Wrongful Death Lawyers in Newport Beach

A wrongful death will leave the surviving family members dealing with unfair losses that are both emotional and financial. To get justice for your loved one through financial compensation, consult a Newport Beach wrongful death lawyer.

Losing a loved one due to another’s negligence is a devastating injustice. A Newport Beach wrongful death lawyer from Kohan & Bablove Injury Attorneys is here to provide the compassionate guidance and powerful advocacy your family deserves.

Whether the tragedy resulted from a fatal car accident on PCH, a boating incident in the harbor, or medical malpractice, we are committed to holding all at-fault parties accountable. Our dedicated personal injury attorney team meticulously handles the complex legal process, fighting for the justice and financial security you need to move forward. Contact us for a free, confidential consultation.

Compassionate Guidance for Grieving Families in Newport Beach

In the wake of a sudden, tragic loss, your family is navigating a time of profound grief and confusion. At Kohan & Bablove Injury Attorneys, our role is to provide compassionate, clear guidance when the future seems most uncertain.

A wrongful death claim is a legal path to hold negligent parties accountable and secure the financial stability your family needs to move forward after this devastating event. As your dedicated Newport Beach wrongful death lawyer, we shoulder the entire legal burden.

We meticulously investigate the circumstances of your loss—from a tragic car accident on PCH to an act of medical negligence—and handle all communications with aggressive insurance companies. A trusted personal injury attorney from our firm will ensure you understand your rights and options at every step.

Our goal is to secure justice for your loved one, allowing you to focus on what matters most: healing together as a family.

The Kohan & Bablove Difference: Local Advocacy, Powerful Results

Choosing the right Newport Beach wrongful death lawyer is a decision of immense trust. The Kohan & Bablove difference is our unwavering commitment to providing compassionate, powerful, and local advocacy.

Our firm has built a legacy of winning justice for Newport Beach families, rooted in our deep community understanding. Unlike impersonal firms, you receive direct partner involvement throughout your entire case, ensuring senior-level compassion and strategy when you need it most.

We go beyond the courtroom, offering our clients access to premier financial and grief counseling experts to help navigate the future. Finally, our dedicated personal injury attorney team has a reputation for holding negligent parties fully accountable, ensuring your loved one’s memory is honored with justice. This is our commitment to you.

We Have Hundreds of Case Winning Records

Protecting Your Family’s Rights: Immediate Steps to Take

In the disorienting days following a tragic loss, thinking about legal matters is understandably the last thing on your mind. However, taking a few key steps now can be critical for protecting your family’s future and preserving your right to seek justice. The at-fault party’s insurance company begins building a defense immediately; these actions help you build your case for the truth.

Preserve All Digital and Physical Evidence Related to the Incident

Evidence is the foundation of a successful wrongful death claim, and it can disappear quickly. Preserve all digital and physical evidence you can. This includes voicemails, text messages, or emails that may be relevant.

If a vehicle was involved, do not have it repaired or scrapped. Keep any personal effects your loved one had with them at the time of the incident. If you have photos or videos from the scene, secure them immediately. This evidence will be invaluable for your personal injury attorney to reconstruct the events.

Avoid Discussing the Matter on Social Media Platforms

It is absolutely crucial to avoid discussing the matter on social media platforms. Insurance companies will actively monitor the social media accounts of surviving family members.

A seemingly innocent post about a family memory or an update on how you are coping can be twisted and taken out of context to argue that your family’s emotional and financial loss is less severe than you claim. The safest course of action is to refrain from posting and to set all profiles to private.

Locate Important Documents (Wills, Trusts, Financial Records)

While difficult, it is helpful to begin locating important documents. This includes your loved one’s will or trust, which can help establish who has the legal right to file a claim.

You should also gather financial records, such as recent pay stubs or tax returns. These documents are essential for a Newport Beach wrongful death lawyer to accurately calculate the full economic damages, including the loss of future income your family has suffered.

