Newport Beach Wrongful Death Lawyer
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 is always a traumatic time for the family, but this situation can be made even worse when the death is caused by someone else’s recklessness or carelessness. This type of situation is known as wrongful death, and it opens up the possibility that the family can seek financial damages for the hardship their loved one’s passing will cause.
If this is your situation, getting a settlement that brings your family justice and also protects your future wellbeing is of paramount concern. This process isn’t simple, however, as the other side and their insurance will do everything possible to limit the amount they’ll have to pay you.
A Newport Beach wrongful death lawyer from Kohan & Bablove, LLP can stand up for your family’s rights and make sure that you get treated fairly.
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 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.
Calculating Wrongful Death Compensation
Your Newport Beach wrongful death lawyer will work with you to determine how much your case is worth. There are numerous factors that must be accounted for, beginning with any direct expenses associated with the accident and death:
- Medical bills
- Transportation expenses
- Funeral and burial expenses
- Family medical benefits
- Retirement savings and future income
Next, we will assess the financial impact the death will have on your family. Typically, this is done by calculating what the deceased’s annual wages had been and how many years were left until retirement age.
For example, if your loved one earned $50,000 per year and died at the age of forty, it would be safe to assume that he or she would have worked at least another twenty-five years. This creates a straight loss of $1,250,000—before factoring in raises and other benefits that will also need to be calculated.
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, LLP. You can schedule your free case evaluation by using the contact form below or by calling 1-844-404-2400.