Newport Beach Wrongful Death Attorney
Losing a loved one in an unexpected accident can change everything in an instant. California law defines wrongful death as a fatality caused by another person or company’s careless or unlawful actions. These cases don’t just bring grief: they often leave families with unexpected expenses and long-term financial hardship. Legal action won’t bring someone back, but it may help hold the responsible party accountable.
At Bentley & More LLP, a Newport Beach wrongful death lawyer can help your family understand your legal rights and how to move forward. Whether the loss happened along Pacific Coast Highway or at a job site near the airport, you can contact our team for a free consultation to discuss your options.
What Constitutes Wrongful Death in California?
Wrongful death happens when a person dies due to someone else’s careless or illegal behavior. This might include traffic violations, unsafe property conditions, or using faulty products. The death must have occurred as a result of a preventable act that would support a personal injury claim if the person had survived.
California law allows certain family members to bring legal action in these situations. The process often includes gathering evidence, documenting losses, and holding the responsible party accountable. Here’s what to know.
Types of Accidents Leading to Wrongful Death Claims
Wrongful deaths in Newport Beach can result from various incidents. Common causes include:
- Car crashes on MacArthur Boulevard
- Falls at commercial properties near Fashion Island
- Truck collisions on the 73 Freeway
- Motorcycle wrecks on Balboa Peninsula
Any preventable death caused by unsafe actions may lead to a legal claim.
Legal Requirements for Filing a Claim
To file a wrongful death claim in California, you’ll need to show:
- A person died
- Their death was caused by someone else’s negligence or unlawful act
- The surviving family members suffered losses
- A representative has the legal right to bring the claim
Collecting the right proof and acting quickly makes a difference.
What Damages Can Be Recovered in a Wrongful Death Case?
Economic Damages
These are the actual money-related losses caused by the death, such as:
- Lost income the deceased would have earned
- Medical bills from treatment before death
- Funeral and burial expenses
These losses are based on real costs and can be supported by records and receipts.
Non-Economic Damages
These include losses that don’t come with a price tag but deeply affect a family, such as:
- Loss of companionship or support from the person who passed
- Grief and emotional suffering of survivors
- Loss of guidance, especially for children left behind
Though harder to measure, these losses often have lasting impacts.
Punitive Damages
In rare cases, punitive damages apply. These aim to punish especially reckless or harmful behavior. For example, a drunk driving case with repeat offenses may lead to this type of award. These damages are not meant to repay losses but to deter similar behavior in the future.
If you’ve lost a loved one due to someone else’s negligence or misconduct, you may have the right to sue. A compassionate wrongful death lawyer can help you seek justice, hold the responsible party accountable, and secure the financial support your family needs. Don’t wait: call us today to discuss your legal options in a free consultation.
Who Can File a Wrongful Death Lawsuit in California?
In California, only certain people have the legal right to file a wrongful death lawsuit. These rules are set out in California Code of Civil Procedure § 377.60. The right to file is generally based on the person’s relationship to the deceased and whether they were financially dependent on them.
Here’s a breakdown of who may qualify:
Primary Beneficiaries
These are the individuals who usually have the strongest legal standing to file a wrongful death claim:
- Surviving Spouse or Registered Domestic Partner: A legal spouse or registered domestic partner can sue for wrongful death. This includes same-sex partners who are registered with the state.
- Children: Biological or legally adopted children of the deceased may also file. If the child is a minor, a guardian may need to act on their behalf during the case.
- Grandchildren (If the Children Are Deceased): If the deceased person’s children have already passed away, their grandchildren can step in as claimants.
Secondary Beneficiaries
If none of the primary beneficiaries are available, other close family members or dependents might have the right to file, including:
- Parents of the Deceased: This is more common when the deceased was a child or when the parents were financially supported by the adult child.
- Siblings: If they relied on the deceased for financial support or services, siblings may qualify.
- Other Financial Dependents: Anyone who can prove that they lived with the deceased and relied on them financially may be eligible. This includes stepchildren or others not related by blood or marriage.
Legal Standing Requirements
To bring a wrongful death claim, the person filing must show:
- A valid relationship recognized under the law
- That they experienced losses (emotional or financial) as a result of the death
In cases with multiple eligible claimants, the lawsuit may be filed jointly, or one person may file on behalf of all eligible survivors.
If you’re unsure whether you qualify or what is needed to prove wrongful death, it’s a good idea to speak with an attorney. They can help determine if you have legal standing and guide you through the next steps.
How Long Do You Have to File a Wrongful Death Claim?
California sets strict deadlines for filing a wrongful death lawsuit. Missing it can cause your case to be dismissed permanently, no matter how strong the evidence may be.
California Statute of Limitations
Under California law (Code of Civil Procedure § 335.1), the family usually has two years from the date of the person’s death to bring a wrongful death lawsuit. This Statute of Limitations applies in most situations, including car accidents, falls, or other types of personal injury cases that result in death.
Discovery Rule Exceptions
Sometimes, the cause of death isn’t known right away. In those cases, the deadline may start from the date when the family discovered, or reasonably should have discovered, that someone else’s negligence caused the death. This is known as the discovery rule.
For example, if a faulty product caused a fatal incident but the defect wasn’t discovered until months later, the clock might start from the date the issue became clear, not the date of death.
Factors That May Extend the Deadline
A few special circumstances might pause or delay the statute of limitations:
- Minors: If the person eligible to file the claim is a minor, the clock may not start until they turn 18.
