Orange County Wrongful Death AttorneyGet The Justice That You and Your Family Deserve
Allow me to create a custom approach to achieve the desired outcome for your wrongful death claim.
The shock, sadness, and grief can be overwhelming when you lose a loved one due to another person's negligent actions. Additionally, the costs of medical bills, funeral and burial expenses, combined with the loss of income from your deceased family member, can make it difficult for surviving family to figure out their next steps.
As an injury attorney with over 18 years of experience, I can help you pursue appropriate compensation in wrongful death cases in Orange County.
Having a knowledgeable and experienced wrongful death lawyer on your side can help your family prepare for the legal issues associated with your wrongful death claim. Let me help you fight for your right to compensation in your wrongful death case.
For compassionate legal representation after a wrongful death, please contact me at (714) 924-3292. I respond to all inquiries and oversee every case, personally.
I highly recommend Ms. Thomasson to everyone I know. She has represented me, family members and a number of clients and friends. Everyone I have referred has been very pleased with her and the outcome. She is extremely professional, knowledgeable and accessible. If I ever had questions, she would answer right away. It didn't matter if it was the weekend, a holiday or late at night. She fights hard for you and gets things done. She absolutely goes the extra mile to get you the maximum settlement possible. A+++ and 5 stars or more from me!
— Mark Johnson
If you are looking for a Personal Injury Attorney then Christy Tomasson is your Gal. She did a fantastic job for me when I was rear-ended from a car traveling approx 100 miles an hour. Christy fought for me and was great at negotiating with everyone to make sure i received the compensation I deserve. The insurance company Waited till the 11th hour before we go to trial to meet our Goals. Thank you Christy for such a Fantastic Job!!!
— Joseph Salazar
I am a family law attorney and was looking for a professional, experienced personal injury attorney after my daughter and I were injured in a car accident. I couldn't have been more impressed with how Ms. Thomasson handled my case. She was very responsive, attentive and was always looking out for my and my daughter's best interest. I couldn't be happier with how everything turned-out. Definitely exceeded my expectations. I would highly recommend her to anyone, including my own clients.
— Amy von Esch
Determining Death by Negligence vs. Wrongful Death
According to the law, any wrongful death action that leads to the death of a person is death by negligence. So negligence is the wrongful act, while the wrongful death results from the action.
For example, in a medical malpractice case that led to a wrongful death matter, improper care practices or defective equipment could have contributed to the wrongful death. In a slip-and-fall accident case, a grocery store may have neglectfully ignored the dangerous conditions under which a beloved grandparent fell and broke their hip, leading to their wrongful death from complications.
In both of these examples of wrongful death suits, a judge might submit wrongful death verdicts against the defendants due to negligence. However, other circumstances may preclude a wrongful death claim, such as if your spouse died as a result of justifiable homicide by a person defending themselves or their home.
Call now for your free, confidential consultation.
(714) 924-3292
Why Hire Me
I Am Not A "Mill"
First and foremost, I personally handle every case that I take. Your case will not be shuffled around. I offer an individualized service because no two cases are the same.
Communication
You should never be left wondering what is happening with your case. At every step of the way, I am here to guide you through the process. I am very communicative with all of my clients.
Direct Contact
You will always have direct contact with me, your attorney. You will not have to jump through hoops to get answers. I am here to represent you and the very best interests of your case.
What To Expect
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Free Case Evaluation
Our engagement will start with a 100% free case evaluation that may include the review of your evidence, evaluation of your injury or loss, a discussion about any fees, and an explanation of your rights.
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Communication
Once you retain me as your attorney, I will stay in constant communication with you and make certain that you are always kept in the loop with your case. You will have direct contact with me.
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Results
Every case is unique and so are your desired goals. I will work to resolve your case and seeks the results that are most important to you.
ABOUT ME
I have litigated countless civil cases from inception through trial and the appeal process. With over 18 years of experience in personal injury, employment law and business litigation matters, I opened legal practice in September, 2014 to help serve those who have been victims of negligent acts.
