30
YEARS COMBINED EXPERIENCE
1846+
SATISFIED CLIENTS
500+
SUCCESSFUL LAWSUITS
FREE IRVINE WRONGFUL DEATH LAWYERS
CASE EVALUATION
30
YEARS COMBINED EXPERIENCE
1846+
SATISFIED CLIENTS
500+
SUCCESSFUL LAWSUITS
TESTIMONIALS FOR IRVINE WRONGFUL DEATH LAWYERS
AWARDS AND RECOGNITION:
Celebrating Excellence in Personal Injury
At our personal injury law firm, we take immense pride in our dedication to providing exceptional legal representation to our clients. Our commitment to delivering outstanding results has not gone unnoticed. Over the years, our team of highly skilled and experienced personal injury lawyers has received numerous prestigious awards and recognition within the legal community.
3 EASY STEPS TO HIRE AN IRVINE WRONGFUL DEATH LAWYER
1
CALL AN
ATTRORNEY
2
GET FREE CASE
EVALUATION
3
LET THE SMART
SUITS HANDLE
THE REST
COMMUNITY AND FIRM EVENTS
Here at Gosuits we understand that being a part of the community means more than just providing legal services. Whether we are participating in a community event or hosting a firm event, our goal is always the same: to build strong relationships with the people we serve and to make a positive impact in our community.
Irvine Wrongful Death Lawyers: Supporting Families in Seeking Justice
Losing a loved one is always a painful experience, but when that loss is caused by another’s negligence or wrongful actions, the grief can be compounded by the injustice of it all. At our law firm, we understand the emotional toll this takes on families. Our team of Irvine wrongful death attorneys is here to support families through these challenging times by providing legal professionalism, compassionate guidance, and advocacy.
Wrongful death cases are complex, often involving multiple parties, insurance companies, and intricate legal processes. Families dealing with such a tragedy shouldn’t have to navigate these challenges alone. With a wrongful death attorney in Irvine on your side, you can rest assured that your case will be handled with the utmost professionalism and empathy. Here, we’ll explore what wrongful death claims involve, who can file these claims, the types of compensation available, and the unique factors impacting wrongful death cases in Irvine.
Understanding Wrongful Death Claims and California Law
A wrongful death claim arises when an individual’s death is caused by the negligent or intentional actions of another party. Wrongful death claims can result from various incidents, including car accidents, workplace mishaps, defective products, and other acts of negligence. Families filing with a wrongful death claim lawyer Irvine must prove that their loved one’s death was the direct result of another party’s negligence or intentional harm. Our Irvine wrongful death lawyers are well-versed in navigating these legal requirements, ensuring that all the necessary evidence is gathered and presenting a strong case to maximize your chances of a favorable outcome.
Common Causes of Wrongful Death in Irvine
While wrongful deaths can arise from numerous situations, certain types are more commonly seen in Irvine wrongful death cases.
- Traffic accidents, including those involving cars, motorcycles, and trucks, are unfortunately a frequent cause. The bustling roadways in and around Irvine contribute to increased accident risks.
- Workplace accidents are another common cause, particularly in industries involving manual labor, heavy equipment, or hazardous materials.
- Additionally, defective products and pedestrian accidents are notable sources of wrongful death cases that our Irvine wrongful death attorneys handle with care and diligence.
Eligibility to File a Wrongful Death Claim
Certain family members or dependents can file a wrongful death claim. Typically, this includes the spouse, children, and, in some cases, parents of the deceased. If there are no surviving members in these categories, other parties who were financially dependent on the deceased may also be eligible. As wrongful death lawyers near Irvine, we take the time to clarify eligibility requirements, guiding families through each step so they fully understand their rights.
Our role as an Irvine lawyer for wrongful death includes assisting families in proving not only the cause of death but also the relationship and financial dependence on the deceased. This part of the process is often sensitive, as it may involve personal details about family dynamics and support systems. We handle these cases with respect and compassion, always putting the needs of the family at the forefront.
Types of Compensation in a Wrongful Death Case
In a wrongful death case, families can pursue compensation for both economic and non-economic damages. Economic damages may include medical bills related to the incident, funeral expenses, and the loss of financial support the deceased would have provided. Non-economic damages, while harder to quantify, are equally important. These damages may cover loss of companionship, emotional suffering, and the loss of guidance and care.
