Wrongful Death FAQs

Commonly Asked Questions – Answered by Our Lawyers

Wrongful Death Attorney Orange County

Can children file a wrongful death claim in California?

In the aftermath of the sudden, unexpected death of a loved one, most survivors feel emotionally overwhelmed.  When a death has been caused by another’s negligent, reckless, or wrongful act, the emotional and financial hardships can seem insurmountable.  Many people in such situations are unsure of how to file a wrongful death lawsuit against the person or persons responsible for the death. On this page, we feature short answers to some commonly asked questions about wrongful death cases.  For more detailed answers and explanation of how wrongful death laws apply to your case, contact a skilled lawyer such Jeff Roberts of Roberts | Jeandron Injury Attorneys. Wrongful death attorney Jeff Roberts serves clients in the Newport Beach and Orange County area and has successfully obtained favorable verdicts and settlements for many Southern California families who have suffered the loss of a loved one.

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What is a wrongful death?

What is a wrongful death claim in California?

A wrongful death is any death that occurs as the result of another person’s negligence, recklessness, malpractice, wrongful act, or inaction.  Deaths resulting from a variety of causes, including motor vehicle accidents, slip and fall accidents, defective products, or police brutality may be considered wrongful deaths, depending on the particulars of the circumstances surrounding the death.

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Who can sue for wrongful death?

Who's allowed to file a wrongful death claim in California?

In California, the first right to file a wrongful death suit lies with a victim’s spouse, followed by the victim’s children or the offspring of the victim’s pre-deceased children, if any.  If none of the above exists, a wrongful death suit may be filed by the victim’s parents, siblings, or other family members.

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When must a wrongful death suit be filed?

Are wrongful death lawsuits common in California?

In general, wrongful death cases in California must be filed within two years of the victim’s death.  However, in specific circumstances, different statutes of limitations may apply.  For instance, the statute of limitations may be extended if the plaintiff is a minor or is mentally disabled, and any case against a government entity (such as a city, school district, or fire district) must be preceded by the filing of a California government tort claim, for which a 180-day limitation period applies.  Because the litigation of wrongful death cases can often be complex and confusing, you should contact a wrongful death attorney at the Newport Beach, Orange County office of Roberts | Jeandron Injury Attorneys as soon as possible if you are even considering filing a wrongful death suit.

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What compensation can be claimed in a wrongful death case?

How much will it cost me to file a wrongful death claim in California?

The amount of compensation in a successful wrongful death case is affected by a variety of factors.  Both financial and emotional hardships suffered as a result of a wrongful death will be factored into the final amount of compensation determined in a wrongful death case. Damages in a wrongful death case may include the following: medical expenses, funeral expenses, loss of financial support, anticipated earnings, loss of benefits, pain and suffering, emotional anguish, loss of companionship, and punitive damages.

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Contact a Wrongful Death Attorney at Roberts | Jeandron Injury Attorneys

For answers to specific questions about your case, schedule a no-cost consultation with a wrongful death attorney at Roberts | Jeandron Injury Attorney’s Newport Beach, Orange County office.  Attorney Jeff Roberts or one of our other skilled lawyers will meet with you to determine the viability of your wrongful death case and provide guidance through this difficult time.

We serve the injured in Orange County and Riverside County and offer free consultations. In addition, we handle accident and injury claims on a contingency fee basis meaning we charge no fee unless we recover for you and your family.