Free Case Consultation
Get Answers To Your Questions
Fill out the following free consultation form and I will review your claim. I will follow up with:
- Answers to your questions
- If/how I may be able to help
- Expected costs
- Expected timeline
- Additional information that may help your case
I personally review and respond to every case submission. All information sent is 100% confidential.
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Who Can Seek Compensation in a Wrongful Death Case in Orange County, CA?
California adheres to a strict definition regarding who can file a wrongful death claim. Family members who can file a claim include:
- the surviving spouse or legal domestic partner
- children (or grandchildren, if the decedent's children are deceased)
- stepchildren who were dependents of the decedent
parents or grandparents of the decedent
any dependent with a legal claim to the decedent's estate
A Second Type of Lawsuit: Survival Action
A survival action lawsuit is a case that the decedent would have been able to file if they had lived. It is different from a wrongful death suit since the decedent's estate files it rather than an individual family member, and awards go to the estate. The only one who can file the claim is the estate executor or representative.
Survival action cases sue for the losses or damages the decedent sustained due to the wrongful act before their death, such as medical bills, property damage, and possible punitive awards.
Although wrongful death and survival action lawsuits are separate causes of action, as your wrongful death attorney, I may file them together or separately.
Among Southern California wrongful death attorneys, I have a reputation as a compassionate and determined lawyer who will go the distance to help surviving families fight for their right to recover compensation. Call me today to schedule your free consultation.
Types of Financial Compensation a Family Member Can Pursue After a Loved One's Death
You may pursue economic and non-economic compensation for your loss in a wrongful death case. You may also potentially pursue punitive damages against a negligent party who showed malice, fraud, or oppression that led to the loss of your loved one.
Non-Economic Compensation
Our law firm can help you pursue compensation for the financial expenses of losing your loved one, such as a spouse, as well as for loss of fiduciary contributions by the decedent, including:
- Costs of the decedent's burial expenses
- Financial support and future earnings up to the decedent's anticipated retirement age
- Gifts or benefits you would have received over the course of the decedent's lifetime
- Household contributions the decedent would have made such as mowing your yard, washing dishes, and doing other chores
For things with no assigned monetary value, such as labor to maintain the home, the court would assign a value to such activities to add to the economic compensation award.
Non-Economic Compensation
Non-economic compensation refers to damages the court awards for intangible losses in your wrongful death lawsuit. At our Orange County law firm, Christy Thomasson helps clients seek damages for:
- loss of companionship
- loss of guidance
- loss of moral support
- loss of sexual intimacy
- loss of society
The process of grief and learning to live again after losing a loved one often affects surviving family members for years. As your wrongful death lawyer, Christy Thomasson will help you pursue compensation for the abrupt changes in your lifestyle as you make the adjustments you need to move on in your new life after loss.
Punitive Damages
The court may award additional damages beyond your own economic and non-economic losses in your wrongful death lawsuit if it finds the defendant guilty of:
- fraud
- malice
- oppression
- willful and wanton negligence
If the defendant acted with intent to harm, disregard for the safety of others, or intent to restrict the rights of others when your family member sustained the injuries that took their life, the court may award you additional damages. The defendant will pay the additional compensation as punishment for their actions.
In cases of willful and wanton negligence, the defendant must have chosen to perform the negligent behavior with the knowledge that their actions could increase the risk of harm to others. For example, wrongful death claims due to drunk driving can qualify for damages due to willful and wanton negligence.
California limits the awards of punitive compensation because intent can be challenging to prove. You may win punitive awards if the defendant is guilty of felony murder in a wrongful death case. Other instances in which you may receive additional awards include personal injury cases such as:
- DUI car accidents
- Assault, battery, or sexual assault cases
- Wrongful termination
- Intentionally causing emotional distress
A representative of the decedent's estate may also file for punitive awards in a survivorship claim in any circumstances in which the decedent would have been able to file for damages themselves. The court may award damages to the decedent's estate if the person initially survived their injuries and could have pursued compensation themselves.
Frequently Asked Questions
Have additional questions? Give me a call at (714) 924-3292.