California Wrongful Death Dog Bite Law and Damages
CALIFORNIA WRONGFUL DEATH DOG BITE LAW
Mission Viejo, California: Orange County, California: A Wrongful Death normally involves a claim against a person or company who is legally responsible for the death of an individual. The claim is brought in a civil action, usually by close relatives (legal heirs) as provided by statute.
The death must have been caused, in whole or in part, by the defendant’s conduct. The defendant can be negligent or act with intentional, willful, wanton or reckless conduct. In some instances, a party may be strictly liable for the death of another without the surviving heirs having to show any wrongdoing by the other party. The defendant must have been deemed negligent or strictly liable for the victim’s death.
In California, damages are available to the decedent’s heirs (certain family members) for economic losses (lost wages and benefits, medical and burial expenses) and also for loss of love, society, affection and companionship.
Wrongful conduct by the responsible party that is intentional, willful, wanton or reckless may also allow an the surviving heirs of the decedent to also receive punitive damages which are designed to punish the responsible party.
The standard of proof in the United States is typically preponderance of the evidence as opposed to clear and convincing or beyond a reasonable doubt. Because proving a case beyond a preponderance of the evidence (slight tipping of scales) is usually easier than a criminal prosecution (beyond a reasonable doubt), most wrongful death cases are handled in the civil court system.
In some instances, a civil and criminal case can both be filed at the same time. For example, a person may be prosecuted criminally for causing a person’s death (murder, manslaughter, criminally negligent homicide) and that same person can also be sued civilly in a wrongful death action. In civil wrongful death cases, most states have a strict statute of limitations which means that court proceedings must be properly commenced within a certain period of time after the incident or the claimant will lose his or her right to bring a claim.
If you or a family member have experienced a wrongful death because of the wrongful conduct of another person or company, you may be entitled to compensation. Please contact us to get your questions answered today! We can be reached toll free at 800-661-7044 or via our web site at www.jacksonwilson.com
Mitch Jackson and Lisa Wilson
Jackson & Wilson, Inc. (Since 1986)
Aggressive Representation for Maximum Results!
23161 Mill Creek Drive, Ste 150
Laguna Hills, CA 92653
Tel No. 949.855.8751
Toll Free No. 800-661-7044
Jon Mitchell Jackson is an Orange County California WRONGFUL DEATH lawyer who, in 2009, was named an Orange County Trial Lawyer of the Year by the Orange County Trial Lawyers Association. Mitch is the founding partner and Senior Litigation Partner of Jackson and Wilson, Inc., a top AV rated firm by Martindale-Hubbell. The firm is also listed in the Bar Register of Preeminent Lawyers, an exclusive listing reserved for the best law firms in the United States. This recent award follows several earlier recognitions this year naming Mitch as a Southern California Super Lawyer and, a rating of 10.0 or Superb by the national AVVO lawyer rating system. Mitch also serves as a Judge Pro Tem with the Orange County Superior Court and in his spare time, enjoys Rotary International. Mitch invites potential clients, family, friends, and fellow Rotarians to visit his web site and say hello. www.jacksonwilson.com