Wrongful Death Lawyers in Orange County

/Did your close relative pass away due to injuries caused by another person? An Orange County wrongful death claim lawyer can help you hold the responsible party accountable.

The loss of a loved one is one of the most devastating experiences a family can face. Along with profound grief, you may also confront the uncertainty of supporting your family financially. Tragically, this is not uncommon—Orange County reported 3,172 wrongful death case filings in 2023.

An experienced Orange County wrongful death lawyer from Kohan & Bablove Injury Attorneys can guide you through this difficult time. We provide compassionate yet aggressive legal representation to hold negligent parties accountable. Whether your family is coping with the aftermath of a fatal car accident, a workplace tragedy, or medical malpractice, we act swiftly to determine the cause and pursue the financial security your family deserves. During such a challenging period, you shouldn’t have to face these legal and financial obstacles alone.

Why Choose Kohan & Bablove for Your Wrongful Death Claim?

When you choose Kohan & Bablove Injury Attorneys, you are selecting a team of dedicated Orange County wrongful death lawyers fully committed to your family’s future. We begin by accurately calculating the full value of your family’s claim, meticulously accounting for lost income, funeral costs, and the profound loss of love and companionship.

Our experience in gathering evidence and proving negligence is critical, whether reconstructing a fatal car accident in Huntington Beach or analyzing complex medical records. As your advocates, we handle all communications with insurance companies, shielding you from their tactics and aggressively negotiating for a fair settlement.

Most importantly, we are your trusted partners, guiding you through complex court procedures and deadlines like the statute of limitations. A skilled personal injury attorney from our firm will manage every legal detail, allowing you to focus on what matters most—your family.

We Have Hundreds of Case Winning Records

Navigating the Unthinkable: Guidance from Kohan & Bablove Injury Attorneys

The aftermath of a sudden loss is a time of immense grief and confusion. While you are mourning, you may also face unexpected financial burdens and complex legal questions. At Kohan & Bablove Injury Attorneys, we step in to provide clear, compassionate guidance.

A wrongful death claim is a civil action that allows surviving family members to seek justice and compensation for their profound loss. Our experienced Orange County wrongful death lawyers handle everything, from investigating the incident—whether a tragic car accident in Huntington Beach or a case of medical negligence—to calculating damages. This includes funeral expenses, lost future income, and the invaluable loss of love and companionship.

A dedicated personal injury attorney from our team ensures your rights are protected against insurance companies seeking to minimize your claim. Let us shoulder the legal burden, allowing your family to focus on healing during this unthinkable time.

What Constitutes a Wrongful Death in California?

In California, a wrongful death is a death caused by the wrongful act or neglect of another. This legal principle forms the foundation of the claims our skilled Orange County wrongful death lawyers pursue for grieving families. It allows survivors to seek justice when a loved one’s life is cut short due to someone else’s irresponsibility or misconduct.

Defining Negligence and Unlawful Acts

Most wrongful death cases hinge on proving negligence. This means demonstrating that a person or entity failed to use reasonable care, and this failure directly resulted in a fatal incident. Examples include a distracted driver causing a fatal car crash, a property owner failing to fix a dangerous condition, or a doctor committing medical malpractice. The “wrongful act” can also be an intentional, unlawful one, such as an assault.

The Difference Between a Wrongful Death Claim and a Criminal Case

It’s vital to know that a wrongful death claim is a civil action, separate from any criminal charges. A criminal case, prosecuted by the state, seeks to punish the offender. In contrast, a wrongful death lawsuit, filed by a personal injury attorney, seeks monetary compensation for the family’s immense losses. A person can be held financially liable in a civil suit even if they are acquitted in criminal court.

Who Can File a Wrongful Death Claim in California?

California has strict rules on who is entitled to wrongful death benefits. The state establishes a clear order of succession to ensure that those most directly affected by the loss have the primary right to seek justice. Essentially, most immediate family members and anyone who was being financially supported by the deceased may file a wrongful death lawsuit.

Rights of Spouses, Domestic Partners, and Children

The first group with the unequivocal right to file a claim includes the deceased person’s surviving spouse or life partner, and children. These individuals are considered the primary heirs and have the strongest legal claim to seek compensation for their emotional and financial losses, including the loss of love, companionship, and support.

