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Newport Beach Wrongful Death Lawyer

Wrongful Death Attorney in Newport Beach, CA

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 hiring a Newport Beach wrongful death lawyer may help hold the responsible party accountable.

Newport Beach Wrongful Death Guide

At Bentley & More LLP, we 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.

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What Constitutes Wrongful Death in California?

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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 the use of faulty products. The death must have occurred as a result of a preventable act that would support a personal injury claim. For a death to be considered wrongful in the legal sense, the following four statements must be true:

The person or party liable for the death had a duty of care to preserve the safety of those around them.
The liable party breached their duty of care.
The deceased person died as a direct result of the liable party’s negligence or wrongful actions.
The deceased person’s death was preventable if the liable party had exercised reasonable care.

If you are unsure whether or not your loved one’s death constitutes a wrongful death, there is a helpful question you can ask as a test. If your loved one had survived their injuries, could they file a personal injury claim to recover damages? If so, it is likely that you have grounds to make a legitimate wrongful death claim.

California law allows certain family members to bring legal action in these situations. In order to file a claim, you will have to show that you are a qualifying family member. The process often includes gathering evidence, documenting losses, and holding the responsible party accountable. Here’s what you should know about wrongful death claims.

Types of Accidents Leading to Wrongful Death Claims

Similar to personal injuries, wrongful deaths can occur as a result of a wide range of situations, such as negligence or recklessness, that can arise anywhere. However, there are some relatively common scenarios. The following are a few examples:

Medical malpractice. Medical mistakes are more common than one might like to think, and they frequently contribute to patient deaths. In fact, up to 9.5% of all deaths that occur in hospital settings are directly attributable to medical malpractice.
Car accidents. Car crashes are a daily reality of modern life. In Newport Beach and other big cities, accidents happen every day. Whether it is a collision on MacArthur Boulevard, a truck accident on the 73, or a motorcycle wreck on Balboa Peninsula, a roadway accident can easily turn into a wrongful death case.
Premises liability accidents. When you go to a property someone else owns, you expect the owner to keep it reasonably safe. Premises liability cases involve accidents caused by hazards that property owners failed to notice or mitigate.
Criminal activity. Sometimes, deaths that occur as a result of criminal activity, such as robberies, result in wrongful death claims. These are civil actions, completely separate from criminal charges.

These are just a small handful of situations that can lead to a wrongful death and a subsequent legal claim. No matter how a wrongful death happens, the families of victims have the legal right to pursue compensation to reduce their financial burdens and move forward with life.

What Damages Can Be Recovered in a Wrongful Death Case?

If you file a wrongful death claim, you should be compensated for all of the losses associated with the death of your loved one. The general categories of wrongful death compensation are as follows:

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, and 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, and 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 involving 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 file a claim. 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 for a free consultation to discuss your legal options.

Who Can File a Wrongful Death Claim 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. Primary beneficiaries include the following:

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 the following:

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 claim. Missing it can result in your case being dismissed permanently, no matter how strong the evidence may be. The following are some important timeline considerations to think about if you are planning to file a wrongful death claim in California.

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 claim. 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. In some 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 claim 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.

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. The following are some steps you can take immediately after a fatal accident that can help you later when you begin to seek compensation:

Look after your own safety. Seek medical treatment, and make sure that everyone else is safe, too.
Call the police. Any time there is a serious accident, the police should be on the phone. With any luck, someone will be on the scene within a few minutes to render aid and begin gathering information.
Document the scene. Use your phone to take photos and videos of the accident scene before anything is moved or changed.
Get witness contacts. If anyone else was present and saw the accident, get their names and contact information. They may be able to provide statements in support of your case at a later date.

Just as important as the things you should do are the things you should be careful not to do. These include admitting fault (even partial responsibility), providing more information to your insurance company or the liable party’s insurance company than you are asked for, and talking about settlements or other resolutions without your attorney present.

When to Hire a Wrongful Death Lawyer

If you have lost a loved one, and you believe their death occurred because of someone else’s negligence, carelessness, or wrongdoing, you should hire a wrongful death lawyer as soon as you are able to do so. Ideally, you could contact an attorney before you even leave the scene of the accident. The sooner you hire a lawyer, the sooner they can begin to give you the legal advice you need to get the compensation you deserve.

In the process of pursuing compensation for a wrongful death, the liable party’s insurance company is usually the first place to file a claim. When you have an attorney representing you, they can file that claim for you and communicate with the insurance company on your behalf. This can sometimes lead to a better outcome with your initial insurance claim because hiring an attorney early shows that you are serious about pursuing compensation.

However, insurance companies are, at the end of the day, out to make a profit. Therefore, they tend to deny claims they should cover and underpay claims they accept. If this happens, your lawyer can help you push back against an unfair settlement offer. If the insurance company cannot or will not provide a reasonable settlement, your attorney can help you proceed with filing a wrongful death claim.

How Our Newport Beach Wrongful Death Attorneys Can Help

Bentley & More LLP understands what families go through after a tragedy. Our team works hard to build strong cases that get real results. When you come to us for help with your wrongful death claim, we handle the whole process, from beginning to end, including but not limited to all of the following aspects of the case:

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 the causes of accidents, the 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.
Advocating for fair compensation. 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.

FAQs

Q: How Much Does It Cost to Hire a Wrongful Death Attorney?

A: The cost of hiring a wrongful death attorney can vary significantly based on how complex your case is, which lawyer you choose, and how much time they ultimately must spend on your case. At Bentley & More LLP, we work on a contingency basis. That means you don’t pay legal fees unless there’s a financial recovery.

Q: Can I Still File a Claim if My Loved One Was Partially at Fault?

A: Yes, you can still file a wrongful death claim even if your loved one was partially at fault for the accident that resulted in their death. California uses a comparative fault rule, so personal injury and wrongful death victims can still recover some compensation even if the other party does not bear all of the liability. You may still recover money even if your family member shared some blame.

Q: What if There’s No Will or Estate?

A: When people pass away unexpectedly, they are often not prepared for the end of life in any way, and that includes estate planning tasks like writing a will. If your loved one died without a will or estate, you can still bring a wrongful death claim. The court may appoint someone to act on behalf of the family.

Q: How Is the Settlement Divided Among Family Members?

A: The purpose of a wrongful death settlement is to compensate family members for pain and suffering, and also to offset the financial burden the loss of the deceased person creates. 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.

Q: What if the Responsible Party Has No Insurance?

A: In most wrongful death cases, insurance is an option for seeking compensation. People are required to carry car insurance, homeowner’s insurance, malpractice insurance, and so on. However, sometimes it may happen that the liable party in a wrongful death case is uninsured. In that case, we look at other options. This might include employer coverage, property owners, or product manufacturers, depending on the case.

If You Are in Need of Legal Representation, Contact Bentley & More LLP Today

Navigating a loved one’s wrongful death can be incredibly painful and traumatic. At Bentley & More LLP, we are ready to help you every step of the way. For a free case evaluation and legal consultation with a Newport Beach personal injury lawyer, please contact us online today.