- Mental incapacity: If the person with legal standing is mentally incapacitated, extra time may be allowed.
- Fraud or concealment: If the responsible party hid evidence or lied about what happened, the deadline may be pushed back.
Consequences of Missing the Deadline
Failing to file the lawsuit on time can end the case before it starts. The court is likely to dismiss the claim, and the family loses the opportunity to recover financial support or hold the responsible party accountable.
That’s why it’s so important to speak with a wrongful death attorney as soon as possible. Acting early allows time to gather evidence, interview witnesses, and build a solid case before the clock runs out. Don’t hesitate to contact us.
Common Causes of Wrongful Death in Newport Beach
In a busy city like Newport Beach, many types of accidents can lead to wrongful death. These tragedies can happen on roads, at work, in public areas, or in private homes.
Motor Vehicle Accidents
Car, truck, and motorcycle crashes are a major cause of wrongful deaths. Rideshare vehicles and drunk drivers also play a role. For example, a fatal crash near Newport Center Drive involving a distracted driver may lead to a wrongful death case.
Workplace and Construction Accidents
Workers on construction sites or in industrial jobs near the Newport Beach Business District may suffer fatal injuries due to unsafe equipment, lack of training, or failure to follow safety rules.
Pedestrian and Bicycle Accidents
Crosswalks along Westcliff Drive or bike lanes near Upper Newport Bay have seen deadly collisions involving cars that fail to yield or speed through intersections.
Defective Products
Dangerous or faulty items sold to the public can lead to deadly incidents. For instance, an unsafe appliance purchased at a local retailer could result in fire or electrocution.
Slip and Fall Accidents
Falls from unsafe balconies or staircases in rental units near Lido Marina Village can lead to fatal injuries, especially among older adults.
Dog Bites
Certain fatal injuries from dog attacks occur in neighborhoods like Harbor View. Property owners can be held liable if their dog causes a deadly injury.
Premises Liability
Fatal accidents can occur at places like shopping centers or hotels where owners fail to keep the property safe. These incidents often involve hidden hazards, poor lighting, or broken safety features.
Nursing Home Injuries
Elderly residents at care facilities in neighborhoods such as Santa Ana Heights may die from falls, neglect, or lack of proper care. These deaths often raise legal questions.
Traumatic Brain Injuries
Severe blows to the head, often from traffic crashes or falls, may result in fatal brain trauma. A skateboarding incident on Back Bay Drive, for example, could result in deadly injury if safety measures were ignored.
What Should You Do After Losing a Family Member in an Accident?
When someone dies unexpectedly, it’s hard to know what steps to take. While grief takes time, protecting your rights can’t wait. There are many misconceptions about wrongful death claims, and taking early, informed action can make all the difference.
Immediate Steps to Take
Right after the accident:
- Make sure everyone else is safe and seek medical help if needed
- Contact the police to document the incident
- Take pictures or videos of the scene before anything changes
Protecting Your Legal Rights
Even in the early stages:
- Don’t admit fault or point fingers
- Write down what you see and hear
- Tell your insurance company only the basic facts
Gathering Important Information
This helps your case later:
- Get names and phone numbers of witnesses
- Save camera footage, if available
- Request police and incident reports
Seeking Legal Representation
Getting help early matters:
- Starting early means better access to evidence and witnesses
- Look for a firm that focuses on results and client service
- Bring paperwork and questions to your first meeting
How Our Newport Beach Wrongful Death Attorneys Can Help
Case Investigation and Evidence Gathering
We collect police reports, witness statements, video footage, and more. This helps build a solid case from the start.
Expert Witness Coordination
We work with professionals who understand accident causes, financial impact, and other key issues. Their insights help explain the case clearly to insurers or juries.
Insurance Negotiation
If an insurer refuses to settle for a fair amount, we push back. We won’t let them pressure families into unfair outcomes.
Court Representation
If the case goes to trial, we’ll present the facts, question witnesses, and argue your case to the judge or jury.
Emotional Support and Guidance
We stay in contact throughout the process. You’ll always know what’s happening and what to expect.
Maximizing Your Recovery
We look at every angle of the case to identify all possible sources of compensation. This includes wages, benefits, and losses that aren’t easily measured in dollars.
Handling All Legal Paperwork and Deadlines
We keep track of every form, court deadline, and filing requirement. You don’t have to worry about missing a step.
For a free case evaluation and legal consultation with a Newport Beach wrongful death lawyer, please call us at (949) 870-3800 or contact us online.
Keith More
Wrongful Death Lawyers
Frequently Asked Questions About Wrongful Death in CA
How much does it cost to hire a wrongful death attorney?
Bentley & More LLP works on a contingency basis. That means you don’t pay legal fees unless there’s a financial recovery.
Can I still file a claim if my loved one was partially at fault?
Yes. California uses a comparative fault rule. You may still recover money even if your family member shared some blame.
What if there’s no will or estate?
You can still bring a wrongful death claim. The court may appoint someone to act on behalf of the family.
How is the settlement divided among family members?
If the case settles, the money is typically divided based on family relationships and level of dependence. The court may decide if there’s disagreement.
What if the responsible party has no insurance?
In that case, we look at other options. This might include employer coverage, property owners, or product manufacturers depending on the case.
Client Testimonial
“I’ve had the pleasure of working with Bentley & More for the past 5–6 years. Their drive and compassion to earn great results for their clients is obvious to everyone who works with them.
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Bentley & More LLP – Newport Beach Office
4931 Birch Street
Newport Beach, CA 92660
Phone: (949) 870-3800