Do Not Accept Any Offer from an Insurance Company Without Legal Counsel

The at-fault party’s insurer may contact you quickly with a settlement offer. Do not accept any offer from an insurance company without legal counsel. This first offer is a calculated tactic to settle your claim for a fraction of its true value, preying on your family’s grief and financial vulnerability.

Accepting it will permanently forfeit your right to seek further compensation. Politely decline to speak with them and state that your attorney will be in contact.

Do I Have Grounds for a Wrongful Death Case?

Before you can file a wrongful death lawsuit, it must first be clear that your family member’s death was due to the negligence of another party. If his or her behavior or decision led to the accident, you probably won’t have a case.

This is the concept of negligence, and your Newport Beach wrongful death lawyer will need to prove that someone else was at fault, meaning that your family member would not have died if it weren’t for the action or inaction of the other party.

Who Can File a Wrongful Death Claim in Newport Beach, California?

In California, only certain relatives of the deceased may file a wrongful death lawsuit. This includes the following relations:

• Spouse or domestic partner
• Biological children
• Lawful heir
• Financially dependent parents, stepchildren, and putative spouse

If you are unsure if you qualify or if there are multiple parties who want to sue, it is wise to schedule a consultation with a Newport Beach wrongful death lawyer to discuss the specifics of your case and whose claim will take priority.

Who Can File a Wrongful Death Claim in Newport Beach?

When a person’s death is caused by the negligence or wrongful act of another, California law specifies who has the legal right—or “standing”—to file a wrongful death lawsuit. This legal framework is designed to ensure that those most directly affected by the loss have the primary right to seek justice. Understanding your position within this hierarchy is a critical first step.

The Rights of Spouses, Domestic Partners, and Children

The law gives first priority to the deceased person’s most immediate family members. This primary group includes the surviving spouse, registered domestic partner, and all surviving children.

These individuals have the unequivocal right to file a claim to recover compensation for their own profound losses. This includes damages for the loss of financial support, love, companionship, guidance, and moral support they would have received from their loved one.

A dedicated Newport Beach wrongful death lawyer will ensure that the rights of all eligible primary heirs are fully represented.

When Other Heirs May Be Entitled to File a Claim

If the deceased person has no surviving spouse, partner, or children, the right to file a claim can then pass to other individuals. This can include the deceased’s parents or siblings, depending on who would be entitled to inherit the estate under California’s laws of intestate succession.

Additionally, stepchildren or a “putative spouse” (someone who had a good faith belief they were married) may also be eligible to file if they can prove they were financially dependent on the deceased. Determining eligibility in these situations can be complex, making the guidance of a skilled personal injury attorney absolutely essential.

Types of Wrongful Death Cases and Common Causes

A wrongful death can arise from any number of tragic, preventable incidents. The common causes of wrongful death include negligence, reckless behavior, and intentional acts. Wrongful death cases can arise from various situations, including medical malpractice, fatal car accidents, deadly workplace accidents, tragic construction accidents, catastrophic truck accidents, devastating motorcycle accidents, dangerous slip and fall accidents, and cases involving product liability.

In a unique coastal community like Newport Beach, certain scenarios unfortunately occur more frequently. An experienced Newport Beach wrongful death lawyer understands the specific nuances of these local cases and how to build a powerful claim for justice.

Fatal Car and Motorcycle Accidents on the PCH

The scenic Pacific Coast Highway is iconic, but it is also the site of numerous devastating accidents. The combination of heavy tourist traffic, distracted drivers, and high speeds can lead to fatal car and motorcycle collisions. We meticulously investigate these crashes to hold negligent drivers accountable for the tragic loss of life they cause.

Tragic Boating and Watercraft Incidents

Newport Harbor is a hub of recreational activity, but with it comes the risk of serious boating incidents. A wrongful death claim can arise from a collision caused by an intoxicated operator (BUI), reckless maneuvering, or the failure of a rental company to maintain its watercraft. We are skilled in navigating the complexities of maritime law to secure justice for families.

