Irvine Wrongful Death Attorney
When a person suffers injury or economic loss due to the negligent actions of another person or party, the injured party can pursue a personal injury claim to seek compensation for those losses. However, if the victim dies due to the negligent conduct, the victim’s surviving loved ones will need to pursue a wrongful death claim to obtain compensation for the incident. Wrongful death claims work very similarly to typical personal injury claims with some exceptions.
The Bentley & More, LLP team has vast experience handling all types of civil actions in California, including wrongful death claims. Our attorneys understand how difficult the loss of a loved one can be, especially when it occurs due to a sudden and preventable accident. We offer comprehensive legal representation and provide compassionate assistance during difficult times for our clients.
California Wrongful Death Claims
Under California state law, only certain individuals may file wrongful death claims. Typically, the first candidates are the closest relatives, including spouses, domestic partners, or adult children. If no such kin are available to file a claim, then any other party who has any claim on the deceased individual’s estate may pursue a wrongful death claim. This may include the deceased’s parents, siblings, or other relatives. Finally, anyone who can prove they were financially dependent on the deceased may pursue a wrongful death claim as well.
Just like personal injury lawsuits, plaintiffs in wrongful death claims will need to prove a defendant’s negligence in court. Proving negligence involves demonstrating how a defendant owed the deceased a duty to act with reasonable care, violated that duty, and subsequently caused the death. Similar to personal injury claims, plaintiffs in wrongful death lawsuits can pursue various types of compensation, including:
- Funeral and burial expenses
- Medical expenses resulting from the decedent’s final injury or illness
- Pain and suffering damages related to the decedent’s final injury or illness
- Lost income, including lost wages from time spent in medical care for the final illness or injury, including future earnings the decedent would have reasonably expected to earn in the future
- Lost value of household services performed by the deceased
- Loss of love, affection, guidance, and supported the deceased provided
California also places a two-year statute of limitations on wrongful death claims, and this time limit begins on the date of the death in question. It’s important for anyone considering a wrongful death claim to act quickly to secure reliable legal representation.
Find Reliable Legal Counsel
Wrongful death claims are not pleasant ordeals, and a grieving family probably does not want to have to worry about complicated legal affairs during a very difficult time. At Bentley & More, LLP, we believe in providing compassionate legal counsel and comprehensive, aggressive representation for our clients in court.
If you have lost a loved one due to negligence in Santa Ana, Irvine, Anaheim, or anywhere else in Orange County, reach out to schedule a consultation with a member of our team. The attorneys at Bentley & More, LLP have helped hundreds of clients secure millions of dollars in compensation in various practice areas, including wrongful death. Contact us today to let us know how we can put our skills and resources to use for you.