Always Fighting For You
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 maximize compensation for loved ones to help them cover expenses and begin to move on.
How Do You Prove Wrongful Death?
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 led to the deceased individual's harm
- The surviving plaintiff suffered damages as a result of the wrongful death
Was your loved one’s death caused by another’s negligence? When you are ready to discuss your situation with our experienced wrongful death attorney, call today at (800) 783-5006 or schedule your free initial consultation online.
Wrongful Death Claims
Losing a loved one is always heartbreaking. When the death is caused by the actions or negligence of another, it is especially challenging. In the process of grieving the loss, families may decide to explore the idea of filing a wrongful death claim. California law provides certain family members with the right to file a claim for wrongful death.
Family members with the right to file a wrongful death claim include:
- Surviving spouses
- Domestic partners
- Others dependent on the decedent, such as putative spouses, children of putative spouses, stepchildren, and parents
Although filing a lawsuit won’t bring your loved one back, it can help you cover the cost of the funeral and help provide for your day-to-day financial needs. The damages available to pursue in wrongful death cases can include medical bills prior to death, funeral expenses, loss of earnings and financial support, and loss of companionship for the surviving family members.
Wrongful death claims may arise following a variety of fatal accidents, including:
What Damages Can You Recover in a Wrongful Death Lawsuit?
Several types of damages may be recovered in a wrongful death lawsuit, including the following:
- Compensation for the deceased individual's pain and suffering leading up to their death, as well as lost income during that time
- Medical treatment expenses incurred prior to the individual's death
- Funeral costs
- Loss of inheritance
- Loss of the value of services that the deceased party may have provided, including loss of care, guidance, and nurturing
- Loss of love and companionship
- Loss of consortium (i.e., companionship, love, sexual relations, comfort, etc.)
There are some very serious consequences that come as a result of wrongful death, and they deserve to be treated seriously. You do not have to fight your case alone. The attorneys at Manning Law are ready to help you through this difficult time.
Be Mindful of Time Limits for Filing a Claim
There is no time limit on grief. However, there is a time limit for filing a wrongful death claim. In California, there is a two-year statute of limitations for wrongful death claims. This means you must file a lawsuit within two years of the decedent’s death.
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.
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.
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.
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.
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.
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.
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.
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.
We have Recovered Millions for Our Clients
Over 100 Years of Combined Experience
You Don't Pay Until We Win
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