Why Choose Kohan & Bablove for Your Wrongful Death Claim?
Selecting Kohan & Bablove Injury Attorneys means hiring a team of committed Orange County wrongful death attorneys who are dedicated to your family’s future. First, we determine the total value of your claim, which includes lost wages, funeral expenses, and loss of love and companionship.
Whether it’s reconstructing a fatal car accident in Huntington Beach or examining complex medical records, our experience in collecting evidence and establishing negligence is essential. We will handle all communication with the insurance companies, protecting you from their tactics and negotiating a fair deal.
Most importantly, we walk you through court procedures and deadlines such as the statute of limitations. A personal injury lawyer from our firm handles all of the legal details, allowing you to focus on what’s important: your family.
What Constitutes a Wrongful Death in California?
In California, a wrongful death is a death caused by the wrongful act or neglect of another person. This is the basis for all of the wrongful death claims our experienced Orange County wrongful death attorneys seek on behalf of grieving families. It’s a way for survivors to find justice if their loved one’s life was shortened because of another person’s misconduct.
Defining Negligence and Unlawful Acts
In most wrongful death cases, negligence must be established: that another person or entity failed to exercise reasonable care led directly to the fatal incident. Some examples include a distracted driver causing a fatal accident, a property owner neglecting a dangerous condition, or a doctor committing medical malpractice. The wrongful act may also be deliberate, for example, an assault.
Wrongful Death Claim vs. Criminal Case
Wrongful death claims are civil actions that are independent of criminal charges. A criminal case is intended to punish the person responsible. A wrongful death claim brought by a personal injury lawyer aims to recover monetary damages for the family’s losses. In a civil action, a person may be liable for money damages even if he is acquitted in a criminal trial.
Who Can File a Wrongful Death Claim in California?
California’s wrongful death laws are very specific as to who may apply. The state establishes a clear hierarchy of those whose rights have been infringed, and those whose rights have been most violated have the first right to seek justice. Most immediate family members and anyone financially supported by the deceased may file a wrongful death lawsuit.
Rights of Spouses, Domestic Partners, and Children
In most cases, the surviving spouse, registered domestic partner, and children of the deceased have the first right to file a wrongful death claim. These people are the first ones to inherit and have the best right to pursue damages for their emotional and financial losses, including loss of love, companionship, and support.
When Other Heirs Can File a Claim
If none of these family members survive the deceased, California law allows certain other heirs or financial dependents to bring the claim. Others who depended financially on the decedent, like a putative spouse or stepchildren, may also be eligible.
Determining who in the family should file can be complicated. The best thing to do is to contact Kohan & Bablove, Injury Attorneys. We will discuss your case and tell you what you can do.
The Kohan & Bablove Advantage: What Sets Our Firm Apart
Choosing the right legal team following a devastating loss is one of the most important decisions that your family will make. It requires a firm that knows the law and has strong advocacy focused on securing justice. Kohan & Bablove Injury Attorneys is committed to providing the best service and results. This is the Kohan & Bablove Advantage.
We are not just settlement lawyers; we are trial-ready litigators.
Many companies will try to rush you to settle, but insurance companies know our reputation. Our Orange County wrongful death attorneys treat all cases as if they are going to trial. This preparation often makes opponents offer a lot more in settlement – they know we don’t back down.
Direct Attorney Access and Personalized Attention for Every Client
You won’t be turned over to a junior associate or paralegal. If you have questions, talk to the senior personal injury attorney who is working on your case. This way, you can always be aware of the situation, and your strategy will suit your family’s needs.
Access to Top-Tier Experts for Complex Investigations
A good wrongful death case requires evidence. We provide clients with access to the best experts, including the best accident reconstructionist for fatal car accidents in Huntington Beach, medical experts to establish malpractice, and economists to determine the total financial loss you have suffered.
A Reputation for Relentless Advocacy Against Large Corporations
We are recognized for taking on big companies and powerful insurance companies. These companies have a lot of resources to help them minimize your claim. We equalize the playing field and fight for complete compensation until all responsible parties are fully accountable.
The Wrongful Death Claim Process: A Step-by-Step Guide
The prospect of dealing with a wrongful death claim while dealing with grief can be overwhelming. Our Orange County wrongful death attorneys handle all aspects of the case, allowing your family to focus on healing. Our clear 4-step process is as follows.
Step 1: The Initial Free Consultation and Case Evaluation
The first step to justice begins with a free, confidential consultation. A caring personal injury lawyer will listen to your story, examine the details of the incident, answer your questions, and provide you with an honest assessment of your case, without any obligation.
Step 2: Thorough Investigation and Evidence Gathering
After you make the move, our team begins a thorough investigation immediately. All of the important evidence is gathered, including police reports from fatal car accidents in Huntington Beach, medical records, witness statements, and expert testimony. We collaborate with accident reconstructionists, medical experts, and financial specialists to build a compelling case establishing liability.