Handling Insurance in Wrongful Death Cases
Insurance companies often play a significant role in wrongful death cases. Unfortunately, these companies may attempt to minimize their payout, offering settlements that don’t fully address the financial and emotional impact of your loss. As wrongful death lawyers near Irvine, we have experience in handling negotiations with insurance companies so that they recognize the full extent of the damages owed. Our attorneys stand firm against tactics that may undervalue your claim and we advocate for settlements that honor your family’s needs and loss.
Insurance adjusters frequently use delay tactics, request extensive documentation, or pressure families to settle quickly. Our firm steps in to manage these communications while protecting your rights and interests throughout the process. By allowing us to take on this burden, you can focus on healing while we handle the legal complexities.
Dedicated, Personalized Support Every Step of the Way
At our firm, we pride ourselves on delivering a level of service that sets us apart from larger firms. Unlike many others, we won’t pass your case to a case manager. Instead, you will receive personalized attention from one of our award-winning attorneys, who will work with you directly through each stage of your wrongful death case. This hands-on approach reflects our commitment to providing each client with individualized support and guidance so that your unique needs and concerns are always our priority.
Our Irvine wrongful death attorneys are recognized not only for their deep legal knowledge but also for their innovative approach to law practice. Through the use of proprietary software that incorporates machine learning and other advanced technologies, we streamline case management, allowing us to focus more effectively on achieving superior outcomes for our clients.
With hundreds of successful cases and numerous positive client testimonials on our Google Business Page, we are proud of our reputation for excellence. Our clients appreciate the peace of mind that comes from knowing we’re available 24/7, always ready to address their needs. We offer not just legal representation but a supportive partnership through one of life’s most challenging times.
Schedule Your Free Consultation with Our Team
If you’re facing the devastating loss of a loved one and are considering a wrongful death claim, we invite you to schedule a free consultation with our firm. Let our team of Irvine wrongful death lawyers provide the guidance and support you deserve, helping you navigate the legal process with clarity and confidence.
IRVINE WRONGFUL DEATH LAWSUIT
STEPS AND PROCESS
1
Collect All Available Evidence
Every case rests on the backs of investigators who dig deep. We’ll investigate your accident and find evidence like police reports, hospital records, and witness statements. Our injury attorneys go deep into each potential avenue of inquiry, leaving no stone unturned in their exhaustive search for justice.
2
Write a Letter of Demand
A demand letter will be addressed to the offender and their insurance provider or legal counsel. The full financial burden is considered, including future medical expenditures, wage losses, and other expenses.
3
Negotiation
By bringing a lawsuit on your behalf, we acquire bargaining power when an insurance company refuses to give fair compensation. In addition, by filing a case, we can obtain information on the defendants we would not have had access to before.
4
Begin Filing a Lawsuit for Injury
By bringing a lawsuit on your behalf, we acquire bargaining power when an insurance company refuses to give fair compensation. In addition, by filing a case, we can obtain information on the defendants we would not have had access to before.
5
Discovery
Now that we have filed suit, we have the right to obtain information from the defendants that they were previously unwilling to release. By serving them with Requests for Admissions, Interrogatories, and Document Production, we can investigate the validity of their allegations.
6
Mediation
Once both parties have reviewed the facts of the case, a mediation session may be planned to see whether or not an amicable resolution may be reached. The defense will hear our position from a non-biased individual (Mediator), and we may continue bargaining with the insurance company over a reasonable payment.
7
Civil Trial for Injury
We will go to trial if a reasonable settlement cannot be reached. We’ll argue your case in court, using the information found through discovery and any necessary expert testimony. Many of us would rather have a jury decide our cases than a judge, as juries tend to be more compassionate in times of tragedy.
8
Settlement
A settlement has been reached if an agreement can be made before trial. In return for release of all personal injury claims, you should get a settlement that accounts for all your losses up to and including the date of your injury, fees, taxable cost, medical expenditures, lost wages, pain and suffering, etc.
9
Appeal
Suppose the jury decides against you. We will then file an appeal if we believe the defense or the court made a legal mistake. Additional data and legal arguments on our part will likely be required to convince the court of our position. The court, if we prevail, may decide to overturn its earlier ruling or even retry the case.
RESPONSE TO SOME GENERAL QUESTIONS
Who will pay for my medical bills after an accident?
Who is Responsible for the Cost of Property Damage After a Car Accident?
Are There Any Hidden Attorney Fees That I Need To Be Aware of?
What does “No Recovery, No Fee” mean?
