When Results Matter
Newport Beach Wrongful Death Lawyers
Seeking Justice for Grieving Families throughout California
Accidents can lead to serious injuries and death. When an accident is caused by the negligence of another and results in death, the victim’s family can bring a wrongful death claim. At Manning Law, APC, our seasoned wrongful death attorneys in Newport Beach seek justice and work to maximize compensation for loved ones to help them cover expenses and begin to move forward.
Was your loved one’s death caused by another’s negligence? When you are ready to discuss your situation with our experienced Newport Beach wrongful death attorney, call today at (800) 783-5006 or schedule your free initial consultation online.
Wrongful Death Claims in California
Losing a loved one is always heartbreaking. When the death is caused by the actions or negligence of another, it becomes especially difficult. In the process of grieving the loss, families may decide to explore the option of filing a wrongful death claim. California law gives certain family members the right to file this type of claim.
Family members with the right to file a wrongful death claim include:
- Surviving spouses
- Domestic partners
- Children
- Grandchildren
- Others who depended on the decedent, such as putative spouses, children of putative spouses, stepchildren, and parents
Although a lawsuit will not bring your loved one back, it can help cover funeral expenses and provide for ongoing financial needs. The available damages in wrongful death cases may include medical bills before death, funeral expenses, loss of earnings and support, and loss of companionship for surviving loved ones.
What Causes Wrongful Death?
Understanding the common causes of these fatal incidents can help families recognize when they may have a valid claim. Our fatal accident lawyer in Newport Beach can investigate the circumstances, determine who is responsible, and guide your family through the legal process.
Wrongful death claims may arise following a variety of fatal accidents, including:
Fatal accidents in Newport Beach can happen on major roads, such as Pacific Coast Highway, or on smaller roads. Recognizing where and how these incidents occur allows us to focus on the facts that matter most in each case.
How Do You Prove Wrongful Death?
Proving wrongful death requires demonstrating that someone’s negligent, reckless, or intentional actions directly caused the loss of your loved one.
In a wrongful death lawsuit, you will need to prove:
- The responsible party owed the deceased a duty of care
- The defendant failed their duty of care
- Failure to exercise duty of care resulted in harm to the deceased individual
- The surviving plaintiff suffered damages as a result of the wrongful death
Demonstrating these four elements can be difficult, especially without legal guidance. Our dedicated wrongful death lawyer in Newport Beach can handle the investigation, guard your rights, and pursue the compensation your family deserves.
What Damages Can You Recover in a Wrongful Death Lawsuit?
Losing a loved one unexpectedly places an enormous emotional and financial burden on families. While no legal action can truly make up for such a loss, a wrongful death claim can help ease the economic strain and provide a measure of justice.
Several types of damages may be recovered in a wrongful death lawsuit, including the following:
- Compensation for the deceased individual's pain and suffering before death, as well as lost income during that time
- Medical treatment costs prior to the individual's passing
- Funeral and burial expenses
- Loss of inheritance
- Value of services the deceased provided, including care, guidance, and nurturing
- Loss of love and companionship
- Loss of consortium (companionship, love, sexual relations, comfort, and support)
Wrongful death brings significant consequences that deserve to be treated with care. You do not have to handle your case alone. The attorneys at Manning Law can help you through this difficult period.
Be Mindful of Time Limits for Filing a Claim
There is no time limit on grief. However, California law gives you only two years to file a wrongful death claim. You must file a lawsuit within two years from the date of the decedent’s death.
Starting the process early allows your wrongful death attorney in Newport Beach to gather records, secure witness statements, and comply with documentation standards specific to this region. Families who reach out promptly maintain a strong chance to pursue their case without added legal complications.
As you are grieving your loss, keep this time limit in mind. Get in touch with our Newport Beach wrongful death lawyers as early as possible, so we can begin to gather evidence and build your case.
Our Newport Beach wrongful death attorneys can help. Call us today at (800) 783-5006 or schedule your free initial consultation online.
Frequently Asked Questions
What is the difference between a wrongful death claim & a criminal case?
A wrongful death claim is a civil lawsuit filed by family members seeking compensation for the loss of a loved one caused by another person’s negligence. A criminal case, in contrast, is brought by the state and can result in penalties like jail time or fines if the defendant is found guilty.
