After someone dies as a result of another person’s wrongful conduct, there are many questions. An Anaheim wrongful death lawyer can explain the rights of surviving family members and whether a civil claim may be available.
At Gonzales Law Offices, we work with families who want answers, accountability, and financial stability after a fatal accident. Although nothing can replace your loved one, a wrongful death claim can help you hold the person responsible accountable.
Hire a Wrongful Death Lawyer
Gonzales Law Offices handles claims for families in California who have suffered a serious injury or wrongful death due to a preventable accident. We take care to thoroughly evaluate each case, communicate openly, and prepare a claim based on facts at every stage.
Attorney Mark Gonzales has recovered over $1,000,000 for clients who have been injured in complex claims. However, past results do not guarantee a similar outcome; every case is different. His previous work in the insurance defense industry gives him a unique perspective on how these claims are valued and litigated. Gonzales Law Offices represents families on a contingency fee basis.
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Common Accidents That Lead to Wrongful Death Claims in Anaheim
Wrongful death claims in Anaheim are typically rooted in accidents that could have been avoided. These include fatal motor vehicle accidents, which might involve commercial trucks or impaired driving. Workplace accidents, especially in construction or industrial environments, can also lead to wrongful death claims if safety measures are not properly enforced.
Other scenarios might involve hazardous property conditions, defective products, medical malpractice, or acts of violence that could have been prevented with adequate security measures.
How Is a Claim for Wrongful Death Different From a Criminal Case
Wrongful death cases are civil actions, distinct from any criminal investigation that might be launched by a fatality. Criminal charges are pursued by the state, not a victim’s family, and result in punishments like fines or imprisonment. Wrongful death cases can be initiated by surviving family members who wish to hold the responsible party or parties financially liable.
The burden of proof in civil actions is not the same as it is in criminal cases, so liability can be established even in the absence of a criminal filing or a defendant’s criminal conviction. These matters are related to negligence or malfeasance, and they seek compensation for losses experienced by a family that survives a decedent.
Proving Negligence in an Anaheim Wrongful Death Case
Surviving family members seeking damages for wrongful death must demonstrate that the death was caused by another person’s negligence or wrongful actions. Typically, this involves proving the existence of a duty of care, a breach of that duty, and a direct causal link between the breach and the resulting death.
Evidence to support these elements may include accident reports, medical records, expert testimony, surveillance videos, or witness statements. Since the deceased person cannot be a witness, documentary and third-party evidence often become pivotal. A comprehensive investigation can help establish the facts surrounding the incident and determine whether legal responsibility can be attributed under California law.
Meet Attorney Mark Gonzales, Esq.
Lead Counsel, Gonzales Law Offices
Since 2007, Mark has represented injured clients across Southern California in car, motorcycle, and truck accidents, traumatic brain injuries, wrongful death, and premises liability. His time in insurance defense gives him inside perspective he uses to help clients take on powerful carriers. He has recovered over a million dollars for clients in difficult cases.
Bar: State Bar of California
Affiliations: CAALA, LACBA
Education: University of La Verne College of Law
Offices: Fontana, Rancho Cucamonga, San Bernardino, Ontario
Free Consultation No Fees Unless We Win Se Habla Español
What Is the Statute of Limitations for Filing a Wrongful Death Claim in California?
California law generally provides for a two-year statute of limitations for wrongful death actions under California Code of Civil Procedure § 335.1. Exceptions in medical malpractice cases and government claims may provide some alternatives, but in general, a family’s time to file a wrongful death claim is two years from the date of death.
How Often Do Fatal Car Accidents Occur in Anaheim and Orange County?
Fatal car accidents are a significant problem in Anaheim and across Orange County. Orange County had 209 traffic fatalities in 2022, and the state as a whole reported 4,061 fatalities in 2023. Speeding, driving under the influence, or not yielding are common factors in these crashes. If these factors apply in a fatal car crash, you might have a wrongful death claim under California law.
Where Are Anaheim Wrongful Death Claims Typically Filed?
In Anaheim, wrongful death claims generally proceed through the Orange County Superior Court system. This court has jurisdiction over civil cases that occur in Anaheim. The specific venue within the court is often determined by the location where the death occurred or where the defendant lives or works.
Filing in the correct court is important because each court can have different rules, timelines, and local customs that can impact how the case is managed and resolved.