Who will pay for my medical bills after an accident?
Who Will Pay for My Car Accident Medical Bills
Determining who will be responsible for your car accident medical bills depends on several factors: the cause of the accident, your level of fault, and the insurance coverage held by the other driver. In such circumstances, seeking guidance and support from a personal injury lawyer, Dallas can prove invaluable.
Following a car accident and sustaining injuries, it is natural to wonder who will bear the burden of your medical expenses and treatment costs. While a car accident injury settlement or a trial verdict can provide financial relief, they may not offer immediate assistance in covering your medical treatment. The answer, in essence, relies on the accident’s nature, the relevant state laws, and the specific insurance policies involved.
General Rule – Ongoing Payment Responsibility Rests with the Injured Party
It is crucial to understand that, in most cases, if you are involved in an accident, you are responsible for paying your medical bills as they are incurred. The only exception occurs in “no fault” states, which will be discussed below. Even if the at-fault party is clearly responsible for your injuries, the law does not mandate them to cover your bills on an ongoing basis.
The law only requires them to provide damages to resolve your lawsuit, and in many instances, your medical claim is included in those damages. However, the defendant is not obligated to pay your medical invoice as they arise.
Car Accidents – “No Fault” States
In motor vehicle accident cases, the coverage of hospital bills depends on whether the accident occurred in a “no fault” state. In “no fault” insurance states, your automobile insurer will cover some or all of your hospital bills resulting from a car accident, regardless of fault. However, there is typically a limit to what your own automobile insurance company will pay, varying from state to state but generally around $10,000 or less.
Once your medical expenses exceed the state’s “no fault” limit, you become responsible for paying them. If you have health insurance, your provider will cover your bills. In the case of Medicare or a state-run health insurance program through Medicaid, these entities will handle the bills. If you lack health insurance, Medicare, or Medicaid, you will need to arrange payment agreements directly with your healthcare providers.
Motor Vehicle Accidents – Non-“No Fault” States (Dallas, TX)
If you are involved in a serious accident in a state without “no fault” insurance, you will generally be responsible for paying your expenses until you claim compensation from the at-fault party. However, some drivers in these states have medical payment or Personal Injury Protection (PIP) insurance coverage, commonly known as “med pay” and “PIP” coverage.
This coverage will pay for the fair compensation of drivers or passengers involved in a car accident with the insured party, up to the “med pay” policy limits, which are typically less than $10,000. Once your bills exceed these policy limits, you will be responsible for payment.
Medpay and PIP funds can be utilized initially to cover health insurance deductibles, co-pays, and lost wages until you recover from the at-fault party. If you lack such coverage, in most cases, you will need to find healthcare providers willing to treat you upfront and defer their bills until you receive compensation from the insurance company.
Premises Liability: Slip or Trip and Fall Accidents
In premises liability or slip and fall cases, the responsibility for payment of medical bills typically falls on the injured person, unless the premises owner’s property insurance policy includes “med pay” coverage.
Dallas personal injury attorneys with experience in handling personal injury claims related to premises liability understand that “med pay” coverage can be beneficial. If the premises owner has this type of insurance coverage, the injured person’s medical bills will be paid by the insurance carriers, up to the limits specified in the “med pay” policy. However, once the “med pay” limits are exhausted, the injured person becomes responsible for paying the remaining bills.
Boating Accidents
Boating insurance policies seldom include “med pay” coverage. Consequently, personal injury victims involved in boating accidents will likely be responsible for covering their own expenses. It is crucial for individuals who suffer injuries caused by boating accidents to consult the right lawyer in Dallas to understand their legal options and seek rightful compensation for their injuries.
Work-Related Accidents
In the unfortunate event of a work-related accident due to gross negligence, personal injury victims may find relief if their company carries workers’ compensation insurance. In such personal injury cases, the workers’ compensation insurer will cover all the medical bills incurred by the injured party. It is important to note that these victims involved in work-related accidents are not required to contribute any money towards their expenses, including bills or deductibles.
Moreover, our Fort Worth, Dallas personal injury lawyers who handle personal injury cases are well-versed in the laws pertaining to workers’ compensation and can ensure that victims receive proper reimbursement for transportation expenses related to medical appointments. However, if a company does not have workers’ compensation insurance, pursuing damages under Texas non-subscriber laws becomes necessary.
