrongful death resulted from a homicide for which the defendant has been convicted of a felony. In many cases, the survival action may be joined with the Orange County wrongful death claim and litigated at the same time.
Another distinction in an Orange County wrongful death case is the statute of limitations period, which in a survival action runs for two years from the date of the injury, or for six months after death, whichever is later. An action for Orange County wrongful death, in contrast, must be brought within two years from the date of death. An Orange County wrongful death action may be joined and tried together with a survivor action when both actions arose out of the same wrongful act.
What Damages are Available in an Orange County California Wrongful Death Case?
When a person dies in Orange County due to the negligence of another, the surviving family members may pursue a claim for wrongful death. Proving the elements of an Orange County wrongful death case are much the same as in a Orange County personal injury case.
The main difference is the type of damages sought. In an Orange County wrongful death case, the Orange County plaintiffs are the surviving family members, and they are claiming damages caused to them as a result of the death of their loved one. Therefore, damages that can be pursued in the Orange County Superior Court, that were personal to the decedent, such as medical expenses, lost wages, and pain and suffering, are not available. However, different types of economic and non-economic damages are available.
Economic damages in an Orange County wrongful death case are recoverable and include: financial support the Orange County decedent would have contributed to the Orange County family during the lifetime of the wrongful death decedent or the plaintiff; loss of gifts or benefits that plaintiff would have expected to receive from wrongful death decedent; funeral and burial expenses reasonable value of household services that decedent would have provided to his or her loved ones.
Non-economic damages relating to an Orange County wrongful death case include: loss of decedent's love, companionship, comfort, care, assistance, protection, affection, society, and moral support; loss of the enjoyment of sexual relations; loss of decedent's training and guidance.
In some cases, punitive damages are recoverable in an Orange County survival action if the wrongful death victim survived the accident, however briefly, or if the property of the Orange County wrongful death victim was damaged or lost before death. The only time brief survival or property damages are not necessary to obtain punitive damages is when the Orange County wrongful death resulted from a homicide for which the defendant has been convicted of a felony. In many cases, the survival action may be joined with the Orange County wrongful death claim and litigated at the same time.
An Orange County Superior Court jury is not permitted to consider the grief, sorrow or mental anguish of the heirs, the poverty or wealth of the heirs, or the Orange County wrongful death victim's pain and suffering. Although a loved one who witnessed the death of another may have a separate cause of action for emotional distress.
What is the Standard of Proof in an Orange County Wrongful Death Case?
The standard of proof in an Orange County wrongful death case and across the United States is typically preponderance of the evidence as opposed to clear and convincing or beyond a reasonable doubt. Because proving an Orange County wrongful death case beyond a preponderance of the evidence (slight tipping of scales) is usually easier than a criminal prosecution (beyond a reasonable doubt), most Orange County wrongful death cases are handled in the civil court system.
Are There Any Special Time Limits to Asserting an Orange County Wrongful Death Case?
Yes there are. Time is of the essence in many Orange County wrongful death actions. Preserving evidence and identifying defendants are key factors in many of the underlying accidents involving wrongful death cases. This requires retaining Orange County investigators and Orange County experts to commence investigations and evaluations as promptly as possible. Hiring an experienced Orange County wrongful death lawyer therefore should not be delayed.
Most Orange County wrongful death cases (again normally filed in the Orange County Superior Court), have a strict statute of limitations which means that court proceedings must be properly commenced within a certain period of time after the Orange County wrongful death or the Orange County claimant will lose his or her right to bring an Orange County wrongful death claim.
Can a Person Who Causes the Death of Another Human Being be Prosecuted for Both the Criminal
Orange County Wrongful Death and the Civil Orange County Wrongful Death?
The answer is yes. In some instances in Orange County, a civil and criminal case for wrongful death or murder can both be filed at the same time. For example, a person may be prosecuted criminally for causing a person's death (murder, manslaughter, criminally negligent homicide) and that same person can also be sued civilly in an Orange County wrongful death action. The Los Angeles based OJ Simpson murder and civil wrongful death case is a good example of how this process works.
From a Lawyers Perspective, What Does it Take to Be a Good Orange County Wrongful Death Lawyer?
The first thing you need to know is that it can take many years and many cases before a lawyer "learns" how to properly handle and persuasively argue an Orange County wrongful death case. By their very nature, the available damages in an Orange County wrongful death case are simply not quantifiable through formulas or expert testimony.