Medical Malpractice and Negligent Care

When we entrust our loved ones to medical professionals, we expect a high standard of care. A wrongful death can occur due to a surgical error, a missed diagnosis, or a medication mistake at a local hospital or clinic. Our firm works with top medical experts to prove when a healthcare provider’s negligence leads to a preventable death.

Premises Liability and Negligent Security

Property owners have a duty to keep their premises safe. A wrongful death can result from a fatal slip and fall caused by an unaddressed hazard or from an act of violence that occurred due to negligent security at a commercial property.

A dedicated personal injury attorney will fight to hold these property owners accountable for their failures. These cases can also involve complex issues, such as vicarious liability and the potential for punitive damages.

Wrongful Death vs. Survival Action: Understanding the Key Differences

In the aftermath of a fatal incident, California law provides for two distinct but related types of legal claims: a wrongful death action and a survival action. Understanding the key differences is crucial, as a skilled Newport Beach wrongful death lawyer will often pursue both concurrently to ensure your family receives the full measure of justice available.

Who Can File a Wrongful Death Claim in Newport Beach, California?

When a loved one is lost due to someone else’s negligence, there are important legal distinctions regarding how justice is pursued. The primary difference lies in who is being compensated. In California, only certain relatives of the deceased may file a wrongful death lawsuit.

A wrongful death claim is filed by the surviving heirs to compensate them for their own losses resulting from their loved one’s death. This group typically includes the surviving spouse or domestic partner, biological children, and any other lawful heir. In some situations, financially dependent parents, stepchildren, and a putative spouse may also have the right to file a claim.

A separate legal action, known as a survival action, can be filed on behalf of the deceased person’s estate to recover the damages that the deceased themselves suffered before they passed away.

Given the legal complexities, if you are unsure if you qualify or if there are multiple parties who want to sue, it is wise to schedule a consultation with a Newport Beach wrongful death lawyer to discuss the specifics of your case and whose claim will take priority.

The Types of Damages Recoverable in Each Action

The damages sought in each claim are different. A wrongful death action seeks compensation for the heirs’ loss of financial support, love, companionship, and guidance. A survival action seeks to recover the deceased’s medical bills incurred before death, their lost wages from the time of injury until death, and, in some cases, punitive damages. Notably, damages for the deceased’s pain and suffering are generally not recoverable in a California survival action.

Pursuing Both Claims Concurrently for Maximum Justice

To achieve maximum justice, it is often necessary to pursue both claims at the same time. This comprehensive approach ensures that all aspects of the tragedy are addressed—both the immense loss suffered by the family and the damages incurred by the victim before their passing. An experienced personal injury attorney is essential to navigate the complex procedural rules for filing and managing both types of actions effectively.

Calculating Wrongful Death Compensation

While no amount of money can ever replace a loved one, a wrongful death claim is designed to provide your family with the financial security needed to navigate a future without their support. Your Newport Beach wrongful death lawyer will work with you to determine how much your case is worth. An experienced lawyer will meticulously calculate all of your family’s losses to ensure you receive the full and fair compensation you are owed.

Recovering Economic Losses

Economic damages are the tangible, calculable financial losses your family has suffered. There are numerous factors that must be accounted for, beginning with any direct expenses associated with the accident and death.

This includes all Medical bills incurred before their passing, any related Transportation expenses, and the full costs associated with their funeral and burial expenses.

Next, we will assess the financial impact the death will have on your family. This is the cornerstone of your claim and includes the full value of the future income your loved one would have earned, which is typically done by calculating the deceased’s annual wages and projecting them over how many years were left until retirement.

We also account for the loss of crucial family medical benefits, retirement savings and future income, and other benefits like a pension.

Acknowledging Non-Economic Losses

Non-economic damages are designed to acknowledge the profound, intangible losses that are often the most difficult to bear.

