Losing a loved one in a car accident is devastating. If another party’s negligence contributed to the accident, they should be held responsible. Our Newport Beach fatal car accident lawyers can help you seek compensation from the at-fault party.
At Sweet James, our Newport Beach car accident lawyers will handle the entire legal process on your behalf. We know how difficult this time is, and we want to take some of the burdens off your shoulders.
Reach out to schedule a free consultation. Real Lawyers. Real Results.
Who Can File Wrongful Death Claims in Newport Beach?
After a fatal car accident in Newport Beach, specific surviving relatives can file wrongful death claims. These relatives include:
- Surviving spouse or domestic partner.
- Surviving children and grandchildren.
While those immediate relatives have precedent for filing claims, other relatives may also be able to. These other relatives include:
- Parents.
- Siblings.
- Grandparents.
Our California car accident lawyers at Sweet James can handle the wrongful death claim process on your behalf.
How Our Fatal Car Accident Lawyers in Newport Beach Can Help
While you should be processing your grief and spending time with family, you may already be receiving calls or visits from insurance adjusters. The car accident lawyers at Sweet James can step in to handle all communication with the other parties involved.
We will also investigate the accident to determine all liable parties, file all necessary paperwork, and negotiate on your behalf. We have taken over 500 cases to trial and are prepared to do so for your case if it is necessary to recover a fair settlement.
Our goal is to support you at every stage of your case. We’re here to answer your questions and fight for financial accountability.
What Compensation Can Be Recovered After a Fatal Car Accident in Newport Beach?
After a fatal car accident in Newport Beach, you may be able to recover compensation for economic and non-economic losses. The Newport Beach fatal car accident attorneys at Sweet James will seek compensation for the full scope of your losses. This may include:
Economic Damages
Compensation for financial losses like:
- A loss of financial support from the decedent.
- Medical expenses related to the accident or end-of-life medical care.
- The loss of household services.
- Funeral expenses.
- Burial or cremation costs.
Non-Economic Damages
Compensation for personal losses like:
- A loss of companionship and emotional support.
- A loss of parental guidance.
- The decedent’s pain and suffering.
In some cases, a court may also award punitive damages if the at-fault party’s actions were egregious or malicious.
What Is the Statute of Limitations for Recovering Compensation After a Fatal Car Accident?
After a fatal car accident, per California Code of Civil Procedure § 335.1, you generally have two years to recover compensation after a fatal car accident. However, there can be circumstances that shorten or extend this deadline, so always discuss what to expect with your lawyer.
Who Is At Fault for a Fatal Car Accident?
Fault in fatal car accidents is determined by who was negligent. Negligence is defined by four key legal elements, which are:
- Duty of care: This is the responsibility one party has towards another. For example, a licensed motorist must obey traffic laws as part of their responsibility toward others on the road.
- Breach of duty of care: When a party acts recklessly or carelessly, they breach their duty of care. For example, a person gets behind the wheel of their car while intoxicated after an evening on Balboa Peninsula.
- Causation: The breach then directly leads to an accident. For example, the drunk driver runs a red light at Balboa Boulevard and 28th Street and T-bones another vehicle.
- Damages: There are direct losses because of the accident, such as the loss of a life.
Potentially negligent parties in car accident cases can include:
- Other negligent drivers. For example, they were speeding, driving while distracted, or failed to yield.
- A commercial driver who behaved carelessly or broke safety regulations, such as federal hours-of-service regulations.
- A commercial company if it had negligent hiring or training practices or if it failed to maintain its vehicles.
- A mechanic if they failed to perform maintenance properly.
- A government agency if road conditions contributed to or caused the accident.
Your lawyer can investigate the circumstances of the crash and present evidence supporting claims against potentially responsible parties.
How Is Fault Proven?
Fault is typically proven through the investigation and evidence analysis that your lawyer conducts. Helpful evidence for proving fault can include:
- Police reports from the Newport Beach Police Department.
- Medical records that can link the fatality to the injuries caused by the accident.
- Witness statements.
- Video footage, such as from a traffic camera, dash cam, or nearby security camera.
- Photos of the accident scene.
- Physical evidence, such as skid marks or debris from the accident.
- Phone records.
- GPS data.
- Black box data.
- Blood alcohol content test results.
- Expert witness testimony, such as from an accident reconstructionist.
The legal team at Sweet James will handle the collection of evidence and build their case based on it.
Affording a Personal Injury Lawyer in Newport Beach
After a wrongful death, bills can quickly add up. The team at Sweet James wants to ensure that injury victims and their loved ones can access legal representation when it’s needed. That’s why we work on a contingency fee basis.
With contingency fees, there are no upfront costs when you hire a Newport Beach personal injury lawyer. Instead, their fees are taken as an agreed-upon percentage of the compensation they recover for a client.
Contact a Fatal Car Accident Attorney in Newport Beach
We are so sorry for your loss. The legal team at Sweet James is here to offer compassionate and dedicated legal representation, so you can hold at-fault parties financially accountable for your devastating loss.
Reach out today to schedule a free consultation with our team.
