Orange County Wrongful Death Attorney
An experienced Orange County wrongful death lawyer understands that when a life is cut short because of someone else’s negligence, the impact reaches far beyond the loss itself. Families are often left to cope not only with grief but also with unexpected financial burdens such as medical bills, funeral costs, and the loss of future income and support.
While no legal action can truly make up for what has been taken, pursuing a wrongful death claim can be an important way to hold the responsible party accountable and obtain the resources your family needs to move forward.
At Bentley & More LLP, we recognize how deeply personal and difficult this process is. We take the time to understand your family’s needs and the circumstances surrounding your loss.
Our team works diligently to build a strong case on your behalf, whether through settlement negotiations or in the courtroom, so you can focus on healing while we manage the legal challenges.
We are committed to offering clear guidance, compassionate support, and skilled advocacy at every step. To discuss your situation and learn about your options, we invite you to schedule a free and confidential consultation by calling (949) 870-3800.
How Our Orange County Wrongful Death Lawyers Support Families and Build Strong Cases
After a tragic loss, the idea of pursuing a legal case can feel daunting. At Bentley & More LLP, our Orange County wrongful death lawyers provide more than legal guidance.
We offer steady support for families in communities from Irvine to Anaheim and throughout Southern California. Our goal is to take on the legal work so you have the time and space to focus on your family while we handle the details of your claim with care and respect.
Our team handles all communication with the at-fault party’s insurance company. This protects you from pressure to accept a quick wrongful death settlement before the full extent of your financial losses is understood. By managing these discussions on your behalf, we help you avoid choices that could limit your recovery.
Our firm invests in a thorough investigation of the events leading to your loved one’s death. We work with leading professionals in accident reconstruction, engineering, medical analysis, and other fields to gather and present evidence that clearly establishes responsibility. Whether the loss occurred on a busy Newport Beach roadway or at a construction site in Santa Ana, we have the resources and experience to uncover what happened.
Our attorneys have extensive trial experience, and we prepare every case as if it will be presented to a jury in an Orange County courtroom. Insurance companies are well aware of our proven record in the courtroom and our willingness to take a case to trial when necessary.
This level of preparation gives us strong leverage in settlement negotiations and reflects our dedication to seeking a resolution that honors your loved one and provides lasting support for your family’s future.
Who Is Eligible to File a Wrongful Death Lawsuit in Orange County, California?
California law carefully defines who has the legal right to file a wrongful death claim in orange county. The law gives priority to the closest surviving relatives, so knowing whether you qualify is an important early step.
Primary Family Members Eligible to File a Wrongful Death Claim
The first people eligible to file are the decedent’s surviving spouse, registered domestic partner, and children. This group has the most direct legal right to seek compensation for their losses.
Additional Family Members Who May Have the Right to File
If there is no surviving spouse, domestic partner, or child, the law allows others who would inherit under California’s intestate succession rules to file a claim. This often includes parents or siblings, depending on the family’s structure.
Financially Dependent Individuals Who May Qualify
Some people outside the immediate family may also file if they can show they depended on the decedent for financial support. This can include a putative spouse (someone who believed in good faith they were married), the children of a putative spouse, stepchildren, or parents who relied on their deceased child.
Because determining who has the right to file can be complicated, it is important to work with knowledgeable Orange County wrongful death lawyers. An attorney familiar with these claims can identify all eligible family members and guide the case forward correctly, protecting your family’s rights from the start.
Common Causes of Wrongful Death Claims in Orange County
A wrongful death claim can arise from many different types of negligent or wrongful conduct. The experienced Orange County wrongful death lawyers at our firm have handled cases involving a wide range of tragic circumstances, and we have the knowledge and resources to guide families through these difficult matters.
Fatal Car, Truck, and Freeway Accidents in Orange County
Traffic collisions remain one of the leading causes of preventable death in California. The busy freeways and roads of Orange County, from the I‑5 in Irvine to the SR‑91 in Anaheim, are the sites of many serious crashes each year.
Wrongful death claims may involve passenger cars, commercial trucks, motorcycles, pedestrians, or bicyclists. Many of these incidents are linked to drunk driving, distracted driving, speeding, or other reckless behavior.
According to the California Office of Traffic Safety, thousands of people lose their lives on California’s roadways each year, leaving families to face life‑changing loss.
Deadly Construction Site Accidents and Contractor Negligence
Construction sites carry significant risks, and when contractors, subcontractors, or property owners fail to follow safety standards, those risks can become deadly. Fatal incidents often involve falls from heights, electrocution, being struck by heavy equipment, or trench collapses.
Data from the Occupational Safety and Health Administration (OSHA) shows that these types of accidents remain among the most common causes of death in the construction industry. Our attorneys are skilled in investigating these complex multi‑employer worksite cases and identifying all responsible parties.