When Other Heirs Can File a Claim

If the deceased person has no surviving spouse, partner, or children, the right to file may pass to others who would inherit the estate. This can include the deceased’s parents or siblings. Additionally, others who were financially dependent on the decedent, such as a putative spouse or stepchildren, may also be eligible to file a claim.

Determining who in the family should bring forth the claim can be complex. The best way to understand your rights is to contact a Kohan & Bablove, Injury Attorneys wrongful death attorney. We can examine the specifics of your case and advise you accordingly.

The Kohan & Bablove Advantage: What Sets Our Firm Apart

Choosing the right legal team to represent your family after a devastating loss is a critical decision. You need a firm that not only understands the law but also provides the compassionate, tenacious advocacy required to secure justice. At Kohan & Bablove Injury Attorneys, our entire practice is built around providing a superior level of service and achieving exceptional results for our clients. This commitment is what we call the Kohan & Bablove Advantage.

We Are Trial-Ready Litigators, Not Just Settlement Lawyers

While many firms aim for a quick, easy settlement, insurance companies and defense attorneys know our reputation. Our Orange County wrongful death lawyers prepare every single case as if it is going to trial. This meticulous preparation and unwavering willingness to fight in court often forces opponents to offer significantly higher and fairer settlements. They know we will not back down from a fight to secure the justice your family deserves, giving you a powerful advantage from day one.

Direct Attorney Access and Personalized Attention for Every Client

During this unimaginably difficult time, you deserve focused, compassionate support. That is why we guarantee direct attorney access and personalized attention for every client. You will not be passed off to a junior associate or paralegal. When you have questions, you will speak directly with the senior personal injury attorney handling your case. This commitment ensures you are always informed and that your case strategy is tailored specifically to your family’s unique circumstances and needs.

Access to Top-Tier Experts for Complex Investigations

Building a powerful wrongful death claim demands compelling, undeniable evidence. We provide our clients with access to a network of top-tier experts for complex investigations. This includes leading accident reconstructionists to analyze a fatal car accident in Huntington Beach, renowned medical professionals to prove malpractice, and economists to calculate the full financial impact of your loss. These specialists help us build an irrefutable case on your behalf.

A Reputation for Relentless Advocacy Against Large Corporations

Finally, our firm has built a reputation for relentless advocacy against large corporations and powerful insurance carriers. These entities have vast resources dedicated to minimizing your claim and protecting their bottom line. We level the playing field. Our attorneys are never intimidated by aggressive defense tactics. We relentlessly pursue the maximum compensation available, ensuring that even the most formidable opponents are held fully accountable for the devastation they have caused your family.

The Wrongful Death Claim Process: A Step-by-Step Guide

Navigating a wrongful death claim during a time of grief can feel overwhelming. At Kohan & Bablove Injury Attorneys, we believe in providing clarity and support. Our Orange County wrongful death lawyers will manage every legal detail, allowing your family to focus on healing. We have simplified the complex legal journey into a clear, four-step process so you know exactly what to expect when you entrust your case to us.

Step 1: The Initial Free Consultation and Case Evaluation

Your journey toward justice begins with a free, confidential consultation. During this meeting, you can share your story with a compassionate personal injury attorney who will listen with empathy. We will review the details of the incident, answer your questions about the legal process, and provide an honest evaluation of your case’s merits. This no-obligation meeting is designed to provide you with the information you need to make an informed decision about your next steps.

Step 2: Thorough Investigation and Evidence Gathering

Once you decide to move forward, our team immediately begins a meticulous investigation. We leave no stone unturned in building a powerful case. This involves gathering all crucial evidence, such as police reports from a fatal car accident in Huntington Beach, medical records to prove malpractice, witness statements, and expert testimony. We work with leading accident reconstructionists, medical professionals, and financial experts to build an undeniable claim that clearly establishes liability and the full extent of your family’s losses.

Step 3: Filing the Lawsuit and the Discovery Phase

After gathering evidence, we will formally file a wrongful death lawsuit in civil court on your behalf. This officially initiates the legal proceedings. The next stage is “discovery,” where both sides legally exchange information. Our attorneys will handle all aspects of this phase, which includes depositions (sworn testimony), interrogatories (written questions), and requests for documents. We manage all these complex legal formalities to protect your rights and strengthen your position.

