Orange County Wrongful Death Attorneys
The loss of a loved one is always extremely difficult, especially when caused by negligent actions of another party.
Helping Grieving Families for Over Forty Years
During our 40-plus years in practice, we at Allen Flatt Ballidis & Leslie have stood beside many families as they mourned the loss of a loved one while facing an uncertain future. We consider it our duty to get Southern California families just compensation for a wrongful death, so that they can concentrate on healing and moving on. If you feel the loss of your loved one was the result of another party's negligence, you need to consult an experienced wrongful death attorney. To find out more, call our Newport Beach offices for a free case evaluation at (949) 752-7474.
What Happens in a Wrongful Death Case?
A wrongful death claim can arise when a person dies in an accident due to the negligence of another party. The deceased person’s survivors can bring a wrongful death claim against a negligent third-party.
How Long Does A Wrongful Death Lawsuit Take?
Wrongful death claims should be made promptly and if it becomes necessary to file a lawsuit to preserve the claim, the claim falls under the statute of limitations which means the claim must be settled or a lawsuit must be filed within two years from the date of the decedent’s death. If a wrongful death case is not settled or a lawsuit filed in California’s civil court system within two years, the family may lose the right to make a claim. If the death involves a minor, the statue may be tolled.
We highly encourage you to speak with one of Allen Flatt Ballidis & Leslie’s wrongful death attorneys for further details, as California law can be complex. It is important to know how the law applies to any potential wrongful death claim you may have and our experienced, compassionate, and knowledgeable attorneys are here to help you during a difficult season in your life.
Why it is Important to Act Quickly?
As with all accidents, it is important to act quickly to preserve any evidence which indicates how the accident occurred. The family of the deceased is often too grief stricken to think about hiring an attorney. They do not realize why it is essential to make a claim promptly to safeguard their rights and gather the evidence to hold the negligent party(ies) responsible.
In incidents involving death, the affected family can contact our experienced and compassionate attorneys to identify if a wrongful death claim can be filed against a negligent party.
Who Can File a Wrongful Death Claim in California?
A number of people are eligible to file a wrongful death claim in our state. According to §377.60 of the California Code of Civil Procedure, those people include the:
- Deceased person's spouse.
- Deceased person's domestic partner.
- Deceased person's children.
If none of the above parties exist, or choose not to file a wrongful death claim, anyone who could potentially inherit property from the deceased's estate may file a wrongful death lawsuit in Costa Mesa. This may include the following:
- The deceased person's parents.
- The deceased person's immediate siblings.
- Named, nonrelated dependents of the deceased.
- The deceased's putative (generally considered or reputed to be) spouse and stepchildren, if they can show they were financially dependent on the deceased.
What Damages Can Be Claimed in a Wrongful Death Lawsuit?
While no amount of money can replace a lost loved one, certain types of financial compensation can help secure the future of surviving family members. Damages that can be sought for a wrongful death include:
- Funeral and burial expenses.
- Medical bills incurred in attempts to save the deceased.
- Pain and suffering of the deceased before death.
- Loss of future income.
- Loss of future benefits, such as retirement and medical benefits.
- Loss of love, affection, sexual relations, companionship, guidance, etc.
- Loss of household services the deceased performed, such as childcare, vehicle and property maintenance, bookkeeping, etc.
- Punitive damages.
What Is the Statute of Limitations for Wrongful Death Claims?
In most cases, a wrongful death lawsuit must be filed within two years of the date of the death, or the date when the cause of death was discovered. However, there are several exceptions. If the cause of death involves a public agency, such as a collision with a police car, you only have six months within which to file the claim. In the case of a minor who's lost a parent, the minor has two years from the date of their 18th birthday to file the claim. In cases where medical malpractice is involved, the statute of limitations is generally three years from the date of death, or one year from the date the cause of death should have been discovered. Special rules may apply in cases involving medical malpractice or product liability, if the cause of the death is only discovered at a later date. An example would be a medical procedure that is later determined to be fatal, or an ingredient in a product that is later found to cause cancer.
Because the statute of limitations in California can fluctuate so widely, it is important to speak to a local Orange County personal injury attorney as soon as possible.
Exceptions to a Wrongful Death Claim
A wrongful death claim cannot be made in cases of justifiable homicide. A wrongful death claim cannot be made for an unborn child in California, though it is possible in other states. However, California is one of the few states where family members of a suicide victim CAN file a wrongful death claim if another party's negligence or actions contributed to the death. Examples of such would be: cases where a psychiatrist or therapist should have seen signs of potential suicide and did not take action, or cases where bullying was involved.
While we at Allen Flatt Ballidis & Leslie sincerely hope you never need our services, rest assured we will be there for you if you do. Just call our Newport Beach law office for a free consultation by dialing (949) 752-7474.
Hire A Wrongful Death Law Firm in Newport Beach
Suffering the death of a loved one can be one of the most challenging ordeals an individual can go through in a lifetime. Nonetheless, when a loved one is wrongfully killed because of another person’s negligence or a businesses’ negligence, the situation could be much more challenging.
That is why the wrongful death attorneys at Allen Flatt Ballidis & Leslie are committed to offering you the legal services you need to get the compensation you deserve.
When You Need a Wrongful Death Lawyer Orange County, Call Allen Flatt Ballidis & Leslie
Our legal team is recognized for protecting the rights of injured victims and their families. We are always here to support you during the unexpected and challenging times in life. Learn more about your legal case options and take advantage of a free consultation with one of our wrongful death lawyers in Orange County.
We take all our personal injury cases on a contingency fee basis, which includes wrongful death cases. This means you don’t pay us unless we win your case. Contact us at (949) 752-7474 to get a no-obligation, free wrongful death consultation.
Contact Our Orange County Wrongful Death Attorneys
Losing a loved one is not just emotionally upsetting, it can also have profound consequences on a family’s financial well-being. Let our knowledgeable Orange County wrongful death attorneys at Allen Flatt Ballidis & Leslie help you recover the compensation you deserve.
Our firm’s experienced investigators can assess the evidence to identify the proper compensation for your family members. Our attorneys have defended thousands of injured clients in Orange County, and throughout the State of California. We fight aggressively, in and out of the courtroom, for the compensation our clients deserve in a wrongful death case. Our legal team thoroughly investigates and obtains evidence to show liability and pursue compensation for the losses you and your family may have experienced—and that you may continue to face due to your loved one’s death.
Wrongful Death Verdicts and Settlements
- Confidential - Father died in an auto accident
- $1,000,000 - Construction worker died in fall accident
- $550,000 - Wrongful death involving an accident with a rental car
Click here for more case results.
Additional Information
- When Families Argue About Wrongful Death Benefits
- The Rights of Divorced Parents in Wrongful Death Claims
- Fatality Statistics - IIHS
- Mortality Data - CDC
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