Tustin Wrongful Death Lawyer

What Is a Wrongful Death Claim in California?

California law lets certain family members recover compensation when a person dies because of another's wrongful act or negligence. The claim belongs to the surviving family, and it compensates them for what they have lost because of the death.

The cases I see most often in Tustin involve:

• car crashes, including drunk and distracted drivers
• crashes with commercial trucks
• pedestrians, cyclists and motorcyclists hit by vehicles
• dangerous property conditions and premises liability cases

Who Can File a Wrongful Death Claim?

California's wrongful death statute (Code of Civil Procedure section 377.60) decides who can bring the claim:

• The surviving spouse or registered domestic partner
• The children, and the children of any child who has died
• If there are no surviving children or grandchildren, the people who would inherit under California's intestate succession rules, which can include parents and siblings
• In some cases, a putative spouse, stepchildren or parents who depended on the person financially, and minors who lived in the home and depended on them for at least half of their support

Usually, all the eligible family members bring one lawsuit together. If you're not sure where you fit, I can help you work that out at the first meeting.

What Compensation Can a Family Recover?

California's jury instructions divide wrongful death damages into two groups.

Economic damages, which include:

• the financial support your loved one would have provided
• gifts or benefits the family would have received
• funeral and burial expenses
• the value of household services they would have provided, such as childcare and home maintenance

Non-economic damages, for the loss of your loved one's love, companionship, comfort, care, protection, affection, moral support, and training and guidance.

California law doesn't award money for grief or sorrow itself, which is why it matters to show clearly what your family has lost. Separately, your loved one's estate may have a "survival" claim for losses before death, such as medical bills and lost earnings.

Over the course of my career, I've recovered over $20 million for my clients in total.

How Insurance Companies Handle Wrongful Death Claims

Even in the worst cases, insurers look for ways to pay less. They may argue your loved one was partly at fault, question how much financial support they really provided, or point to policy limits. California's minimum auto liability coverage is only $30,000 per person, which is rarely enough after a death, so finding every available insurance policy is an important part of these cases.

Because I used to work on the defense side, I know how insurers value these claims. I gather the evidence early, including police and coroner reports, witness statements, video and, where needed, accident reconstruction, and I build the case so the insurer sees the full value of your family's loss.

How Long Do You Have to File?

In California, a wrongful death lawsuit generally must be filed within two years of the date of death. If a city, county or other government agency is involved, for example a city vehicle or a dangerous public road, a government claim usually has to be filed within six months. Evidence also fades quickly, so it helps to talk to a lawyer as soon as your family feels able to.

How Fees Work: No Recovery, No Fee Guarantee

I handle wrongful death cases on a contingency basis. Your family pays nothing upfront, and you only pay my fee if I obtain compensation for you. I advance the costs of the case, and they're repaid from the recovery. If there's no recovery, you owe no fee.

Wrongful Death FAQs

Who can file a wrongful death lawsuit in California?

Usually the surviving spouse or domestic partner and the children. If there are none, the people who would inherit under California law, such as parents or siblings, may be able to bring the claim. Some dependents also qualify.

What damages are available for wrongful death in California?

Economic damages such as lost financial support, funeral and burial costs and the value of household services, and non-economic damages for the loss of love, companionship, comfort, care, guidance and moral support.

What is the statute of limitations for a wrongful death claim in California?

Generally two years from the date of death. Claims involving a government agency usually require a government claim within six months.

How do you prove a wrongful death case?

You need to show the other party was negligent or acted wrongfully, that this caused the death, and what your family lost as a result. I explain this in more detail in how to prove wrongful death.

What does it cost to hire a wrongful death lawyer?

Nothing upfront. I work on a contingency fee, so my fee comes from the compensation I recover for your family. If there's no recovery, there's no fee.

Talk to a Tustin Wrongful Death Lawyer

If your family has lost someone because of another person's negligence, call me at (714) 461-6003 or request a free consultation. I'll listen, answer your questions and explain your family's options, at a pace that works for you. You can also read more about my background or see the other types of injury cases I handle.