This is compensation for the loss of your loved one’s love, companionship, comfort, affection, moral support, and guidance. For a child, it is the loss of a parent’s wisdom and care; for a spouse, it is the loss of a life partner. A compassionate personal injury attorney knows how to powerfully articulate the depth of this immense loss.

When Punitive Damages May Be Awarded

In rare cases where the at-fault party acted with extreme recklessness, malice, or fraud, punitive damages may be awarded. These damages are not intended to compensate your family but are designed to punish the defendant and deter similar egregious behavior in the future.

We will always investigate whether the defendant’s conduct was so reprehensible that it warrants pursuing these additional damages.

The Path to Justice: Key Stages of Your Wrongful Death Claim

Navigating a wrongful death claim during a time of immense grief can feel overwhelming. At Kohan & Bablove Injury Attorneys, we provide a clear and structured path to justice. Your dedicated Newport Beach wrongful death lawyer will manage every legal detail, allowing your family to focus on healing.

Phase 1: Initial Consultation & Strategic Case Planning

Your journey begins with a free, confidential consultation. This is more than just an intake meeting; it is a strategic planning session where you can share your story with a compassionate attorney. We will listen, provide an honest assessment of your legal options, and begin to formulate a customized strategy designed to achieve justice for your loved one.

Phase 2: In-Depth Investigation & Liability Determination

Once you entrust us with your case, our team immediately launches an in-depth investigation. We work to gather all crucial evidence, from police reports and medical records to witness statements and expert testimony. Our primary goal in this phase is to build an irrefutable case that clearly establishes the liability of all at-fault parties.

Phase 3: Valuation of Losses and Formal Legal Filings

With liability established, we work with financial experts to meticulously calculate the full, long-term value of your family’s economic and non-economic losses. We then present a comprehensive demand to the insurance companies. If they are unwilling to negotiate fairly, we will handle all formal legal filings to initiate a lawsuit in court.

Phase 4: Pursuing Justice Through Skilled Negotiation or a Trial Verdict

The final phase is focused on achieving the best possible outcome. As highly skilled negotiators, we aggressively pursue a maximum settlement. However, our reputation as fearless trial attorneys is our ultimate advantage. If the opposing side is unreasonable, we are always prepared to present your compelling case to a judge and jury to fight for the verdict you deserve.

Understanding the Statute of Limitations for Wrongful Death Claims

In California, the law imposes a strict and non-negotiable time limit, known as the statute of limitations, for filing a wrongful death lawsuit. Missing this critical deadline is a fatal error for your case, as it will almost certainly result in the court barring your family from ever seeking compensation. Understanding this timeline is absolutely essential.

The General Two-Year Deadline in California

For most wrongful death cases in Newport Beach, the general rule is that the claim must be filed within two years of the date of the person’s death. This two-year window applies to many common scenarios, such as a fatal car accident caused by a negligent driver or a deadly slip and fall on private property. While this may seem like a significant amount of time, building a powerful case requires a thorough investigation, making it crucial to act quickly.

Important Exceptions That Can Affect Your Timeline

Critically, this two-year rule is not absolute. There are important exceptions that can drastically shorten or alter your filing deadline. For example, if the wrongful death was caused by the negligence of a government entity (like a city or state agency), you may have as little as six months to file a formal notice of claim. Cases involving medical malpractice also have their own complex set of deadlines. This is why you cannot afford to wait. Consulting an experienced Newport Beach wrongful death lawyer immediately is the only way to be certain that your family’s rights are protected and all critical deadlines are met.

Preparing for Your Free Consultation: What to Discuss with Our Team

Your free consultation is a crucial first step, providing a safe space to ask questions and gain clarity. At Kohan & Bablove Injury Attorneys, we believe in empowering you with knowledge from our very first meeting. A compassionate Newport Beach wrongful death lawyer will proactively guide you through these key discussion points.

Understanding the Strengths and Hurdles of Your Potential Case

A trustworthy attorney provides an honest, realistic perspective. We will give you our candid assessment of your case, outlining its clear strengths while also identifying any potential legal or factual hurdles we may need to overcome. We believe in setting realistic expectations from the start.