Reimbursement for Medical Bills Paid by Insurers
If health insurers, Medicare, or the state agency administering Medicaid benefits have paid for your medical bills in relation to the accident, they are entitled to reimbursement for the amount they disbursed to your healthcare providers. Skilled Dallas personal injury attorneys can help navigate the complexities of dealing with insurers and ensure fair reimbursement processes.
Worst-Case Scenario
In the worst-case scenario where an accident occurs, insurance coverage is unavailable, and it is determined that there is no personal injury case due to factors such as personal fault or insufficient evidence, the injured party becomes solely responsible for all medical expenses. These victims facing this situation have limited options and should seek legal counsel to explore any possible alternatives.
Who is Responsible for the Cost of Property Damage After a Car Accident?
Who is Responsible for the Cost of Property Damage After a Car Accident in Dallas?
In Dallas, Texas, the responsibility for covering the cost of property damage resulting from a car accident lies within specific legal parameters. As a car owner, you have the right to choose the body shop for repairing your vehicle. However, determining who will foot the bill for your property damage depends on the urgency of your vehicle’s repair and whether the at-fault party has accepted liability.
In Dallas, as in most places, the responsibility for the cost of property damage after a car accident typically falls on the at-fault driver’s insurance company. Texas follows a fault-based system, meaning that the driver who caused the accident is generally responsible for covering the damages.
If you were not at fault in the accident, you can file a claim with the at-fault driver’s insurance company to seek compensation for your property damage. Their insurance should cover the cost of repairing or replacing your damaged property, such as your vehicle or any other damaged property involved in the accident.
It’s important to gather evidence and documentation of the accident, including photographs, police reports, witness statements, and any other relevant information that can support your claim. You should notify your insurance company about the accident as well, even if you are not at fault, to ensure they are aware of the situation.
If the at-fault driver does not have insurance or is underinsured, you may need to rely on your own insurance coverage, such as uninsured/underinsured motorist coverage, to help cover the property damage costs.
Are There Any Hidden Attorney Fees That I Need To Be Aware of?
Are There Any Hidden Attorney Fees That I Need To Be Aware of?
When you engage the services of our Dallas personal injury law firm, we ensure complete transparency regarding our fee structure. There are no hidden charges or surprise fees that catch you off guard. We take the time to explain the details of our contingency fee agreement, outlining all the fees and expenses involved.
In fact, paragraphs 1 and 2 of our agreement provide a comprehensive breakdown, and we require your initials next to each item to confirm your understanding. Our aim is to establish trust with our clients, providing them with peace of mind and alleviating any concerns. Our goal is not to profit at your expense but rather to obtain the best possible results for your injuries and damages.
Are My Medical Bills And Attorney Fees Combined?
It’s important to note that your medical bills and attorney fees are separate entities. While our law firm fees are based on the “No Fee, No Recovery” concept, your medical bills remain your responsibility. For instance, if you received a bill from the emergency room following your accident, it is your obligation to settle that bill as it does not fall within our purview to waive it.
However, when you enter into a contract with an experienced personal injury lawyer in Dallas, such as ourselves, you grant us permission to reimburse the medical providers from the eventual settlement or judgment you receive. This arrangement ensures that your expenses are appropriately handled while allowing us to pursue the compensation you rightfully deserve for your harm or serious injury.
Who Covers the Expenses of Managing My Case?
The good news is that, as experienced personal injury attorneys in Dallas, TX, we have provisions in our contingency contract that allow us to bear the expenses associated with your case. Our law firm agreement enables us to cover the necessary costs throughout the process, and once we secure a settlement on your behalf, we will deduct those expenses from the settlement amount.
It’s important to understand the typical expenses involved in a personal injury case, as they can be significant. For instance, the police department charges a fee for providing copies of the police report, collision videos, and the police call log. Medical providers charge per page to produce your medical records. Filing a lawsuit incurs fees imposed by the court.
What sets our law firm apart is our commitment to leveraging digital resources to streamline these requests and save you money at every turn. For example, our Dallas personal injury attorney makes digital requests for your medical records and bills, opting for a flat fee instead of a per-page charge.
Our communication is predominantly conducted through email and client portals, providing you with convenient and cost-effective access to our Dallas personal injury lawyers. This approach allows us to operate as a faster and more affordable law firm, dedicated to serving your needs.
What does “No Recovery, No Fee” mean?
What does “No Recovery, No Fee” mean?