What Is the Difference Between a Wrongful Death Claim and a Survival Action?
Wrongful death actions differ fundamentally from survival actions in legal function and purpose. A wrongful death claim is for the actual losses suffered by the survivors of the person who died. A survival action is brought by the estate for the damages that the deceased person might have recovered had they survived. In some cases, both actions can be brought.
Who Can File a Wrongful Death Claim in California?
California sets limitations on which individuals are allowed to commence a wrongful death claim. In most cases, the people entitled to bring a claim are the decedent’s surviving spouse or domestic partner, children, and sometimes grandchildren. In the absence of a spouse, domestic partner, child, or grandchild, other people financially dependent on the decedent, such as a parent or stepchild, might be eligible to file a claim.
Contact an Anaheim Wrongful Death Lawyer
A loved one’s death can leave families to grieve their loss, along with the sudden financial and legal issues they never anticipated. Though no legal action can turn back time, a wrongful death claim can offer surviving family members a sense of accountability as well as financial support after a preventable death.
An Anaheim wrongful death lawyer can explain the options and help determine if a claim is available and who is responsible. Gonzales Law Offices works with families when they find themselves in such tragic circumstances. We focus on providing clear information and considerate representation while protecting their legal rights to recover compensation. Schedule a consultation today to hire a wrongful death lawyer.
Anaheim Wrongful Death Lawyer Reviews
★★★★★
“On April 9th 2024, I was in a very severe accident caused by a reckless driver. I had contacted Gonzalez law firm in which Mrs. Marilyn explain the procedures, and helped me through process. They were very responsive and answered any questions that arose. They were very attentive and if I needed any additional help, they were willing to get me the necessary help I needed. They were very helpful and would highly recommend this law firm.” – Carmen Villalobos
★★★★★
“I am extremely pleased with Gonzalez law. Mr. Mark Gonzalez himself is a very well rounded and educated lawyer in his field. He was communicative, concise, and efficient with handling my personal injury case. I am grateful to have him as my lawyer. His staff was informative and helpful with getting through my process and the he decision to choose this firm was the best decision I could have made. Thank you Mr. Gonzalez and your team! Continue to serve the community well. It is very much appreciated!” – Roza Keflom
★★★★★
“Great Experience. Once I entered you can feel they care. They talk with Experience and knowledge. Thankful to be represented by this law firm! Will recommend.” – Edward SerranoWB
I could not be more happy with the help Mark Gonzales provided. He was there for me every step of the way. He explained each step in a way that was easy for me to understand. He was available to me when ever I had a concern. His staff made me feel like I was family. I highly recommend Mark to anyone who needs legal help!
Robert R.
Mark helped me recover all my expenses due to my car accident. The insurance company tried to slow the process and doubted that I was even injured. Mark fought for me and gave me peace of mind. I felt like I had an army on my side since his staff worked tirelessly for me. They got the insurance company off my back and helped me get back on my feet faster than I expected.
April F.
Mark did a fantastic job for me when I slipped in a restaurant. I owner had the nerve to claim it was my heels, when clearly the floor was damaged and caused me to fall. He tried to make himself look like the victim of a scam. Mark put an end to that real fast. He took control of everything for me. He helped me get my medical costs paid as well as compensation for the lost time at work.
Dottie F.
The Law Office of Mark Gonzales was a smooth experience people were great and professional !! I would recommend them to anyone and if I ever need an injury attorney again I will definitely come back. THANK YOU.
Vanessa M.
The people working here are very nice and helped make a bad experience better. They made the process go smoothly and were always willing to help and answer my questions. The attorney was very personable and willing to help. The office makes sure you are comfortable and that you understand the process. I highly recommend them.
Elizabeth R.
I would like to thank the attorney Mark Gonzalez and his staff for the prompt results representing my family with our case, I would highly recommend his office, thank you in advance.
Jose G.
I want to highly recommend the lawyer Mark Gonzalez due to his great work. He took my case and won it even though another lawyer had said it was a lost case. Very friendly environment especially with the secretary at the front desk. Thank you!
Marelena R.
Mr. Gonzales did an amazing job in solving my case. I was feeling helpless and all hope lost, but him and his staff got me through it. I wouldn’t consider any other attorney than Mr. Gonzales himself. 100% recommended!
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