Newport Beach Wrongful Death Lawyer

Wrongful death accidents occur when someone engages in careless or reckless conduct, and such behavior leads to the untimely passing of a loved one. These accidents occur under a variety of circumstances, but any such incident could leave surviving family members grieving and struggling financially.

An experienced Newport Beach wrongful death lawyer may assist families struggling after the sudden passing of a loved one in an accident. An attorney might identify the individuals and causes of a wrongful death, possibly allowing the decedentā€™s family members to pursue compensation through a lawsuit. Such remuneration may provide the financial resources a decedent’s family needs to address the expenses associated with their loved oneā€™s death.

Requirements to File a Wrongful Death Suit in Newport Beach

California law imposes specific requirements on those who seek to file wrongful death lawsuits. Failure to comply with these requirements may prohibit a person from even filing a suit at all:

First, there must be some evidence or reason to believe that the decedentā€™s death came about as a result of anotherā€™s careless, reckless, or intentional conduct. This is an essential element to any wrongful death suit, and plaintiffs who file such lawsuits would not prevail if they cannot show a connection between the defendantā€™s course of conduct and their loved oneā€™s death.

Next, the plaintiff must have a statutorily-recognized relationship to the decedent. The decedent’s spouse, partner, or an adult child may all be able to file a wrongful death lawsuit. If none of these people exist, then a person who would have received the decedent’s property under intestate succession rules may file a wrongful death suit. Certain others may also have a right to bring a wrongful death lawsuit, such as the decedent’s stepchildren or parents, under specific circumstances.

Last, the plaintiff should file the wrongful death lawsuit within two years of the date of the decedent’s death. This is known as the statute of limitations, and it acts to prevent litigants from bringing stale legal claims against others. If the plaintiff does not file the wrongful death suit within the statute of limitations, it is subject to dismissal and denial of any claim for compensation, no matter how clear it is that the plaintiff is otherwise entitled to recovery.

Compensation Recoverable Through a Wrongful Death Lawsuit

Successful plaintiffs may recover financial compensation that tackles both the losses the decedent experienced as well as those losses experienced by the decedentā€™s surviving family members. These compensable losses may include:

  • The decedentā€™s final medical expenses
  • Physical or mental trauma the decedent suffered before death
  • Funeral and burial or cremation costs
  • Any wages the decedent did not earn before death due to their injuries and needing to miss work
  • The loss of the decedentā€™s financial support and contributions
  • The loss of the decedentā€™s company and presence

It may be challenging for grieving family members to consider all the losses and expenses their loved oneā€™s untimely death has caused. Newport Beach wrongful death attorneys, though, may provide an objective viewpoint that helps surviving family members seek a fair and appropriate amount of compensation.

Speak with a Newport Beach Wrongful Death Attorney

If your family member or loved one suddenly died due to another personā€™s negligent conduct, you may have legal rights. Speak to a Newport Beach wrongful death lawyer about whether you may file a lawsuit and obtain compensation.