Our Firm’s Philosophy on Negotiation Versus Litigation

This is a key strategic discussion. We will explain our firm’s proven philosophy: while most cases are resolved through a negotiated settlement, we prepare every single case as if it is going to trial. This trial-ready approach is our most powerful leverage, often compelling insurance companies to offer significantly higher settlements.

How We Assess the Total Monetary Value of a Wrongful Death Claim

You need to understand how your claim is valued. We will walk you through our meticulous process for assessing the total monetary value of your case, including a detailed analysis of both the economic and non-economic damages your family has suffered.

Our Commitment to Keeping You Informed with Compassion and Clarity

Communication is the cornerstone of our client relationships. We will outline our commitment to keeping you informed at every stage with compassion and clarity. You will have direct access to your attorney, ensuring your questions are always answered promptly and respectfully.

Clarifying Your Family’s Role During the Case

We believe in a partnership. While we handle all legal complexities, your family’s role is vital. We will clearly explain what will be expected of you—primarily, providing us with documents and information as needed. This ensures a smooth and effective collaboration.

Our Financial Commitment to You: You Pay No Fees Unless We Recover for You

At Kohan & Bablove Injury Attorneys, we believe that grieving families should never have to worry about the cost of seeking justice. We provide elite legal representation on a contingency fee basis, removing all financial burdens and risks from your family.

The Basics of Our Contingency Fee Arrangement

Your dedicated Newport Beach wrongful death lawyer works on a contingency fee. This means our legal fee is entirely contingent on securing a financial recovery for your family. We are only paid a pre-agreed percentage of the final settlement or court award. If we do not win your case, you owe us absolutely nothing in attorney fees.

We Absorb All Financial Risks of Your Litigation

We believe in the strength of your case, which is why we absorb all financial risks. Our firm advances every necessary cost, from court filing fees to hiring expensive expert witnesses. If we are not successful, you are not responsible for repaying these expenses.

A Transparent Breakdown of Our Fee Agreement

We provide a clear, written agreement that explains our fee structure in plain language. There are no hidden costs or surprises. Our promise is simple: no recovery, no fee.

California Wrongful Death Statute of Limitations

In California, you must file your wrongful death lawsuit before reaching the statute of limitations. This is typically two years from the date of the accident, but there are a few exceptions. Attempting to file after this time has elapsed will likely result in your case being dismissed without ever being heard.

Claims against government entities are treated differently, however, and you are only allowed six months in which to initiate your claim.

Negotiating a Settlement

Hiring a Newport Beach wrongful death lawyer is just the first step in the process. Once retained, we will gather evidence and build a strong argument demonstrating the other party’s negligence and why your family deserves compensation.

This can be an emotional process for many families, which is why our firm will handle as much of this process as possible. The good news is that the majority of these claims are successfully settled out of court, saving you from the ordeal of trial.

Many companies would prefer to avoid the attention that wrongful death suits bring, choosing to settle instead. Deciding to accept an offer is up to you, however. We will evaluate any offer made and advise you accordingly, at which point you can accept it or choose to proceed to trial.

If Court Becomes Necessary

Having an experienced Newport Beach wrongful death lawyer represent you in court is critical. This is not an easy process to manage, and when emotions are high, it becomes even more challenging. We will guide you throughout each stage of the process so that you know what to expect and can prepare yourself both mentally and emotionally.

Speak with a Newport Beach Wrongful Death Lawyer

You deserve to be compensated for the death of your loved one. Find out if you have grounds for a case and what it could be worth by speaking with a Newport Beach wrongful death lawyer from Kohan & Bablove, Injury Attorneys. You can schedule your free case evaluation by using the contact form below or by calling 949.535.1341.

Address: 20371 Irvine Ave Suite 110, Newport Beach, CA 92660

Phone: 949.535.1341

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