The extent of compensation Orange County wrongful death heirs can recover in these types of case relies in significant part on the preparation and artfulness of the Orange County wrongful death lawyers they hire. Convincing juries in Orange County wrongful death trials of the amount to which the Orange County heirs are entitled for these wrongful death damages must be done skillfully through the lawyer's capacity for persuasion and advocacy.
What Happens Next in an Orange County Personal Injury or Orange County Wrongful Death Case?
Good General Overview...
When you or a family member is involved in an Orange County personal injury or Orange County wrongful death case, it's extremely important to act quickly and make smart decisions from the very beginning of your wrongful death case.
In Orange County personal injury case, being examined and properly diagnosed by an experienced and well respected Orange County health care provider shortly after your Orange County accident is important for two reasons. First, making sure you get proper Orange County based medical treatment is important to your short and long-term recovery. Second, it's absolutely necessary in Orange County personal injury cases to have your Orange County doctors properly document (medical records, reports, photographs, x-rays, CT/MRI scans…) all of your injuries and treatment. This record or history will be used to confirm all of your injuries and injury related issues later in the claim, litigation (Orange County Superior Court), or trial process.
Orange County based health care providers such as doctors, orthopedic surgeons, neurologists, physical therapists and chiropractors may be needed to help you recover as fast as possible. Orange County based economists, life-case planners, as well as experts in vocational rehab are sometimes necessary to help calculate, explain and prove your financial losses.
Investigation and Protecting Evidence in Orange County Personal Injury and Wrongful Death Cases
When it comes to investigating the Orange County based personal injury or wrongful death incident that caused your injuries and damages, it's important to keep in mind that evidence can be difficult to locate as time passes. Objects get moved or removed from the accident scene. Skid marks wash away with rain and other evidence such as broken asphalt, walls, and buildings get repaired or replaced. Damage to vehicles may get repaired before being photographed and the memories of defendants and witnesses fade over time (or after being coached by the other side). In some cases these people simply "disappear."
To avoid having this happen to you, photographs and video should be taken and all evidence preserved. Orange County based investigators should be used to talk to and record the statements of the people involved in your incident and to interview all witnesses. This includes witnesses who do not live in Orange County and who may eventually leave the area.
In most cases, Orange County based experts in areas such as accident reconstruction or bio-mechanical engineering should be retained and used to review the facts and help establish liability, force of impact, and damages in your Orange County California wrongful death case.
Claim and Lawsuit Filing Deadlines in Orange County California Personal Injury and Wrongful Death Cases
In almost every personal injury or wrongful death case, you only have a certain period of time to file a personal injury or wrongful death claim or personal injury or wrongful death Orange County Superior Court lawsuit. If you fail to properly file or serve the required legal documents in a timely fashion, you will forever lose your legal right to pursue a personal injury or wrongful death claim or case against the responsible party.
The requirements and time period you have to file an Orange County personal injury or Orange County wrongful death claim against a governmental entity such as a city, county or state is different than when dealing with a private party or company in an Orange County located slip and fall or automobile, motorcycle, or large truck accident case. Orange County medical malpractice cases also have their own unique requirements and limited time periods to take action.
Legal Documents in an Orange County Personal Injury or Wrongful Death Case
Legal documents called claims, pleadings, and motions are normally prepared to file with the Orange County Superior court to protect your rights and maximize your chances of obtaining a full and complete settlement or verdict in an Orange County wrongful death or personal injury case. Settlement demand packages in wrongful death cases based in Orange County are also ³leuiie¹ënecessary to attempt settlement of a case before the need for an Orange County Superior Court lawsuit becomes necessary. Mediation, arbitration and trials are all used to obtain a final decision in a personal injury and wrongful death case that occurred in Orange County, California.
Who Pays in an Orange County Personal Injury or Orange County Wrongful Death Case?
Whe®Yht!cim¯¸ to recovering damages ip most Orange County vyhicle? ¢Iiden?à¢Kses,À®Yt experience?à?jÐâfe!Ccu*| personal injury ann Orange County wrongful death law firms look to the responsible parÅõ'rrqxo?%automobile liability insurance or homeowners insurance. If the person who caused your injuries was employed with an Orange County company (or company based almost anywhere in the world) at the time he or she caused the accident and, was in the scope and course of employment, an Orange County wrongful deÐøi nr+p!?vonal injury claim may also be claimed against the employer company based upon a legal theory of respondent superior (the employer is liable for the wrongful conduct of its employees while on the job).
