Losing a loved one because of someone else’s negligence in Irvine, California, is heartbreaking. If your family is facing this unimaginable loss, Fielding Law is here to help you pursue justice and financial accountability. Call 833.88.SHARK today for a free consultation with an experienced Irvine wrongful death lawyer.
The emotional and financial consequences of a fatal accident can affect your family for years to come. While no legal action can undo your loss, a wrongful death claim may help provide financial stability while holding the responsible party accountable. Fielding Law is prepared to guide your family through the legal process with compassion and care.
Why Choose Fielding Law for Your Irvine Wrongful Death Case?
After the loss of a family member in Irvine, CA, choosing the right attorney is one of the most important decisions you can make. You deserve a legal team that understands the emotional challenges your family is experiencing while providing experienced legal guidance every step of the way. Fielding Law offers exactly that.
Clients choose our Irvine personal injury lawyers because we offer:
- 33 years of combined experience
- More than $98 million recovered for injured clients and their families.
- A free and confidential consultation
- A thorough investigation into the circumstances surrounding your loved one’s death
- Collection and preservation of important evidence
- Direct communication with insurance companies and opposing parties
- Skilled settlement negotiations backed by trial preparation
- No attorney’s fees unless we recover compensation for your family
If you need an Irvine personal injury attorney after the wrongful death of a loved one, our attorneys are ready to explain your legal rights and answer your questions. Contact us today for a free consultation.
Who Can File a Wrongful Death Lawsuit in California?
California law limits who may bring a wrongful death claim. In most situations, the surviving spouse, registered domestic partner, or children have the legal right to pursue compensation. However, other family members may qualify depending on the circumstances and the deceased person’s estate.
Those who may be eligible to file a wrongful death claim include:
- A surviving spouse
- A registered domestic partner
- Children of the deceased
- Grandchildren, in certain circumstances
- Other individuals entitled to inherit under California law when no closer relatives exist
Determining who has the legal authority to file can become complicated, especially when blended families, multiple heirs, or inheritance issues are involved. Our attorneys carefully evaluate each family’s circumstances to ensure the claim is filed correctly and within the applicable deadlines.
What Is My Irvine Wrongful Death Case Worth?
Every wrongful death claim is different because every family’s loss is unique. The value of a claim depends on the financial support your loved one provided, the relationship shared with surviving family members, and many other factors that influence the overall impact of the loss.
Several factors may influence the value of a wrongful death claim, including:
- The age and health of your loved one
- Their occupation and earning capacity
- Their life expectancy
- The nature of their relationship with surviving family members
- The number of surviving dependents
- Available insurance coverage
- The strength of the evidence establishing liability
- Whether comparative fault may apply
Every wrongful death claim deserves careful preparation supported by strong evidence and a thoughtful legal strategy. At Fielding Law, we take the time to understand each family’s unique circumstances, keep clients informed throughout the process, and pursue the compensation they deserve with professionalism, compassion, and determination.
What Damages Can Families Recover in a California Wrongful Death Claim?
A wrongful death lawsuit seeks compensation for the losses surviving family members experience after the death of a loved one. While financial recovery cannot replace the person you’ve lost, it can help reduce some of the burdens your family may face in the months and years ahead.
Economic Damages
Economic damages compensate surviving family members for measurable financial losses, including:
- Funeral expenses
- Burial costs
- Loss of future financial support
- Loss of employment benefits
- Loss of household services
- The value of the future income your loved one would likely have earned
These losses are typically supported by financial records, employment documentation, and expert testimony when necessary. Our legal team closely examines both current expenses and future financial losses before pursuing compensation.
Non-Economic Damages
Families also experience profound personal losses that cannot be measured by bills or receipts. California law recognizes that surviving family members may recover non-economic damages for the loss of companionship, comfort, care, guidance, affection, moral support, and other intangible contributions their loved one would have continued to provide.
These damages acknowledge the lasting emotional impact of an unexpected death. Every family’s circumstances are different, and we take the time to understand how your loss has affected your daily life and future.
How Much Does It Cost To Hire an Irvine Wrongful Death Lawyer?
Many families worry that hiring an attorney after the loss of a loved one will create additional financial strain. At Fielding Law, we believe every family deserves access to experienced legal representation without having to worry about upfront legal fees.
Our firm handles wrongful death cases on a contingency fee basis. That means you pay no upfront attorney’s fees, no hourly rates, and no legal fees unless we successfully recover compensation on your behalf. If there is no recovery, you owe no attorney’s fees.