Step 3: Filing the Lawsuit and the Discovery Phase
Once we have the evidence, we file your wrongful death case in civil court. The next phase is “discovery,” in which both parties legally share information. We handle every aspect of this stage, including depositions, interrogatories, and document requests, to ensure your rights are upheld.
Step 4: Settlement Negotiations vs. Going to Trial
The majority of wrongful death cases are resolved through negotiation. Our lawyers aggressively fight for the complete and fair compensation of all damages. However, if the insurance company does not offer a fair amount, we are prepared to go to trial for you. As proven litigators, we will fight before a judge and jury to get the justice your family deserves.
Protecting Your Family's Rights: First Steps to Take
Legal matters are understandably the last thing on your mind during the days after a tragic loss. But some steps are essential to safeguard the right to justice. The experienced Orange County wrongful death lawyers at Kohan & Bablove Injury Attorneys recommend these four key areas.
Keep All Evidence and Documentation
A solid wrongful death case hinges on evidence. Gather and preserve all evidence from the incident, including pictures or video from the scene, names and contact information of witnesses, and the official police or incident report. Maintain a folder of all expenses: funeral bills, medical receipts, etc. Even the smallest detail can be crucial to your personal injury lawyer’s case of proving liability.
Avoid Speaking with Insurance Adjusters
The insurance adjuster for the at-fault driver will likely reach out to you. They aim to reduce or deny your claim. Any statement you make can be used against you. You are not required to give a recorded statement. Do not talk about the incident, but instead politely say that they should contact your attorney.
Be Cautious About Your Social Media Activity
Insurance companies monitor the social media of claimants and their families. An innocent post or photo could be taken out of context to argue your family is not suffering as much as claimed. Avoid posting about the accident or your daily activities, and do not change the privacy settings of all of your profiles until your case is settled.
Never Sign Any Documents Without Legal Review
Insurance companies might be pressuring you to accept a short, lowball settlement and sign release forms. These documents might forever waive your right to full compensation. Do not sign anything or accept any settlement without first having it reviewed by a competent personal injury lawyer.
Causes of Orange County Wrongful Death Accidents
If you lost a relative due to injuries that were caused by another person’s negligence, you probably have a valid wrongful death case. Numerous tragic situations lead to these cases. Some of the most common causes of Orange County wrongful death cases we see include the following:
If a negligent driver is at fault in a fatal accident, he or she may be held financially liable. We handle everything from multi-car pile-up accidents to truck accidents that result in death, and we work with experts to establish negligence and hold the at-fault driver fully accountable.
The property owner is responsible for ensuring that the property is safe. If negligence causes a fall or other incident that results in death, the negligent party can be held accountable in an Orange County wrongful death claim.
Medical Malpractice and Missed Diagnoses
The betrayal is deep when a medical professional’s negligence results in a death. We deal with surgical mistakes, medication errors, and failure to diagnose treatable conditions, and work with the best medical experts to demonstrate that the standard of care was not met.
Workplace and Construction Accidents
We examine work accidents for third-party liability outside workers’ compensation. Families deserve the full justice that’s due to them, and negligent subcontractors and equipment manufacturers can be held responsible.
Defective Products
If Defective Products, whether it’s defective vehicle brakes, defective airbags, or unsafe drugs that caused a death, we hold manufacturers to a strict standard and fight for full compensation for grieving families.
Elder Abuse and Nursing Home Neglect
Nursing home neglect can lead to wrongful death through falls, malnutrition, or infection. We are strong supporters of elder abuse victims and work to uncover systemic neglect and provide justice for families.
Proving Your Case: The Elements of a Wrongful Death Lawsuit
When you win a wrongful death case, you must be able to establish a strong case that clearly demonstrates the negligence of another party directly contributed to the death of your loved one. The Orange County wrongful death lawyers at Kohan & Bablove Injury Attorneys have the legal knowledge needed to navigate these complexities for your family.
The Burden of Proof in a Civil Claim
In a civil case, the standard for determining liability is a “preponderance of the evidence,” which means that the evidence must show that the negligence of the defendant is more likely to have caused the death. This is less stringent than criminal cases. We do this by careful evidence gathering within our team.
Understanding Shared Fault (Comparative Negligence) in California
California is a “pure comparative negligence” state. Even if your loved one was partially at fault, your family can still recover damages, but the amount of damages will be reduced by the percentage of fault. An experienced personal injury lawyer can help you combat unfair blame and ensure you receive the maximum compensation possible.
The Key Distinction: Wrongful Death Claims vs. Survival Actions
Two types of claims may be filed. A wrongful death claim is a way for surviving family members to recover damages for things such as loss of financial support and loss of companionship. A survival action is brought on behalf of the estate of the deceased for losses that the deceased sustained before his or her death, including certain damages the deceased incurred before death. We frequently file both to get every dollar that your family can recover.