“No Recovery, No Fee” or “No Attorney Fee if No Recovery” means that you will not be responsible for your attorney fees if we lose your case, or do not settle your case with the responsible party or their insurance company. We will charge you a percentage of the settlement instead of the typical retainer and hourly fees that attorneys charge.
Therefore, if we lose your case any percentage X $0.00 = $0.00 and you owe us nothing for attorney fees. This agreement allows you as a victim of a car accident to receive the proper medical attention that you need without worrying about the outrageous legal fees piling up. Also, this will give you the opportunity to handle your property damage much faster and get back to your daily lives.
In the other Sections, we explain that although there are no attorney fees if there is no recovery, your medical bills and expenses are still due and the medical providers will want payment irrelevant of the results. In addition, we explain in some rarer circumstances that if we lose you may be responsible for attorney fees and taxable court costs of the defendant if the judge exercises discretion and grants them.
What is a wrongful death lawsuit, and how is it different from a criminal case?
A wrongful death lawsuit is a civil claim brought by the family or dependents of a deceased person, seeking compensation for their loss due to another’s negligence. Unlike criminal cases, wrongful death cases don’t seek to punish the responsible party but rather to secure financial recovery for the bereaved family.
Who can file a wrongful death claim in Irvine?
Close relatives such as the spouse, children, or parents of the deceased are typically eligible to file a wrongful death claim. In certain cases, those who depended financially on the deceased may also have a right to file.
How long do I have to file a wrongful death lawsuit in California?
The statute of limitations for wrongful death claims in California is generally two years from the date of death. Consulting an Irvine wrongful death lawyer as soon as possible ensures that all legal requirements are met within this timeframe.
What types of damages can be recovered in a wrongful death claim?
Families may recover both economic and non-economic damages, which can include medical expenses, funeral costs, lost income, and loss of companionship. An Irvine wrongful death attorney can assess your claim and determine the types of damages available.
How does your firm handle interactions with insurance companies?
Our Irvine wrongful death attorneys manage all communications and negotiations with insurance companies to ensure your claim is taken seriously. We excel in countering tactics that undervalue claims and work to secure the full compensation your family deserves.
GET TO KNOW OUR IRVINE WRONGFUL DEATH LAWYERS
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SEAN CHALAKI
- Texas Super Lawyers: Rising Star 2016 2023 2024
- Law Firm of the Month by Attorney at Law Magazine 2016
- Top 40 under 40 Trial Attorney by The National Trial Lawyers (2015, 2016, 2022)
- Board Member Texas Trial Lawyers Association
- Dallas Trial Lawyers Association
- Danielle Hall, Individually Anf Amh-s V. Witron Integrated Logistics, Inc. Et
- Best Lawyers Ones to Watch 2022
- Best Lawyers 2024
YASAMIN MOUSSAVI
- Principal / Texas and New York Litigation Attorney
- Licensed Attorney with State Bar of Texas
- Licensed Attorney with State Bar of New York
- Licensed Attorney in Federal and District Court
- South Australian Bar Association
SHAWN HASHEMI
- Principal / Litigation Attorney
- State Bar of Texas
U.S. Federal District Court for Northern District of Texas - U.S. Federal District Court for Eastern District of Texas
- U.S. Federal District Court for Southern District of Texas
- U.S. Federal District Court for Western District of Texas
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6 Responses
The statute of limitations information is crucial to our case. We just discovered evidence suggesting medical malpractice two years and one month after my brother’s death. Are there any exceptions when new evidence of negligence is found after the standard deadline?
I’m so sorry to hear about your brother. Many states have a “discovery rule” that allows the statute of limitations to begin when new evidence of negligence is discovered, rather than the date of the incident itself. If this applies to your state, you may still have time to file a claim. Consulting a lawyer as soon as possible is essential to determine whether your case qualifies under these exceptions.
The medication that caused my wife’s fatal reaction was recalled two weeks after she passed. How does this affect our claim?
The recall of the medication two weeks after your wife’s passing could strengthen your claim. It shows that the manufacturer recognized a problem with the product, which might indicate negligence in its production or distribution. A lawyer can use this recall to establish liability and ensure it’s factored into your case.
Found out three other patients died from the same surgical error that killed my sister. Should we consider a group lawsuit?
Knowing that others were harmed by the same surgical error suggests a pattern of negligence that could be addressed through a group lawsuit or class action. Group lawsuits allow families to combine resources and evidence, which can be especially powerful in cases involving systemic issues. A lawyer can help determine if this approach is right for your family and coordinate with other affected parties.