Newport Beach Wrongful Death Lawyer

If you lost a loved one due to the negligent actions or recklessness of another person, you are facing immeasurable loss and grief. Filing a wrongful death claim can help you seek compensation and justice for your loss while holding the at-fault party accountable.

At Beach Accident Attorneys, our Newport Beach wrongful death lawyer can help you successfully recover compensation for your losses due to your loved one's death. We offer a free consultation and no upfront legal fees. Speak to our experienced lawyer by calling us at (949) 688-4182 or contacting us online.

A wrongful death occurs when the wrongful act or negligence of a person, agency, or company causes another person's death. One of the most famous wrongful death cases is that of OJ Simpson, who was acquitted on criminal charges, but sued for wrongful death. In a wrongful death lawsuit, it must be proved that the other party failed to act with reasonable care.

Consulting with a wrongful death lawyer will give you clarity and guidance that you need. Wrongful death law varies from state to state, so if your accident occurred in California, you will need to seek the advice of a California wrongful death attorney. Additionally, finding a lawyer who has experience settling wrongful death cases will be the key to a successful outcome.

Most importantly, working with a skilled lawyer can help you identify liability and maximize your compensation. Speaking with a wrongful death attorney comes at no cost to you, as most lawyers offer a free case evaluation without the obligation to sign.

Before recovering compensation in a wrongful death lawsuit on behalf of your loved one, you need to know who can file according to California law. Under California’s wrongful death statute, the following people are allowed to file a wrongful death claim:

The decedent's surviving spouse or partner
The decedent’s surviving child or children

If none of the above parties exist, then anyone else who under California intestate succession laws would be entitled to the decedent’s estate, including:

The decedent’s parents or siblings
A minor who was financially dependent on the deceased party
Putative spouse or children
A personal representative of the deceased’s estate

Car Accidents

Traffic fatalities have been steadily increasing in recent years. According to a report from TRIP, traffic fatalities increased by 22% from 2019 to 2022. Many fatal car accidents have been linked to dangerous driving behavior, such as speeding and alcohol impairment.

Truck Accidents

While truck accidents only account for a small percentage of traffic accidents, the results are often catastrophic. Commercial trucks can weigh up to 80,000 pounds – that is a huge difference with a small passenger vehicle. Negligent truck drivers or trucking companies can be responsible if an accident results in a death.

Bicycle Accidents

Newport Beach, CA is one of the top destinations in Southern California for cycling. However, cyclists have to be on the constant lookout for speeding or reckless drivers, especially on Pacific Coast Highway (PCH). An increase in e-bikes has also led to an increase in fatal bike accidents.

Pedestrian Accidents

Balboa Island, Corona del Mar, and Lido Peninsula all see heavy foot traffic. Pedestrians are the most vulnerable road users because they lack any protection. Distracted driving, impaired driving, and speeding are all major factors in pedestrian fatalities. A majority of pedestrian accidents happen at night, when visibility is reduced.

Motorcycle Accidents

Motorcycles have a lower profile than vehicles, making them more susceptible to accidents. Motorcyclists can suffer serious injuries, such as traumatic brain injury, spinal cord injury, or broken bones. Although motorcyclists only represent a fraction of all vehicle drivers, they account for 14% of all traffic fatalities.

Rideshare Accidents

While rideshare accidents and fatalities are rare, they can still happen. Rideshare drivers may engage in dangerous driving maneuvers, or another driver may cause an accident with a rideshare. Negotiating a settlement with Uber or Lyft can be a difficult process without the help of a Newport Beach wrongful death attorney.

Funeral and Burial Expenses

Cost of a death certificate, burial plot, reception rental charges, etc.

Loss of Training and Guidance

The decedent's training and guidance

Medical Bills

Medical expenses incurred before the decedent’s death

Lost Income and Earning Capacity

Loss of the decedent's future income and earning capacity

Loss of Benefits

Benefits and household services that the decedent would have received

Loss of Consortium

Loss of companionship, love, affection, and sexual relations of the deceased

Determining liability in a wrongful death case can be the most difficult part of the legal process. This is because not all accidental or unintentional deaths are considered negligent. The plaintiff (the surviving family members) must prove the following four elements:

Duty of care: The plaintiff must prove the defendant owed the victim a duty of care. An example would be a car driver has a duty to follow traffic laws.
Beach of duty: The defendant breached their duty of care by speeding, drunk driving, running a red light, etc.
Causation: The defendant’s actions directly led to the victim’s death.
Damages: The victim’s family members suffered financial loss due to their loved one's death.

What Is the Statute of Limitations for Wrongful Death Claims?

In California, the statute of limitations for a personal injury claim is typically two years from the date of the victim's death. However, there are exceptions, such as when the victim is a minor or if the death was caused by a government entity.

How Long Does a Wrongful Death Lawsuit Take?

No two wrongful death lawsuits are the same, therefore it is difficult to say how long a wrongful death claim will take to settle. Some cases take only a few months to settle, while other cases may take years. It is best to speak with an experienced wrongful death attorney directly to understand the time frame of your case.

How Much Does a Wrongful Death Lawyer Cost?

Wrongful death attorneys work on a contingency fee basis, meaning you don’t pay unless the attorney wins your case. Like most personal injury lawyers, a wrongful death lawyer will take a percentage (typically 33%) of the settlement awarded to the victim or their family. Before hiring a lawyer, ask them about their fees and payment structure.

Will My Case Go to Trial?

Not likely. Very few California wrongful death cases actually end up in court. Court trials are costly, lengthy, and risky for all parties involved. In the rare instance where your case goes to trial, our wrongful death attorneys will prepare your case and represent you in court.

What Is a Survival Action?

Besides suing for wrongful death, the deceased person's estate can also file a survival action to recover damages that the deceased person suffered before their death. (California Code of Civil Procedure § 377.30)

If negligence contributed or caused your loved one's untimely death in Newport Beach, CA or the surrounding Orange County area, our wrongful death lawyers can help you through this painful time. Our experienced and dedicated team will be your support throughout the process. We will give you the legal assistance you need while respecting your privacy.

Contact Beach Accident Attorneys to learn more if you have a wrongful death case. We offer a free consultation and no upfront legal fees. Call us today at (949) 688-4182.