Step 4: Settlement Negotiations vs. Going to Trial

Most wrongful death cases are resolved through a negotiated settlement. Our attorneys are skilled negotiators who will aggressively advocate for a full and fair settlement that covers all your damages. However, if the opposing insurance company refuses to offer a just amount, we are always prepared to take your case to trial. As proven litigators, we will powerfully present your case to a judge and jury to fight for the justice your loved one and your family deserve.

Protecting Your Family’s Rights: First Steps to Take

In the chaotic days following a tragic loss, it’s difficult to think about legal matters. However, certain immediate actions are crucial for protecting your family’s right to justice and fair compensation. Taking these initial steps can significantly strengthen your future wrongful death claim. The experienced Orange County wrongful death lawyers at Kohan & Bablove Injury Attorneys recommend focusing on these four key areas to safeguard your legal standing while you grieve.

Preserve All Evidence and Documentation

Evidence is the foundation of a successful wrongful death claim. If you are able, gather and preserve anything related to the incident. This includes photographs or videos from the scene, the names and contact information of any witnesses, and the official police or incident report. It is also vital to keep a detailed file of all related expenses, such as funeral bills, medical costs, and receipts. Even seemingly minor details can be vital for your personal injury attorney to establish liability.

Avoid Speaking with Insurance Adjusters

You will likely be contacted by an insurance adjuster representing the at-fault party. It is critical to understand that their goal is to protect their company’s financial interests by minimizing or denying your claim. They may sound friendly, but any statement you make can be twisted and used against you. You are not obligated to provide them with a recorded statement. Politely decline to discuss the incident and direct them to speak with your attorney.

Be Cautious About Your Social Media Activity

In today’s digital age, insurance companies actively monitor the social media accounts of claimants and their families. A seemingly innocent post, photo, or comment could be taken out of context to argue that your family is not suffering as much as you claim. It is wise to refrain from posting about the accident, your feelings, or daily activities. We strongly recommend setting all your social media profiles to the highest privacy settings until your case is fully resolved.

Do Not Sign Any Documents Without Legal Review

Insurance companies may pressure you into accepting a quick, lowball settlement offer and ask you to sign release forms. Be extremely cautious. Signing these documents could permanently forfeit your right to pursue the full and fair compensation your family truly deserves. Never sign any paperwork or accept any settlement from an insurer without having it thoroughly reviewed by a qualified personal injury attorney first. Protecting your rights is our highest priority.

Causes of Orange County Wrongful Death Accidents

If you recently lost a relative due to injuries that were caused by the negligence of another, you will likely have a viable wrongful death claim. A wrongful death can stem from countless tragic circumstances, and our skilled team has the resources to pursue justice for your family, no matter the cause. Some of the most common causes of Orange County wrongful death cases we see include the following:

Motor Vehicle Accidents

Roadway collisions are a leading cause of preventable fatalities. When a negligent driver causes a fatal crash, they can be held financially accountable. We meticulously investigate these incidents, from multi-car pile-ups to fatal truck accidents, working with reconstruction experts to prove negligence and hold at-fault drivers fully accountable.

Premises Liability Accidents

Property owners, whether they’re commercial or private, must maintain safety on their grounds. When they don’t, and that negligence leads to someone’s death from a dangerous condition like a fatal fall, they can be held accountable in an Orange County wrongful death claim.

Medical Malpractice and Missed Diagnoses

When a medical professional’s negligence causes a death, the betrayal is immense. We handle complex cases involving surgical errors, medication mistakes, and the failure to diagnose a treatable condition, consulting with leading medical experts to prove the standard of care was breached.

Workplace and Construction Accidents

Our team investigates workplace accidents to identify third-party liability beyond workers’ compensation. A negligent subcontractor or a manufacturer of faulty equipment can be held responsible, allowing families to pursue the full justice they deserve.

Defective Products

Corporations must ensure their products are safe. When Defective Products—from faulty vehicle brakes and defective airbags to unsafe drugs—cause a death, we fight to hold powerful manufacturers strictly liable and secure full compensation for grieving families.