Other theories of liability in Orange County personal injury and Orange County wrongful death cases may also be reviewed and pursued which might include a dangerous or defective product claim against the manufacturer or a maker of one of the vehicles parts or components (defective brakes, tires, unsafe/exploding gas tank design…).
If the other party has insufficient insurance or no insurance at all, a victim of an Orange County personal injury or Orange County wrongful death may be entitled to bring an uninsured motorist or underinsured motorist claim available against your own insurance company. In these circumstances, Orange County based experts are used to undertake an asset background check to see whether or not there is any real property, bank accounts, home equity, or other significant assets to cover your losses. In many cases where the other Orange County party was either uninsured or insufficiently insured, we've been able to use these techniques to get payment on a large judgment against the other side.
The bottom line is that when it comes to properly handling your Orange County personal injury or Orange County wrongful death case, no settlement should take place and no settlement releases should be signed until you have full and complete answers to all of the above questions and issues. Orange County wrongful death and personal injury cases can be complicated and difficult to handle. Experienced Orange County wrongful death lawyers can make all the difference in the world.
_________________________________________
Several Orange County Wrongful Death Cases That We've Handled
More Orange County wrongful death cases and their outcomes can be found at
http://JacksonandWilson.com The Weekend Family Ski Trip
The family was traveling in Orange County on the 91 freeway towards Riverside. They were happily on their way to Big Bear for a weekend ski trip. It was raining and the 91 highway was wet and slick.
The family vehicle hit a water pocket and lost control. Their van came to rest sideways on the freeway.
Without warning, a semi tractor trailer truck was traveling too fast on the same wet highway and lost control. Unable to stop, it broadsided the family of five. The mother and father were killed instantly. The three children seated in the back of the van survived and are now required to spend the rest of their lives taking care of themselves.
The Afternoon Picnic
In another Orange County wrongful death case, an 18 year-old high school track star and his family decided to cool off and spend a hot summer day at a local private lake in Mission Viejo, California. While swimming, this young athlete experienced severe cramping and drowned.
The lifeguard in the tower was not paying attention and failed to observe this young man in distress. Despite members of the general public viewing what was happening, the lifeguard also failed to notice this young man eventually sink below the surface of the lake until he was told by bystanders. Unfortunately, it was too late. Safety experts found the lifeguard at fault for violating about a half dozen safety policies and procedures.
_________________________________________
Get Your Orange County Wrongful Death Questions Answered Today!
Since 1986, we've truly enjoyed helping people, not big corporations and insurance companies. Our daily focus involves prlÇfcting-¤ne injured, the wronged, and the voiceless, not large businesses that routinely trample, abuse, and exploit the rights of the less fortunate.
Wrongful death and personal injury is what we do-- and we do it well!
Our drive and motivation has always been devoted to leveling the playing field for our clients and families against the self-serving goals of corporate greed and higher corporate profits.
We truly look forward to answering any questions you may have about your Orange County wrongful death case. Please do not hesitate to pick up the phone and give us a call or visit our web site for more help and information.
More About How and Why We Can Help You with your Orange County Wrongful Death Case...
The nationally recognized Orange County based firm of Jackson & Wilson, has been helping victims of personal injury and wrongful death since 1986. Both Lisa and Mitch have received the top "AV" rating for ability and ethics by Martindale-Hubbell and their firm is listed in the prestigious Bar Register of Preeminent Lawyers. They are also proud to be multiple time members of the Million Dollar Advocates Club with membership limited to only those lawyers who have achieved a settlement or verdict of $1,000,000 or more.
More information, case results, and testimonials can be found at the firm's web site at
http://JacksonandWilson.com Call anytime to get your questions answered! Simply dial 800-661-7044
Case Results --- Testimonials --- Awards --- and More at
http://JacksonandWilson.com Facebook:
http://www.Facebook.com/JacksonandWilson.com Twitter:
http://www.Twitter.com/MitchJackson LinkedIn:
http://www.LinkedIn.com/in/mitchjackson Other Social Media Links:
http://jacksonandwilson.com/contact-us/social-media ___________________________
Orange County Wrongful Death Resources (all at our web site and blog):
Three Tips to Help YOU Find a Good Lawyer…
http://jacksonandwilson.com/three-tips-to-help-you-find-a-good-lawyer/ Nine Question You Should Always Ask Every Lawyer You Interview in a Personal Injury or Wrongful Death Case
http://jacksonandwilson.com/nine-question-you-should-always-ask-every-lawyer-you-interview-in-a-personal-injury-or-wrongful-death-case/ Recorded Live Interview- "How to Find, Interview, and Hire a Good Lawyer
http://jacksonandwilson.com/interview-how-to-find-a-good-lawyer/ ___________________________
And just in case you're interested, here's a bit more information about our beautiful Orange County...
