30
YEARS COMBINED EXPERIENCE
1846+
SATISFIED CLIENTS
500+
SUCCESSFUL LAWSUITS
FREE SANTA ANA WRONGFUL DEATH LAWYERS
CASE EVALUATION
30
YEARS COMBINED EXPERIENCE
1846+
SATISFIED CLIENTS
500+
SUCCESSFUL LAWSUITS
TESTIMONIALS FOR SANTA ANA WRONGFUL DEATH LAWYERS
3 EASY STEPS TO HIRE A SANTA ANA WRONGFUL DEATH LAWYER
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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.
Santa Ana Wrongful Death Lawyers: Seeking Justice for Your Loved Ones
Losing a loved one due to another’s negligence is a profound tragedy that many families in Santa Ana face. Understanding the prevalence and causes of wrongful deaths in this region can offer insight to those seeking justice and accountability. Over recent years, data has shown a gradual decline in fatal accidents in Santa Ana since 2016. However, certain months, particularly October, remain high-risk periods for fatal incidents. Gender differences also play a role, with men in Orange County statistically more likely to be involved in fatal car accidents than women.
Motor vehicle accidents stand as one of the leading causes of wrongful death in Santa Ana, with approximately 20 fatalities each year attributed to car crashes. Pedestrian safety is also a pressing concern, as about 24% of vehicle-related accidents in Santa Ana involve injuries to pedestrians. Beyond traffic-related incidents, workplace accidents in industries like construction and manufacturing present significant risks, contributing to the number of fatalities in the area.
For those affected by wrongful death, understanding these statistics highlights the importance of taking safety measures seriously and seeking legal accountability. If you’ve lost a loved one due to someone else’s negligence, it is beneficial to understand your legal rights. Consulting with a wrongful death attorney in Santa Ana can help you navigate the complexities of your case and seek the compensation your family deserves.
What is a Wrongful Death Claim?
A wrongful death claim is a legal action taken against a person or entity responsible for someone’s death through negligent or intentional actions. Common examples include fatalities from car accidents, workplace incidents, and defective products. Such claims hold the responsible parties accountable and provide financial relief to the deceased’s family. Our Santa Ana personal injury lawyers aim to help families secure compensation that can relieve financial burdens to bring a measure of peace during this difficult time.
Who Can File a Wrongful Death Claim in Santa Ana?
Eligible claimants generally include:
- The deceased person’s spouse or domestic partner
- Children of the deceased
- Financially dependent minors, including stepchildren
- In some cases, extended family members may also file
The law specifies who can file a claim to ensure that those most affected by the loss have the opportunity to seek justice. Our personal injury attorneys in Santa Ana will help you understand your eligibility and guide you through the process so that all necessary parties are considered in the claim.
Types of Compensation in a Wrongful Death Case
Families can pursue various types of compensation in a wrongful death case, which may include:
- Economic damages:
- Lost income
- Funeral expenses
- Medical bills incurred due to the deceased’s injuries
- Non-economic damages:
- Emotional suffering
- Loss of companionship
Our attorneys will help calculate the full extent of damages you may pursue, aiming to secure a settlement that honors your loved one’s life. This process may involve gathering evidence of the deceased’s earnings, expert testimony, and documentation of emotional suffering.
Proving Negligence in Wrongful Death Cases
To successfully pursue a wrongful death claim, it is beneficial to demonstrate that the negligence of another party directly caused the death of your loved one. This process begins with establishing the concept of duty of care, which asserts that individuals or entities are responsible for acting with reasonable care toward others. For example, a driver must obey traffic laws and drive attentively to ensure the safety of all road users. When a party fails to fulfill this duty, it constitutes a breach of that responsibility.
A breach of duty can occur in many forms, such as a driver who is texting while driving or disregarding traffic signals, both of which significantly increase the risk of an accident. The next step in establishing negligence is proving causation which means that the negligent actions of the responsible party directly led to the death. This connection can be established through various forms of evidence, including accident reports, witness testimony, and expert analyses that provide clarity regarding how the actions contributed to the fatal outcome.
Finally, to complete the case, it must be shown that the family of the deceased suffered measurable damages as a result of the loss. These damages can be financial, such as medical expenses incurred prior to death and lost income that would have supported the family, as well as non-economic harms, including emotional distress and loss of companionship. Collectively, these elements create a compelling narrative that supports the claim for wrongful death.
How Our Santa Ana Wrongful Death Lawyers Can Help
At Gosuits, we recognize the profound difficulties families endure following the loss of a loved one. Our team is dedicated to providing comprehensive support tailored to your specific needs during this challenging time. We begin by conducting a thorough evaluation of your case by assessing its viability and potential outcomes. By listening to your story and understanding the unique circumstances surrounding your loss, we can develop a strategic approach that best serves your interests.
