If you lost a loved one in a preventable accident in the state of California, our heart goes out to you during this extremely challenging time. Although we know that nothing can bring back your loved one, you may be eligible to file a wrongful death claim that seeks damages to help cover funeral expenses, loss of income, loss of consortium, and more.
Wrongful death is a term for cases where a person died because of the negligence of another party. At OnderLaw, LLC, we encourage you to speak with one of our skilled and compassionate Newport Beach personal injury attorneys. When you work with us, you and your family are in control. We are here to support you and help you get the answers and compensation you deserve.
Call us today at (314) 963-9000 to schedule a free initial consultation with one of our Newport Beach wrongful death lawyers. We’ll review the details of your case and help you understand your legal options.
Who Can File a Wrongful Death Claim in California?
In California, the following family members of a victim are permitted to file a wrongful death claim:
- Domestic partner
- Grandchildren (if the deceased person’s children are also deceased)
- Those who were financially dependent on the deceased person, including:
- Putative spouse, meaning the surviving spouse of a void/voidable marriage found to have believed in good faith that their marriage to the deceased person was valid
- Children of the putative spouse
- A minor who lived for the prior 180 days or longer in the deceased person’s home and was dependent on them for at least one-half of their support
What Do You Need to Prove in a Wrongful Death Case?
A wrongful death case holds that the defendant acted negligently, recklessly, or intentionally and should thus be held accountable for the individual’s death. In a wrongful death lawsuit, before any damages can be awarded, you must prove:
- A duty of care existed: With the help of an experienced California wrongful death attorney, you must prove that a defendant owed the deceased person a “duty of care.”
- The duty of care was breached: You must prove that the duty of care was breached.
- The breach of duty caused the wrongful death: Even if a duty of care was breached, to win a wrongful death claim, you must show that the breach was directly responsible for the wrongful death.
In the criminal courts, a defendant may only be convicted if a prosecutor can prove they are guilty “beyond a reasonable doubt.” However, a wrongful death lawsuit is a civil case, and therefore the burden of proof is lower. In wrongful death cases, a “preponderance of the evidence” is enough, meaning it is “more likely than not” that the defendant had a duty of care and breached that duty, which caused the wrongful death.
Compensation in a Wrongful Death Claim
Damages refer to losses your family suffered because of the wrongful death, as well as the compensation you could recover through a settlement or verdict. While each California wrongful death claim is unique, the types of damages available remain the same from case to case. The damages in a wrongful death may include:
- Funeral and burial expenses
- Lost benefits like insurance
- Loss of consortium
- Loss of inheritance resulting from the death
- Pain and suffering and mental anguish caused to the survivors
The Newport Beach wrongful death lawyers at OnderLaw, LLC have a long track record of holding negligent parties accountable when their actions or inaction cost someone their life. We are also keenly focused on helping the person’s family get a measure of closure and ensure that they won’t struggle financially in the aftermath of this tragedy.
California Statute of Limitations on Wrongful Death
In California, wrongful death lawsuits must be initiated within two years of the date of the accident. If you fail to abide by this statute of limitations, it is likely that your wrongful death case will be dismissed by the court. Don’t let this happen to you.
If your loved one died in an accident in Newport Beach that was the result of someone’s negligence, the skilled and compassionate wrongful death lawyers at OnderLaw, LLC can help. The sooner you contact us, the better.
Common Causes of Wrongful Death
At OnderLaw, LLC, we handle wrongful death cases that are the result of a variety of accidents, such as:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Bicycle accidents
- Drowning or boating accidents
- Pedestrian accidents
- Uber & Lyft accidents
- Scooter accidents
- Aviation accidents
- Drunk driving accidents
- Defective or dangerous products
- Accidents at work
- Construction accidents
- Dog attacks
- Slips, trips, and falls
- Elder abuse
- Medical malpractice
How Our Wrongful Death Lawyers Can Help
Families file wrongful death claims against the party responsible for their loved one’s death. If you lost a loved one due to someone’s negligence or recklessness, a wrongful death claim can help you hold the at-fault party accountable and provide you and your family with the compensation you need and deserve.
The Newport Beach wrongful death lawyers at OnderLaw, LLC can help you with a wide array of critical tasks, including but not limited to:
Our lawyers will be able to focus on the law and your case while you and your family are grieving. Because our lawyers will handle all the challenging legal aspects of your case, you can focus on mourning and starting the healing process. Our attorneys will support you at all times as you focus on your family and yourself.
Saving you time and money.
Wrongful death cases may last many months or even years. If you try to navigate the process alone, it will take a significant toll on your schedule and finances. It is always advisable to retain an experienced wrongful death lawyer. At OnderLaw, LLC, we are well-versed in the complicated legal process that comes with wrongful death cases. We will handle all the tasks for you so you can spend your time with your family. We know exactly know what to do, how to do it, and how long it will take. This will save you save time and money.
Evaluating the value of your claim.
With wrongful death claims, the compensation awarded can vary widely from case to case. The wrongful death lawyers at OnderLaw, LLC have been dealing with these cases for many years and understand how to properly value your claim so that you can recover the maximum compensation. We will thoroughly evaluate the wrongful death and put together a case that shows all the ways in which the tragic loss has impacted your family.
When evaluating your claim, an attorney will take into account all aspects of it, including:
- Medical bills for your loved one’s care
- Funeral and burial expenses
- Lost wages
- Pain and suffering
- Mental anguish
Obtaining compensation for your family.
Bills pile up in the weeks and months after your loss. In addition to immediate costs, such as the medical bills and funeral and burial expenses, there may be loss of income, pain and suffering, and more. Having a skilled wrongful death attorney in your corner will greatly increase your chances of being fully compensated.
Answering all your questions.
The wrongful death attorneys at OnderLaw, LLC have access to highly skilled and knowledgeable experts, such as doctors and medical professionals, who can strengthen your case. You might be unfamiliar with the law regarding wrongful death in California and have many questions along the way. With our attorneys on your side, you will be comfortable calling us whenever you have a question.
Contact a Newport Beach Wrongful Death Lawyer
A wrongful death case can be overwhelming for the surviving family members. At OnderLaw, LLC, our experienced Newport Beach wrongful death lawyers are here to provide support for your family during this incredibly difficult time.
We understand how insurance companies operate. They will do everything they can to make sure you do not receive what you are due, even with wrongful death cases. At OnderLaw, LLC, our highly skilled and compassionate wrongful death attorneys are ready to help you and your family in your time of need.
You are in charge of your claim. If you feel that a settlement offer is enough to compensate you and your loved ones for what you’ve been through, we’ll understand. If you want to fight for more, we’ll be prepared to take your case to trial and get the justice that your loved one deserved.
When you hire us, you can have full confidence that we will handle your claim with the utmost care and professionalism. Our Newport Beach wrongful death attorneys will do everything they can to recover the compensation you and your family deserve for this tragedy. Call now at (314) 963-9000 to schedule a free and confidential consultation with our committed wrongful death attorneys.