The Value of a Wrongful Death Lawsuit
With bills piling up and a funeral to plan, life after losing a loved one is incredibly hard. No price can replace a family member, but a wrongful death case can offer financial security to survivors. When you’re trying to calculate the value of your Orange County wrongful death claim, there are a few items that you need to consider.
Economic Damages (Financial Losses)
A skilled personal injury lawyer will collaborate with financial professionals to create a strong case, including:
- Lost Earnings – Including retirement contributions and all future income your loved one would have earned.
- Medical Bills – Hospital and medical expenses the deceased incurred due to their injuries before death.
- Funeral and Burial Costs – Costs for funeral home services, the cemetery plot, and headstone.
- Loss of Household Services – The value of the services that the deceased provided, such as child care or home maintenance.
Non-Economic Damages (Personal Losses)
- Loss of Companionship and Love – Compensation for the loss of your loved one’s comfort, moral support, and guidance. This is the loss of a parent’s wisdom for a child. For a spouse, it’s the loss of a life partner.
How Wrongful Death Damages Are Distributed
Wrongful death compensation is awarded to surviving heirs in one lump payment. California law determines how wrongful death damages are distributed among eligible heirs based on the circumstances of the case.
How Insurance Companies Try to Devalue Your Wrongful Death Claim
Insurance companies are not on your side after a tragic loss. They’re looking to safeguard their earnings and cut their payouts. Our Orange County wrongful death attorneys know what to do and are prepared to stand up and fight.
Shifting Blame to Your Loved One
They take advantage of California’s comparative negligence laws to reduce their payment.
Offering a Quick, Lowball Settlement
Early offers are virtually always less than the value of your claim. When you take one, you lose the right to want more.
Disputing the Cause of Death or Extent of Losses
Adjusters can refer to an existing condition or challenge the monetary worth of your loved one’s contribution to the household to reduce your claim.
Using Delay Tactics to Frustrate Your Family
They delay and stall the process, hoping you will take an unfair deal simply because you are tired. A competent personal injury lawyer takes care of all the correspondence and compels them to do so.
Identifying All Liable Parties Involved in a Wrongful Death Case
There may be more than one liable party. At Kohan & Bablove Injury Attorneys, the experienced Orange County wrongful death attorneys conduct a thorough investigation to ensure that all parties responsible for the accident are identified, so that your family can pursue maximum compensation.
Holding Negligent Individuals Accountable
The person who was responsible for the death through carelessness is usually the most directly liable party, such as a distracted driver, a property owner who failed to maintain the property, or a person who acted violently.
Litigating Corporations and Businesses
We pursue trucking companies for negligent hiring, manufacturers for defective products, and construction companies for unsafe work sites. Our personal injury attorney team will never be afraid to go head-to-head with powerful corporations financially.
Filing Lawsuits Against Medical Professionals and Hospitals
A negligent doctor, surgeon, anesthesiologist, nurse, or the hospital, for systemic failures, inadequate staffing, or hiring unqualified personnel.
When the cases involve the Government or Public Entities
If a government agency’s carelessness contributed to the death, for instance, a poorly maintained road or unsafe public property, a claim may be possible. The rules and deadlines are different for these cases, and legal counsel is essential.
Our "No Win, No Fee" Promise: You Pay Nothing Unless We Win
Grieving families shouldn’t have to worry about the cost of justice at Kohan & Bablove Injury Attorneys. All of our Orange County wrongful death attorneys work on a contingency fee. This is our “No Win, No Fee” promise.
What is a Contingency Fee Agreement?
We don’t charge you any legal fees unless we are able to secure compensation for your family. We collect a percentage of the final settlement or award that we have agreed in advance. You owe us nothing if we don’t win.
We Cover All Upfront Costs of Your Case
We pay for all litigation expenses, court filing fees, expert witness retainers, and investigation expenses because we believe we can win.
A Clear Explanation of Our Fee Structure
Your personal injury lawyer will discuss our fee structure in detail in writing during your free consultation. There are never any hidden costs or surprises.
Important Deadlines: The California Statute of Limitations
In California, families typically have two years from the date of their loved one’s death to file a wrongful death lawsuit. However, this deadline isn’t always easy. There are formal notice requirements in claims against a government entity that are as short as six months.
If you miss this deadline, your family will never be able to pursue compensation. That’s why it’s crucial to reach out to our skilled Orange County wrongful death attorneys immediately. Kohan & Bablove’s personal injury attorney will review the time frame of your case and will take prompt action to ensure your legal rights are upheld. Don’t take chances with 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. Kohan & Bablove, Injury Attorneys, prioritize getting your case resolved as quickly as possible to allow you to grieve without financial and legal concerns.
Schedule your free consultation with an Orange County wrongful death lawyer today, fill out the form below, or give us a call at (949) 776-2856.
