Accidents in which we lose a loved one can leave behind a trail of devastation, grief, and unforeseen expenses. When you lose a loved one due to the negligent or reckless acts of another person, this can be especially painful. Hold liable parties accountable for the death of your loved one and also fight to obtain compensation for ensuing expenses by working with an Irvine wrongful death attorney. BD&J is the compassionate team of attorneys who California residents can rely on.
What is Wrongful Death?
Wrongful death is the preventable death of someone caused by the negligent or reckless acts of another person, company, or entity. A wrongful death can leave families without the main provider, spouses without their life partners, and children without the guiding influence of a parent.
With a population of more than 320,000, Irvine is a busy city with cars on the move in daily traffic, constant business operations, and more. This unfortunately also creates a higher risk of wrongful death accidents.
What Are Common Wrongful Death Accidents?
Accidents happen every day, but when a person passes away from their injuries, this can further complicate situations for loved ones. Some of the most common wrongful death accidents BD&J attorneys have represented in Irvine include:
Car Accidents
Irvine sees its fair share of traffic through well-known streets like Jamboree Road and Culver Drive, as well as highways like the I-5, SR-55, and more. With daily traffic at all hours of the road, car accidents like head-on collisions, t-bone collisions, and multiple car pileups are inevitable, leading to grave injuries resulting in death. Did you lose a loved one in a car accident caused by a reckless or negligent driver? Consult a BD&J wrongful death attorney today.
Medical Malpractice
Medical malpractice encompasses errors made by health providers or facilities, including surgical errors, misdiagnosis, delayed treatment, birth errors, and more. California is one of the leading states in medical malpractice cases, with more than 12,000 medical malpractice reports in the last decade (NDPB).
Workplace Accidents
Irvine hosts a variety of corporations and companies, which increases the chances of workplace accidents that result in wrongful death. Common workplace accidents include slips and falls, being struck by falling objects, and electrocution or exposure to harmful substances.
Pedestrian Accidents
Pedestrian accidents occur when a pedestrian is struck by a vehicle, ranging from motorcycles to passenger cars, and sometimes larger trucks or buses. Because of the exposure pedestrians face while walking on sidewalks and crossing the street, they often face more serious consequences after these accident types.
Who Can File a Wrongful Death Claim in Irvine?
If your loved one passed away from an accident caused by someone else, the grief can be overbearing. You are not alone, and you most certainly don’t have to pay ensuing expenses from this tragic event out of your own pocket.
Individuals who can file a wrongful death claim in Irvine include:
- The spouse or legally recognized domestic partner of the deceased
- The children of the deceased, whether stepchildren, biological, or adopted
- Parents of the deceased
- Any minor who was financially dependent on the deceased their time of death
- Any heir to the estate of the deceased
In certain circumstances, other people who can file a claim may include the grandparents, siblings, or nieces and nephews of the deceased.
Learn more about your eligibility to file a wrongful death claim by speaking with a BD&J attorney, call today.
Why Should I File a Wrongful Death Claim?
Being overwhelmed by the death of a loved one, especially if they were the sole provider for your family, can alter everything. Filing a wrongful death claim against those whose reckless or negligent acts resulted in your loved one’s death may not be able to undo the events, but it can help alleviate the financial pressure to allow you and your family to fully grieve this untimely loss.
Consider filing a wrongful death claim if:
- Another party was directly responsible for the accident that caused your loved one’s passing
- You are unable to pay for medical expenses or funeral costs as a result of a loved one’s death in an accident caused by someone else
- Another party’s insurance company has denied your claim for compensation in a wrongful death
- You seek to recover some form of compensation for the loss of companionship and care
How Can a Wrongful Death Attorney Help with My Claim?
Dealing with unimaginable loss is painful, and trying to navigate a complex legal system during a wrongful death claim can continue to add to the mental hurdles you face. Working with a wrongful death attorney in Irvine can help.
A wrongful death lawyer can help your claim by:
Gathering Evidence
Attorneys can help gather evidence, interview witnesses who saw the accident unfold, and even produce evidence to aid your claim, such as interviewing expert witnesses who can help in accident reconstruction and attest to the severity of injuries of the deceased.