Elder Abuse and Nursing Home Neglect

A wrongful death can result from nursing home neglect, leading to fatal falls, malnutrition, or infections. We are passionate advocates for victims of elder abuse, fighting to expose systemic neglect and secure justice for families.

Proving Your Case: The Elements of a Wrongful Death Lawsuit

Successfully pursuing a wrongful death lawsuit requires more than just demonstrating that a loved one has passed away. It requires building a legally sound case that proves another party’s negligence was the direct cause. The Orange County wrongful death lawyers at Kohan & Bablove Injury Attorneys possess the deep legal knowledge required to navigate these complexities and satisfy the necessary legal standards on your family’s behalf.

The Burden of Proof in a Civil Claim

In a civil case, the “burden of proof” is less stringent than in a criminal case. We don’t need to prove guilt “beyond a reasonable doubt.” Instead, we must prove liability by a “preponderance of the evidence.” This means showing that it is more likely than not (a greater than 50% chance) that the defendant’s negligence caused the death. Our team accomplishes this by meticulously gathering and presenting compelling evidence.

Understanding Shared Fault (Comparative Negligence) in California

California follows a “pure comparative negligence” rule. This means your family can still recover damages even if your loved one was partially at fault for the accident. However, the total compensation award will be reduced by your loved one’s percentage of fault. Insurance companies often try to exploit this rule to shift blame. A skilled personal injury attorney is crucial for fighting against unfair allegations of fault and protecting your right to maximum compensation.

The Key Distinction: Wrongful Death Claims vs. Survival Actions

Two types of claims can be filed: a wrongful death claim and a survival action. A wrongful death claim compensates surviving family members for their losses, such as lost financial support and the loss of love and companionship. A survival action, filed on behalf of the deceased’s estate, seeks compensation for the losses the deceased suffered before passing, such as their medical bills and pain and suffering. We often file both actions simultaneously to ensure your family recovers all possible damages.

The Value of a Wrongful Death Lawsuit

With bills piling up and a funeral service to plan, it can be incredibly difficult to handle life once your loved one has passed away. While no monetary award can ever replace a cherished family member, a wrongful death lawsuit is designed to provide financial stability for the survivors. A few items that must be taken into account when calculating the value of your Orange County wrongful death claim include the following:

Economic Damages (Financial Losses)

Economic damages represent the tangible, calculable financial losses your family has suffered. A skilled personal injury attorney will work with financial experts to build a comprehensive claim that includes:

• Lost Earnings: This may include money placed into a retirement fund, as well as future earning potential. For instance, if your loved one died young, you should be compensated for all of that future income your loved one would never have had the chance to earn.
  
  
• Medical Bills: This might include hospital bills and other medical expenses the deceased incurred prior to passing away because of his or her injuries.
  
  
• Funeral and Burial Costs: The expenses of services provided by a funeral home, the cemetery plot, and a headstone fall into this category.
  
  
• Loss of Household Services: This covers the value of the services the deceased provided, such as childcare or home maintenance.
  
  

Non-Economic Damages (Personal Losses)

Non-economic damages compensate for the profound, intangible losses that are often the most difficult to bear. This vital category includes:

• Loss of Companionship and Love: These damages are sought when you are no longer able to experience a family relationship, including the loss of your loved one’s comfort, moral support, and guidance. For a child, this is the loss of a parent’s wisdom; for a spouse, it is the loss of a life partner.
  
  

How Wrongful Death Damages Are Distributed

Unlike damages in a survival action, which go to the deceased’s estate, wrongful death compensation is paid directly to the surviving heirs. A single lump sum award is typically given, and it is then the responsibility of the plaintiffs to divide it based on the specific degree of loss each heir suffered.

How Insurance Companies Try to Devalue Your Wrongful Death Claim

After a tragic loss, you should know that insurance companies are not your allies. Their primary goal is to protect their profits by minimizing the amount they pay out on claims. Our Orange County wrongful death lawyers are deeply familiar with their tactics and are prepared to fight back to protect your family’s rights and financial future.

Shifting Blame to Your Loved One

A common strategy is shifting blame to your loved one to exploit California’s comparative negligence laws. They may claim the deceased was partially at fault for the incident to reduce their payout.

