Wrongful Death
Wrongful Death

Negligence Claims in Fatal Accidents

When a spouse, child, or parent is killed because of the negligent or intentional acts of others, wrongful death litigation may be required to obtain compensation for surviving family members. While a lawsuit for damages can never substitute for what was lost, it can provide financial security for survivors and a small measure of justice.

The Marquart Law Group is sensitive to the needs of grieving families during this trying time. Our compassionate lawyers will take the time to explain the process and your rights under California law. Our Rancho Santa Margarita law firm represents families in South Orange County who have lost a loved one, and has achieved settlements and judgments in:

  • Defective product cases
  • Auto and motorcycle fatalities
  • Trucking accidents
  • Bicycle and pedestrian accidents
  • Fatal construction mishaps
  • Premises liability deaths
  • Poisoning (foodborne illness or household products)

California Wrongful Death Claims

A wrongful death suit over a negligence death may seek economic damages (lost income and future earnings, medical bills, funeral expenses) and non-economic damages (pain and suffering, loss of companionship or affection). A survival action is a personal injury claim that commenced before the person succumbed to the injuries, with recovery limited to the actual medical bills and lost wages. In some cases, both actions may be brought. In limited cases, punitive damages may also apply.

The claim is brought on behalf of the estate by the personal representative (executor). Typically, the spouse, children, or parents (in that order) will receive any proceeds. Siblings, grandparents, putative spouses ("common law" marriage and same-sex partners), and other relatives cannot make claims against the estate, except when there are no survivors above them on the list. Our attorneys can explain California's succession laws and who would inherit in your family's situation.

A lawsuit must be filed within two years of the date of death. However, it is advisable to consult an attorney as early in the process as possible. Witness memory fades. Automobiles are repaired or scrapped. Our skilled attorneys act swiftly to preserve remaining evidence, and thoroughly prepare a case to demonstrate liability of the negligent person or entity.

Free consultation at (949) 589-0150
Contact The Marquart Law Group today to discuss your possible wrongful death claim, including evening and weekend appointments.

Serving clients throughout Southern California:

Orange County Los Angeles County Riverside County San Bernardino County San Diego County Ventura County