Orange County is a county in the U.S. state of California and our county seat is Santa Ana. According to the census, Orange County is the second most populous county in California, behind Los Angeles County and ahead of San Diego County.
Orange County is famous for its tourism, as the home of such attractions as Disneyland and Knott's Berry Farm, as well as several beaches along its more than 40 miles of coastline. It is also known for its affluence and political conservatism.
Orange County also became well known for being the largest US county ever to have gone bankrupt, when in 1994, longtime treasurer Robert Citron's investment strategies left the county with inadequate capital to allow for any raise in interest rates for its trading positions.
Whereas most population centers in the United States tend to be identified by a major city, there is no defined urban center in Orange County. It is mostly suburban, except for some traditionally urban areas at the centers of the older cities of Anaheim, Santa Ana, Orange, Huntington Beach, and Fullerton. There are also several edge city-style developments such as South Coast Metro and Newport Center.
Thirty-four incorporated cities are located in Orange County; the newest is Aliso Viejo, which was incorporated in 2001. Anaheim was the first city incorporated in Orange County, in 1870 when the region was still part of neighboring Los Angeles County.
These cities include the incorporated cities of Aliso Viejo, Anaheim, Brea, Buena Park, Costa Mesa, Cypress, Dana Point, Fountain Valley, Fullerton, Garden Grove, Huntington Beach, Irvine, La Habra, La Palma, Laguna Beach, Laguna Hills, Laguna Niguel, Laguna Woods, Lake Forest, Los Alamitos, Mission Viejo, Newport Beach, Orange, Placentia, Rancho Santa Margarita, San Clemente, San Juan Capistrano, Santa Ana, Seal Beach, Stanton, Tustin, Villa Park, Westminster, and Yorba Linda.
Unincorporated communities include Coto de Caza, Cowan Heights, El Modena, Emerald Bay, Foothill Ranch, Ladera Ranch, Lemon Heights, Midway City, Modjeska Canyon, North Tustin, Orange Park Acres, Rancho Mission Viejo, Red Hill, Rossmoor
Silverado Canyon, Sunset Beach, Trabuco Canyon.
___________________________
More about the Orange County Superior Court...
The Orange County Superior Court of California is a superior court with general jurisdiction to hear and decide any civil or criminal action which is not specially designated to be heard in some other court or before a government agency. As mandated by the California Constitution, each of the 58 counties in California has a superior court.
The locations of the Orange County Superior Court are as follows:
Central Justice Center
700 Civic Center Drive West
Santa Ana, CA 92701
Community Court
909 N. Main St.
Santa Ana, CA 92701
Civil Complex Center
751 West Santa Ana Blvd
Santa Ana, CA 92701
Department CJ1
Orange County Men's Jail
550 N Flower St.
Santa Ana, CA 92703
Harbor Justice Center
Laguna Hills Facility
23141 Moulton Parkway
Laguna Hills, CA 92653-1206
Harbor Justice Center
Newport Beach Facility
4601 Jamboree Road
Newport Beach, CA 92660-2595
Lamoreaux Justice Center
341 The City Drive South
Orange, CA 92868-3205
North Justice Center
1275 North Berkeley Avenue
Fullerton, CA 92832-1258
West Justice Center
8141 13th Street
Westminster, CA 92683-4593
The Orange County superior court is the lowest level of state court in California holding general jurisdiction on civil and criminal matters. Above it (and the other Superior Courts around the State of California) are the six California Courts of Appeal, each with appellate jurisdiction over the superior courts within their districts, and the Supreme Court of California.
As of 2007, the Superior Courts of California consisted of over 1,500 judges, and make up the largest part of California's judicial system, which is in turn one of the largest court systems in the United States.
Superior court judges are elected by each county's voters to six-year terms. California attorneys are allowed to run against sitting superior court judges at their retention elections, and have occasionally succeeded in doing so. Vacancies in the superior courts are filled by appointments made by the Governor.
_________________________________
Orange County Wrongful Death Victims...
Jackson & Wilson, Inc. (Since 1986)
231671 Mill Creek Drive, Suite 150
Laguna Hills, CA 92653
Tel No. 949-855-8751
Toll Free Tel No. 949-855-8752
Web Site (and email contact info)
http://JacksonandWilson.com Northern California
5050 Laguna Boulevard
Suite 112-325
Elk Grove, CA 95758