What is wrongful death under California state law?

Wrongful death is the legal cause of action against someone for bringing about the death of a person through a wrongful act or negligence. The decedents of the person (any living relatives, their surviving children, spouse, or parents) can assert a wrongful death claim.

What damages are survivors entitled to in a wrongful death case?

Survivors can receive special damages to cover medical bills. Let’s say the person was hit and brought to the hospital before they passed away; their ambulance and hospital bills would be covered. Survivors can also receive general damages, and a spouse could receive loss of consortium, which means the loss of the love and comfort provided by your husband or wife.

How are damages/settlement amounts divided amongst the heirs in a wrongful death case?

In California, the compensation would go to the surviving spouse or domestic partner. If there’s no spouse or partner, the money would be divided evenly between the decedent’s children. It’s similar to how an estate would be divided in the absence of a will in that it’s split evenly by the order of inheritance.

What is the statute of limitations on filing a wrongful death claim in California?

The statute of limitations for a wrongful death claim is two years, unless it was caused by a governmental entity. In that case, the statute would be six months from denial of the claim or acceptance of the claim.

If my loved one hired a law firm to handle their personal injury case and then passed away from their injuries, does their case automatically become a wrongful death case?

You would need to sign a new retainer agreement with the law firm. Once a person passes away, their claim dies with them in California. It would become your claim, so you would need to sign a new retainer and hire the same or a different attorney, depending on the direction you want to go.

Find Justice and Closure With Trusted Wrongful Death Attorneys in Orange County

Drunk driving accidents can have devastating consequences, leaving victims with serious injuries, emotional trauma, and financial burdens. If you or a loved one has been injured in a drunk driving accident in Orange County, you need an experienced advocate to fight for your rights and secure the compensation you deserve. At CWH Law, our dedicated drunk driving accident lawyers in Orange County are committed to holding drunk drivers accountable and helping victims recover from their losses.

Why Choose CWH Law for Your Drunk Driving Accident Case?

At CWH Law, we understand the challenges victims face after a drunk driving accident. Here’s why clients trust us to handle their cases:

Proven Track Record: We have successfully represented countless drunk driving accident victims, securing significant compensation for medical bills, lost wages, and more.
Compassionate Representation: We know how overwhelming this time can be and provide personalized attention to every client.
Aggressive Advocacy: We fight tirelessly to hold drunk drivers accountable and ensure you receive maximum compensation.

The Impact of Drunk Driving Accidents in Orange County

Drunk driving accidents are preventable tragedies that continue to plague Orange County roads. These collisions often result in severe injuries due to impaired drivers’ slowed reaction times and poor judgment. Common injuries include:

Traumatic brain injuries (TBI)
Spinal cord injuries
Broken bones
Internal injuries
Whiplash and soft tissue injuries

Victims often face long-term medical care, emotional distress, and financial hardships, making legal representation essential to securing justice and compensation.

What Compensation Can You Receive?

Victims of drunk driving accidents may be entitled to compensation for a variety of damages, including:

Medical Expenses: Coverage for current and future medical bills, surgeries, rehabilitation, and medications.
Lost Wages: Reimbursement for income lost due to missed work and reduced earning capacity.
Pain and Suffering: Compensation for physical pain and emotional distress caused by the accident.
Property Damage: Repair or replacement costs for your vehicle and other damaged property.
Punitive Damages: In cases of gross negligence, additional damages may be awarded to punish the drunk driver.

The Legal Process for Drunk Driving Accident Claims

Navigating a drunk driving accident claim can be complex. At CWH Law, we guide you through every step of the process:

Investigation and Evidence Collection:
- We gather police reports, medical records, witness statements, and any available surveillance footage to build a strong case.
Proving Liability:
- Our team establishes the drunk driver’s negligence through evidence such as BAC test results and eyewitness accounts.
Negotiating With Insurance Companies:
- We handle all communication with insurers to secure a fair settlement and prevent lowball offers.
Litigation, If Necessary:
- If a fair settlement isn’t reached, we are prepared to take your case to court and fight for maximum compensation.

California Laws on Drunk Driving Accidents

California has strict laws against drunk driving, with severe penalties for offenders, including license suspension, fines, and jail time. Victims of drunk driving accidents have the right to pursue compensation through a personal injury lawsuit.

Under California’s comparative negligence law, you can still recover damages even if you share partial fault for the accident. However, your compensation may be reduced by your percentage of fault.

Our Orange County drunk driving accident lawyers will ensure your rights are protected and help you navigate these legal complexities.

What to Do After a Drunk Driving Accident

If you’ve been involved in a drunk driving accident, follow these steps to protect your rights and strengthen your case:

Seek Medical Attention: Your health is the top priority. Document all injuries and treatments.
Call the Police: File an official police report to document the drunk driver’s actions.
Gather Evidence: Take photos of the accident scene, vehicle damage, and any visible injuries.
Exchange Information: Obtain contact and insurance details from the other driver.
Contact an Attorney: Speak with an experienced drunk driving accident lawyer to guide you through the legal process.

Why Time Is Critical in Drunk Driving Accident Cases

California has a statute of limitations for personal injury claims, typically requiring you to file within two years of the accident. Failing to meet this deadline can result in losing your right to pursue compensation. The sooner you contact CWH Law, the better we can preserve evidence, interview witnesses, and build a strong case on your behalf.

For more information on Wrongful Death Cases in California, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (562) 694-3821 today.

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