Wrongful Death Claims Involving Defective or Dangerous Products
Manufacturers and distributors have a duty to make sure their products are reasonably safe. When a defective product causes a fatal injury, several parties may be held responsible, including the manufacturer, distributor, and retailer.
These claims often involve defective auto parts such as airbags or tires, unsafe medical devices, or industrial machinery that malfunctions and leads to a fatal workplace accident. Information from agencies such as the Consumer Product Safety Commission (CPSC) can provide important evidence about known defects and recalls.
Fatal Accidents on Unsafe Properties and Premises Liability
Property owners have a legal responsibility to keep their premises in a reasonably safe condition. A wrongful death claim may arise from a fatal slip and fall on a poorly maintained walkway or, in some cases, from a violent crime that occurs on property with inadequate security measures.
When an owner is aware of a foreseeable risk, such as repeated criminal activity, but fails to provide basic protections like proper lighting, working locks, or on‑site security, they may be held liable for a resulting death.
Our Orange County wrongful death lawyers are dedicated to guiding families in Irvine, Anaheim, and across Southern California through these challenging cases and working tirelessly to pursue justice..
Wrongful Death vs. Survival Actions Under California Law
When pursuing a claim after a fatal accident in California, it is important to understand the difference between two related types of legal actions: a wrongful death claim and a survival action. In many cases, an experienced attorney will file both on behalf of the family.
A wrongful death claim is brought by surviving family members to recover for their own losses, such as the loss of companionship, guidance, and financial support.
A survival action is filed on behalf of the decedent’s estate to recover damages the decedent could have claimed if they had survived. This type of claim is governed by California Code of Civil Procedure § 377.30 and is intended to address the losses the decedent experienced between the time of the injury and their death.
Types of Damages in an Orange County Wrongful Death Lawsuit
Compensation in a wrongful death lawsuit is meant to help provide financial stability and to acknowledge the deep personal losses caused by the death. These damages are generally divided into separate categories.
Economic Damages: Lost Income, Benefits, and Funeral Costs
Economic damages include measurable financial losses your family has already suffered and those expected in the future. This can include the loss of income and benefits, funeral and burial expenses, and the value of services the decedent provided, such as childcare, transportation, or maintaining the home.
Non‑Economic Damages: Loss of Companionship and Support
Non‑economic damages account for the emotional and relational impact of losing someone close. California law allows eligible family members to recover compensation for the loss of love, companionship, comfort, care, protection, affection, society, and moral support.
A surviving spouse may also recover for the loss of enjoyment of the marital relationship. A jury considers these significant losses when deciding a fair amount for this part of the claim.
Damages Available Through a California Survival Action
Damages in a survival action are more limited. They may include medical expenses incurred between the injury and death, along with wages lost during that time.
In California, damages for a decedent’s own pain and suffering were historically unavailable in survival actions. However, under SB 447, certain cases now permit recovery for the decedent’s pre‑death pain and suffering.
These changes apply to deaths occurring on or after January 1, 2022, and before January 1, 2026. Because this law is time‑limited, it is important to speak with an attorney who is familiar with the most current rules.
The estate may also be able to pursue punitive damages if the defendant’s conduct involved fraud, malice, or oppression. Punitive damages are meant to hold the wrongdoer accountable for especially serious misconduct.
A careful review by knowledgeable Orange County wrongful death lawyers is often necessary to calculate the full value of a family’s losses. Attorneys often work with economists, medical experts, and other professionals to make sure every part of the claim is fully documented and presented.
California’s Two-Year Statute Of Limitations For Wrongful Death Claims
California imposes a strict time limit for filing a wrongful death lawsuit. This deadline, known as the statute of limitations, is established by California Code of Civil Procedure § 335.1. Generally, eligible family members have two years from the date of the decedent’s death to file a lawsuit in court.
If a claim is not filed within this two-year period, the family will likely lose the right to seek compensation forever. There are some very limited exceptions to this rule, such as the discovery rule, which may apply if the cause of death was not immediately known or was concealed.
Additionally, if the claim is against a government entity, the deadline is much shorter; a formal government claim must be filed within six months of the death. Due to these strict and unforgiving deadlines, it is important to speak with an attorney as soon as possible after a loss.
Contact Our Orange County Wrongful Death Lawyers for a Free Consultation
No amount of compensation can ever replace a beloved family member, but holding the responsible party accountable can be an important step in the healing process. Seeking justice not only provides a sense of closure but can also help secure the financial stability your family will need moving forward. A wrongful death claim is a way to honor your loved one’s memory by making sure their story is told and that their loss is not overlooked.
Greg Bentley & Keith More, wrongful death Lawyer
Let our experience and dedication be a source of support for your family during this difficult time. To speak with a caring and knowledgeable personal injury attorney, contact Bentley & More LLP.
We are here to listen, guide you through your options, and advocate on your behalf. For a free and confidential consultation with our Orange County wrongful death lawyers, please call (949) 870‑3800 today.
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