Our legal team diligently collects relevant information, including police reports, medical records, and witness statements, to build a strong foundation for your case. We understand that negotiating with insurance companies can be overwhelming, specially as these entities often aim to minimize payouts. With dedicated legal counsel on your side, we work assertively to ensure you receive the compensation you deserve.
If a fair settlement cannot be reached, we are fully prepared to advocate for you in court. Our team is committed to presenting a compelling argument before a jury, utilizing all available evidence to support your claim. Moreover, we understand that navigating a wrongful death claim can take an emotional toll on families. That’s why we prioritize providing guidance and support throughout the entire process which allows you to focus on healing while we handle the legal complexities of your case.
Why Choose Gosuits
Choosing Gosuits means you’ll receive compassionate representation and a focused legal strategy tailored to your needs. We understand that dealing with the loss of a loved one is deeply challenging, and our attorneys are here to guide you through the legal process with sensitivity. From your initial consultation through to the resolution of your case, our team offers knowledgeable guidance to keep you informed at every stage.
Our approach to wrongful death cases centers on a strong commitment to your rights and achieving the best possible outcome for your family. We take the time to understand your unique story and specific circumstances to create a legal plan that aligns with your goals. Our track record of successful outcomes speaks to our dedication to your family’s rights and we leverage our experience to build a strong case on your behalf.
You’ll receive regular updates on your case, and we encourage open conversations to address any questions or concerns to create an environment where you feel informed and confident in our representation. We understand that a supportive attorney-client relationship is essential. Beyond legal proficiency, we’re here to provide reassurance so that you can focus on healing while we manage the complexities of your case. Our team is accessible and responsive, ensuring you feel valued every step of the way.
We also invest in advanced technology and resources to enhance our practice, utilizing the latest case management systems to streamline evidence gathering, preparation, and strategy. This commitment to innovation ensures you receive effective, modern representation.
When you choose Gosuits, you’re choosing a firm that prioritizes your family’s needs and seeks justice for your loss. Contact us today to schedule a free consultation, and let us support you in this difficult time.
SANTA ANA 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 the purpose of a wrongful death claim?
A wrongful death claim allows families to seek compensation for their losses due to the negligent actions of another party. It serves not only to provide financial relief but also to hold the responsible parties accountable for their actions.
How long does a wrongful death case take to resolve?
The timeline varies based on case complexity and negotiation processes, potentially taking months or years. Factors such as the willingness of the parties to negotiate, the volume of evidence to review, and whether the case goes to trial can all influence the duration.
Do I need to go to court for a wrongful death case?
Not all cases go to court; many settle through negotiations. We will advise you on the best course of action based on the specifics of your case. However, if a fair settlement cannot be reached, we are prepared to advocate for you in court.
What types of compensation can families receive in a wrongful death claim?
Compensation can include both economic damages (like lost income) and non-economic damages (such as emotional suffering). The total amount can vary widely based on the individual circumstances of the case.
How is negligence proven in a wrongful death case?
Proving negligence involves demonstrating duty of care, breach of duty, causation, and damages, typically requiring solid evidence and expert testimony. This can be a complex process, but our team is equipped to handle all aspects of your case.
GET TO KNOW OUR SANTA ANA WRONGFUL DEATH LAWYERS
It's time we do things the SMART way rather than the hard way
“Hire the Smart Suits for Your Lawsuits”
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
ABBAS HARATI
- Admitted to the State Bar of California
- Certified Mediator in the State of Texas
- Member of the Orange County Trial Lawyers Association
- Member of the Consumer Attorneys Association of Los Angeles
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The content of this website has been prepared by Gosuits.com, for informational purposes only and should not be construed as legal advice from a lawyer. The material posted on this website is not intended to create, and receipt of it does not constitute, a lawyer-client relationship, and readers should not act upon it without seeking professional counsel. The chat system is an automated system that provides general information and not legal advice. You should not rely on any of the information, nor should you ever disclose private information to anyone in the chat system. Our office will never ask you for your private information until you have retain our firm with a written contract. Until there is an established written contract there is no attorney-client relationship. The knowledge base section of this website is not to be used as legal advice or legal resources. This website contains attorney advertising. Prior results do not guarantee a similar outcome. Disclaimers.
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* Best Lawyers Ones to Watch 2022 – Sean Chalaki
* Rising Stars 2016 – Sean Chalaki
* Attorney at Law Magazine 2016 – Sean Chalaki
* The National Trial Lawyers 2015 – Sean Chalaki
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