Does a wrongful death lawsuit always go to court?
No, not every wrongful death lawsuit goes to court. Many cases can settle out of court through negotiations. However, if the parties cannot agree on a resolution, the case may proceed before a judge or jury.
How long does a wrongful death claim usually take in Orange County?
The timeline for a wrongful death claim in Orange County depends on the specific details of the case. Some cases resolve in several months, while more complex claims that go to trial may take a year or longer. Prompt evidence collection and legal filing can help avoid unnecessary delays.
Manning Law FAQ
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What Damages Can I Receive Compensation For?When your injury is caused by the actions or negligence of another person, you can take legal action to recover costs resulting from your injury. We represent clients seeking damages for the following:
Past and future medical bills:
Oftentimes medical bills can extend far beyond the individual's initial accident. The victim may require extended hospital stays, operations, and even regular checkups during their recovery process. If you were injured due to someone else's negligence, we will fight to ensure that you receive compensation for these expenses.Rehabilitation:
For injuries resulting in long-term side effects, it is important for the victim to be able to focus on their recovery and rehabilitation, rather than worrying about how they will pay for their recovery process.Lost income:
Most serious accidents will be accompanied by significant amount of time off of work. If someone else's negligence has rendered you unable to work, they should be held responsible for your loss of income during that time.Mental anguish:
Mental anguish can include various forms of depression and anxiety that someone may experience as a result of their accident, or even the loss of someone close to them.Physical pain and suffering:
This type of compensation can be pursued in regards to the physical injuries a victim has experienced and the pain and suffering that those injuries have caused them.General inconvenience
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How Long Do I Have to File a Personal Injury Claim?Under California’s personal injury statute of limitations, you generally have two years from the date of your injury to file a civil lawsuit in court against the responsible party. If the at-fault party is a government agency, you have an even tighter deadline of six months. If you do not seek legal action within this timeframe, the court will likely refuse to hear your case at any time to the future and you will lose your right to seek compensation. These deadlines can sometimes be extended under specific circumstances, such as if the injured party is a minor, the injury or the cause of the injury was not immediately apparent, or the injured individual suffers mental or physical incapacitation due to the injury. Regardless, if you are unsure how the statute of limitations applies to your case, it is important that you get an attorney involved promptly to guard your legal rights.
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If I Hire a Personal Injury Lawyer, Will I Have to Go to Court?While going to court is certainly a possibility, many personal injury claims are settled out of court through negotiations between your attorney and the responsible party’s insurance company. A trial may only be necessary if these negotiations should fail, such as in circumstances where fault is disputed or if there is a disagreement over the value of your claim. Our attorneys prepare each case as if it were going to trial to give us the best positioning possible during settlement negotiations.
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How Long Will My Personal Injury Case Take?Your case could take several months or even years to settle depending on the situation. The timeline of your case will vary depending on factors such as the severity of your injuries, the amount of medical treatment you need, complications of liability, and the level of cooperation of the responsible party’s insurance company.
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How Much Is My Personal Injury Case Worth?Your case’s value will be based on factors such as the severity and long-term impact of your injuries, the amount of medical treatment you need, the strength of evidence proving the other party’s liability, and the amount of insurance coverage available in your case. It is best to discuss your case with a skilled attorney to get a more accurate picture of your case’s potential value.
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How Much Does It Cost to Hire Manning Law, APC?Manning Law, APC accepts all personal injury cases on a contingency fee basis, which means there are no up-front costs for you. We only get paid if we are successful in your case.
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How Do I Know Manning Law, Apc Is Right for My Case?Manning Law, APC offers free consultations, works on contingency, and has recovered millions of dollars in verdicts and settlements on behalf of past clients. With more than 100 years of combined legal experience, we have what it takes to maximize your chances of securing the compensation you deserve.
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Incredible individuals who are approachable, excellent communicators, empathetic to my situation, and accessible when required. Bobby and Joanna have been exceptional, easing the stress and fear from this experience. I am deeply grateful for all your assistance. A heartfelt thank you for all your assistance.- Stephanie L. -
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