Offering a Quick, Lowball Settlement

Insurers often prey on a family’s grief and financial vulnerability by offering a quick, lowball settlement. This initial offer is almost always a fraction of the claim’s true value, and accepting it forfeits your right to seek further compensation.

Disputing the Cause of Death or Extent of Losses

Adjusters may try disputing the cause of death, blaming a pre-existing condition, or they may challenge the financial value of your loved one’s contributions to the household to devalue your claim.

Using Delay Tactics to Frustrate Your Family

Using delay tactics to frustrate your family is another method. By dragging out the process and requesting endless paperwork, they hope you will grow weary and accept an unfair offer. A skilled personal injury attorney handles all communications, forcing them to act.

Identifying All Liable Parties in a Wrongful Death Case

Determining who is legally responsible for a fatal accident can be complex, as liability often extends beyond a single individual. The experienced Orange County wrongful death lawyers at Kohan & Bablove Injury Attorneys conduct exhaustive investigations to identify and pursue every party whose negligence contributed to your family’s loss, ensuring you can seek maximum compensation.

Holding Negligent Individuals Accountable

The most directly liable party is often the individual whose careless or reckless actions caused the death. This could be a distracted driver in a fatal car crash, a property owner who failed to fix a dangerous condition, or an individual who committed a violent act.

Pursuing Claims Against Corporations and Businesses

Often, a company shares responsibility. We pursue claims against trucking companies for negligent hiring, manufacturers for defective products, and construction companies for unsafe work sites. Our personal injury attorney team is unafraid to hold powerful corporations financially accountable.

Filing Lawsuits Against Medical Professionals and Hospitals

In medical malpractice cases, liability can rest with a negligent doctor, surgeon, anesthesiologist, or nurse. The hospital or medical facility itself can also be held liable for systemic failures, inadequate staffing, or hiring unqualified personnel.

Cases Involving Government or Public Entities

If a government agency’s negligence caused the death—such as a poorly maintained road or a dangerous public property—a claim may be possible. These cases involve unique rules and much shorter deadlines, making immediate legal consultation absolutely critical.

Our “No Win, No Fee” Promise: You Pay Nothing Unless We Win

At Kohan & Bablove Injury Attorneys, we believe grieving families should never have to worry about the cost of justice. That is why our Orange County wrongful death lawyers represent every client on a contingency fee basis. This is our “No Win, No Fee” promise to you.

What is a Contingency Fee Agreement?

A contingency fee agreement means our legal fees are entirely dependent—or “contingent”—on us successfully recovering financial compensation for your family. We are paid a pre-agreed percentage of the final settlement or court award. If we do not win your case, you owe us absolutely nothing.

We Cover All Upfront Costs of Your Case

Building a powerful case requires resources. Our firm advances all upfront litigation costs, including court filing fees, expert witness retainers, and investigation expenses. We invest in your case because we are confident in our ability to win.

A Clear Explanation of Our Fee Structure

During your free consultation, your personal injury attorney will provide a clear, written explanation of our fee structure. We ensure complete transparency, so there are never any hidden costs or surprises.

Important Deadlines: The California Statute of Limitations

In California, the law imposes a strict time limit, known as the statute of limitations, for filing a wrongful death lawsuit. Generally, your family has two years from the date of your loved one’s death to initiate a legal claim. However, this deadline is not always straightforward, and there are critical exceptions that can drastically shorten this window. For instance, claims against a government entity often require a formal notice within just six months.

If you miss this deadline, the court will almost certainly bar your case, and your family will lose the right to seek compensation forever. This is why immediate consultation with our experienced Orange County wrongful death lawyers is so critical. A skilled personal injury attorney from Kohan & Bablove will immediately assess the specific timeline applicable to your case and take swift action to protect your legal rights. Do not risk your family’s future—contact us today.

Call an Orange County Wrongful Death Attorney

When you’re grieving the loss of a loved one, your mourning period shouldn’t be disturbed by a painful legal process. At Kohan & Bablove, Injury Attorneys, we make it a priority to resolve your case in a timely manner so you can grieve without worrying about financial and legal matters.

To schedule a no-cost case evaluation with an Orange County wrongful death lawyer today, fill out the form below or give us a call at 949.535.1341.

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Citations

2023 Court Statistics Report, Statewide Caseload Trends, Judicial Council of California