During your free consultation, we will explain how contingency fees work and answer any questions you may have. This allows your family to focus on healing while we handle the legal aspects of your case.
Can My Family Recover Compensation if My Loved One Was Partially at Fault?
Yes. California follows a pure comparative negligence system, which means a wrongful death claim may still be successful even if your loved one was partially responsible for the accident. However, any compensation awarded may be reduced by the percentage of fault assigned to the deceased.
Insurance companies often try to shift blame to reduce the value of a claim. They may argue that your loved one acted carelessly or contributed to the accident, even when another person’s negligence was the primary cause.
Our attorneys carefully investigate every fatal accident to determine exactly what happened. By reviewing accident reports, medical records, surveillance footage, expert opinions, and witness statements, we work to challenge unfair allegations and protect your family’s right to recover compensation.
What Types of Accidents Commonly Lead To Wrongful Death Claims?
Wrongful death claims arise when a person’s negligence or wrongful conduct causes another person’s death. While every case is unique, many fatal accidents share common circumstances involving preventable hazards or careless behavior.
Fatal accidents that may result in a wrongful death claim include:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Bicycle accidents
- Pedestrian accidents
- Premises liability accidents
- Construction accidents
- Defective products
- Dog attacks
- Acts of negligence resulting in fatal injuries
These tragic incidents often leave families searching for answers while facing unexpected financial challenges. Our legal team conducts a thorough investigation to identify all responsible parties and preserve the evidence needed to build a strong claim.
What Is the Difference Between a Wrongful Death Claim and a Survival Action?
Although they are often filed together, a wrongful death claim and a survival action serve different legal purposes. Understanding the distinction can help families better understand the types of compensation that may be available.
Wrongful Death Claims
A wrongful death lawsuit compensates surviving family members for the losses they personally experience because of their loved one’s death. These damages may include the loss of financial support, companionship, household services, and other benefits the deceased would have provided.
Survival Actions
A survival action is brought on behalf of the deceased person’s estate rather than individual family members. It allows the estate to recover certain damages the deceased could have pursued if they had survived, such as medical expenses incurred before death, lost wages, and, in some cases, damages for the deceased’s pain, suffering, or disfigurement as permitted under California law.
Our attorneys can determine whether one or both types of claims apply to your family’s situation. We will explain your legal options and develop a strategy tailored to the specific facts of your case.
How Long Do I Have To File a Wrongful Death Lawsuit in California?
In most cases, California law gives families two years from the date of death to file a wrongful death lawsuit. However, certain situations—including claims involving government entities—may have much shorter deadlines.
Waiting too long can make it more difficult to preserve evidence and build a strong case. Important records may become more difficult to obtain, witnesses’ memories can fade, and physical evidence may no longer be available.
Speaking with an attorney as soon as possible helps protect your family’s legal rights. Early action also allows your legal team to begin investigating the circumstances surrounding your loved one’s death while the evidence is still fresh.
What Should My Family Do After the Wrongful Death of a Loved One?
The days and weeks following an unexpected loss can feel overwhelming. While every family’s circumstances are different, taking certain steps early can help protect both your well-being and your legal rights.
If possible, consider taking the following actions:
- Obtain copies of the death certificate and other important records.
- Preserve any documents or evidence related to the incident.
- Avoid discussing the case with insurance adjusters before speaking with an attorney.
- Keep records of funeral and burial expenses.
- Save financial documents that demonstrate your loved one’s income and household contributions.
- Contact an experienced wrongful death lawyer to discuss your legal options.
You do not have to navigate this process alone. Having experienced legal guidance can relieve many of the burdens associated with a wrongful death claim, allowing your family to focus on supporting one another during this difficult time.
Contact Our Irvine Wrongful Death Lawyers Today
The loss of a loved one in Irvine, CA, changes every aspect of a family’s life. While no legal outcome can undo what happened, pursuing a wrongful death claim may provide financial security and hold the responsible party accountable for the harm they caused.
Fielding Law is a boutique personal injury law firm with 33 years of combined experience and more than $98 million recovered for injured clients and their families. We are committed to providing compassionate support, responsive communication, and skilled legal representation while advocating for the justice your family deserves.
If you lost a loved one because of someone else’s negligence, contact our Irvine wrongful death attorneys today to schedule your free consultation.