The wrongful death of a loved one brings unbearable pain. Its impact becomes even more intense and the suffering deepens when their sudden and unexpected demise was caused by someone else’s neglect and could have been avoided.
Occurrences that can lead to wrongful death cases are fairly common. They could be the result of dreadful incidents such as car or motorcycle crashes, attacks by animals, and even medical malpractice. Such devastating incidents can cause immense emotional trauma and significant financial loss.
If you have lost a loved one due to someone else’s wrongful action, contact our Newport Beach wrongful death lawyer at Libra Law Firm today at (888) 565-3214 to schedule a free case evaluation.
Reasons Behind Wrongful Death
It’s tragic that the lives of blameless people are cut short due to someone else’s negligence. In several incidents related to personal injury, wrongful death may occur. Such situations encompass car collisions, truck accidents, birth-related injuries, liability issues in products, workplace mishaps, and instances of medical malpractice.
Establishing Fault in a Wrongful Death Case
To make a successful claim of wrongful death in Newport Beach, you and your lawyer have to fulfill four primary conditions to establish the defendant’s accountability.
First, it’s important to demonstrate that the person considered to be at fault had a responsibility to act safely around the individual who has passed away. This is known as a “duty of care”. Take for instance a doctor who was looking after a patient. They were bound to provide their patients with a certain degree of competence and safety in their healthcare service.
Next, it has to be established that the accused violated the duty of care they had to the deceased person. For example, your lawyer can provide evidence that the doctor failed to correctly diagnose the patient, when another professional with the same level of education and training wouldn’t have made that error.
Then, you and your attorney have to prove that the violation of the duty of care directly caused the death of the departed individual. For instance, if a physician misdiagnosed them, it should be demonstrated that this mistake resulted in a significant progression of the injury or ailment — a situation that another doctor could’ve rectified — which ultimately led to the person’s untimely demise.
Lastly, you will need to ensure that the injuries derived from the duty of care violation are directly linked to the damages specified in your legal claim.
Who is Qualified to File a Wrongful Death Lawsuit?
In line with California legislation, the immediate family of a deceased individual can resort to a wrongful death claim to help them secure compensation or damages. These typically encompass funeral and burial costs, loss of domestic services, parental advice, as well as ongoing and potential financial aid.
Here are some of the individuals who are eligible to file a wrongful death claim:
- Spouses
- Surviving partners
- Parents
- Adult children
- Siblings
- Grandparents
- Any person with a legitimate claim to the deceased’s estate
- Any individual who relied on the deceased for financial support.
A Wrongful Death Attorney Can Help
As you fight for justice in a wrongful death claim, it’s important to be represented by a seasoned wrongful death lawyer. The Libra Law Firm has been successfully advocating for wrongful death victims for years. Our commendable service history and the affirming words of our previous clients are a testimony to our competence and experience.
Reclaiming Damages in a Wrongful Death
In a wrongful death case, winning compensation often involves demonstrating that the defendant was negligent. To do so, you must provide substantial proof that the defendant owes the victim a duty of care. Their failure to uphold this duty, due to their neglectful act, must have directly led to the victim’s death.
Unlike other personal injury lawsuits such as in auto accidents, wrongful deaths can have a far-reaching impact, particularly when the deceased was the primary breadwinner for their family.
The compensation that can be recovered in a California wrongful death case varies based on who has passed away, their role in the household, and the type of loss that the family members are dealing with. For example, if the person who passed away was a parent, the family can get compensation for the loss of parental guidance and support. Here’s a simple list of economic damages that the family can claim from the party at fault:
- Funeral and burial expenses: These may include cremation fees, funeral services, death certificate, and more.
- Medical expenses: Costs incurred for the final illness or injury treatment for the deceased
- Lost earnings: The income that the deceased would have potentially earned had they not passed away
- The value of the loss of household services.
In wrongful death claims, you can also pursue non-economic damages. Normally, these compensations are abstract in nature and often linked to pain and suffering, such as:
- Loss of guidance and moral support: The emotional suffering and hardship the family has to endure after a loved one’s death
- Loss of financial support: The financial stability and support that would have been provided by the deceased
- Loss of love and affection.
The Importance of Hiring a Personal Injury Lawyer to Pursue a Wrongful Death Claim
The loss of a loved one is difficult, and if you need to pursue a wrongful death lawsuit in Newport Beach, it’s essential to hire an experienced wrongful death attorney as soon as possible. The Libra Law Firm can give legal assistance as well as provide indispensable guidance and expertise. They’ll take on the burden of conducting a thorough investigation, opening doors to valuable resources that might otherwise be inaccessible to you.
With a deep understanding of Newport Beach’s legal landscape, the attorneys at Libra Law Firm are highly experienced in handling negligent death lawsuits. They’re flexible in their approach, tailoring their strategy to suit your unique case and preparing you for any courtroom proceedings.
Libra Law Firm’s wrongful death lawyers in Newport Beach ensure that a lawsuit is managed competently while relieving you of stress so you can truly focus on healing. From the initial consultation to the final settlement, you can rest easy knowing the entire process is being carefully handled by the caring and dedicated team at the Libra Law Firm.
Statute of Limitations for Wrongful Death Claims in California
Abiding by the statute of limitations is an important part of submitting a wrongful death claim under California law. Essentially, the statute of limitations is a window of time during which you can file a wrongful death suit. If you don’t submit your claim within this designated period, the court might decline to hear your case.
Every type of wrongful death claim is subject to its own deadline. Generally, you’re given two years from the date of the death to put forward your claim in most wrongful death cases.
Hire a Wrongful Death Attorney in Newport Beach
If you’ve suffered a family member’s death due to someone else’s negligence in Newport Beach, we at Libra Law Firm offer a helping hand. We invite you to a free consultation with one of our dedicated team members.
Please feel free to give us a call at (888) 565-3214. We are eager to understand your situation and explore how our legal expertise and resources can assist you during this challenging time.