Negotiating a Fair Settlement
Claim values are unique, and there are a multitude of factors to consider for a fair settlement on your individual case. Wrongful death lawyers have the resources to guide you in seeing what a justifiable settlement is for your case that also takes into account future expenses related to the death of a loved one, like loss of income, residual medical expenses, etc. Don’t settle for a lowball offer. Connect with a BD&J wrongful death lawyer by completing our form.
Communicating with Insurance Companies and Legal Representatives of the Other Party
Insurance companies are always eager to reduce a payout for any claim, which is why it’s completely normal to feel anxious or overwhelmed at the thought of talking to a claims adjuster regarding a wrongful death claim. This is where an attorney can also help, as they can take over any communications with insurance companies and the legal representatives of the other party on your behalf.
Frequently Asked Questions
Is There a Deadline to File a Wrongful Death Claim?
Yes, wrongful death claims must be filed within 2 years from the date of death. There are special exceptions, such as in medical malpractice cases.
Can I Still File a Claim if I Found Out About Medical Malpractice After My Loved One’s Death?
When it comes to medical malpractice, a person can sue 1 year from the date the medical malpractice was discovered (or should have been discovered), or 3 years from the date of death.
Do I Need to Speak with an Insurance Company Alone?
Absolutely not. If you don’t want to go through the hassle of speaking with an insurance company alone, an Irvine wrongful death attorney can handle those communications on your behalf.
BD&J attorneys aren’t afraid to go against big insurance companies. Call 855-906-3699 to learn more.
How Can I Tell When a Settlement Offer is Too Low?
Some things to consider when a settlement offer is proposed are: will this cover the medical expenses left over from any treatments or hospital stays your loved one went through? Will it help cover funeral costs? Or make up for any income your loved one would’ve provided to the household?
While there can’t be a price tag on such a devastating loss, a wrongful death claim can help bridge a financial gap left behind by the death of a loved one. Low settlement offers should be further negotiated, as no future claims can be filed if compensation comes up short.
What Compensation Can I Recover from an Irvine Wrongful Death Lawsuit?
Compensation recovered from an Irvine wrongful death lawsuit can include past medical expenses, funeral costs, your own pain and suffering from the death of this loved one, and even compensation for loss of companionship and care.
Why Should I Call BD&J For Help with My Claim?
BD&J is a dedicated law firm with more than 20 years of experience defending wrongful death claims. We’ve recovered more than $2 billion* in compensation, and we treat every case with attention and expertise. We don’t see clients as numbers; instead, we treat every person who walks through our doors like family, and we’re eager to help.
Are there BD&J Wrongful Death Lawyers Near Me?
Yes! Our wrongful death lawyers are on the move, ready to meet with anyone who has questions about a potential wrongful death lawsuit. We work on a contingency basis, which means that case costs are advanced to clients, with the final attorney fees deducted from a case’s settlement after it’s done*.
Don’t go through this legal hassle alone. Schedule a consultation with BD&J 24/7!
How To File a Wrongful Death Lawsuit
To file a wrongful death lawsuit, you must complete the following:
- Gather all evidence surrounding your claim. – This can include photos and videos of the accident, a police report, a death certificate, autopsy report, and any witness accounts.
- Identify the liable party or parties. – The basis of every wrongful death claim is established liability. This means you have to be able to prove that a party’s negligence, inaction, or reckless acts led to the accident that resulted in your loved one’s death.
- Make sure you are working within the statute of limitations. – Remember, you have two years from the date of death (unless you’re filing a claim for wrongful death resulting from medical malpractice) to file a claim. Be sure to keep this statute of limitations in mind.
- Speak with an Irvine wrongful death attorney. – You don’t have to go through the legal system in a wrongful death claim alone. Speak with a wrongful death lawyer in Irvine today to learn more about filing a claim.
Let us help you attain justice in the name of your loved one. Call us now to book your free initial consultation with a dedicated attorney.
Compassionate Wrongful Death Attorneys in Irvine with More than 20 Years of Experience
The process of losing a loved one in an accident caused by another party is never easy. Working with a compassionate attorney to file a claim and make your loved one’s story heard can help offer some financial relief during this difficult time. Call BD&J 24/7 (hablamos español) to speak with a wrongful death attorney during a free consultation.
