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Understanding Wrongful Death Claims in Orange County, California

Losing a loved one due to someone else’s negligence is devastating. Beyond the emotional toll, families are often left facing funeral costs, lost income, and an uncertain future. California’s wrongful death laws exist to help surviving family members recover compensation and hold the responsible parties accountable.

At Sky Law Group, we have deep experience guiding Orange County families through wrongful death claims with compassion and determination. This guide explains who can file, what compensation is available, and how the legal process works.

What Is a Wrongful Death Claim in California?

Under California Code of Civil Procedure §377.60, a wrongful death claim can be filed when a person dies as a result of another party’s wrongful act or negligence. This includes deaths caused by:

• Car, truck, and motorcycle accidents — The leading cause of wrongful death claims in Orange County, especially on the I-5, I-405, and SR-91
• Medical malpractice — Surgical errors, misdiagnosis, medication mistakes, and hospital negligence
• Workplace accidents — Construction site falls, industrial equipment failures, and toxic exposure
• Defective products — Dangerous drugs, faulty auto parts, and malfunctioning consumer products
• Pedestrian and bicycle accidents — Drivers who fail to yield to pedestrians and cyclists at crosswalks and intersections
• Premises liability — Fatal slip and falls, drowning in unsecured pools, or structural collapses
• Criminal acts — Assault, DUI homicide, and other intentional acts that result in death

Who Can File a Wrongful Death Lawsuit in California?

California law limits who can bring a wrongful death claim. Eligible plaintiffs include:

• Surviving spouse or domestic partner — Has the primary right to file
• Surviving children — Including adopted children and stepchildren who were dependent on the deceased
• Surviving grandchildren — Only if the deceased’s children are also deceased
• Anyone entitled to property under intestate succession — If there is no surviving spouse, children, or grandchildren, this may include parents, siblings, or other relatives
• Putative spouse, children of putative spouse, and stepchildren — If they were financially dependent on the deceased

If you’re unsure whether you have standing to file, Sky Law Group can evaluate your situation during a free consultation.

What Compensation Is Available in a Wrongful Death Case?

California wrongful death damages are divided into two categories:

Economic Damages

• Loss of financial support — The income and benefits the deceased would have provided to the family over their expected lifetime
• Loss of household services — The value of services the deceased performed (childcare, home maintenance, etc.)
• Funeral and burial expenses — Reasonable costs for funeral services, burial or cremation
• Medical expenses — Bills incurred from the injury that led to death
• Loss of inheritance — The savings and assets the deceased would have accumulated

Non-Economic Damages

• Loss of love, companionship, and affection — The emotional bond that was severed
• Loss of moral support and guidance — Especially significant when children lose a parent
• Loss of consortium — The intimate relationship between spouses
• Loss of enjoyment of life — The shared experiences and activities that will never happen

California’s Statute of Limitations for Wrongful Death

You have 2 years from the date of death to file a wrongful death lawsuit in California (CCP §335.1). However, there are critical exceptions:

• Government entity liability — If the death was caused by a government employee or on government property (such as a Caltrans-maintained highway), you must file an administrative claim within 6 months
• Medical malpractice — Special rules under MICRA may apply, including a shorter discovery period
• Criminal cases — The statute may be tolled (paused) while criminal proceedings are pending

Don’t wait. The sooner you contact an attorney, the sooner we can preserve critical evidence and begin building your case.

How Wrongful Death Cases Are Valued in Orange County

Every wrongful death case is unique, but several factors influence the potential value:

• The deceased’s age and health — Younger, healthy individuals have more expected earning years
• Earning capacity — Current income, career trajectory, education, and skills
• Number of dependents — More dependents typically means greater financial impact
• Circumstances of death — Cases involving gross negligence or intentional acts may warrant punitive damages in a concurrent survival action
• Strength of evidence — Police reports, witness testimony, expert analysis, and documentation

Wrongful death settlements in Orange County can range from hundreds of thousands to millions of dollars depending on these factors. Sky Law Group has the experience to accurately value your case and fight for every dollar your family deserves.

Wrongful Death vs. Survival Action: What’s the Difference?

Many families don’t realize they may have two separate claims:

• Wrongful death claim — Compensates surviving family members for their losses (lost income, companionship, etc.)
• Survival action (CCP §377.30) — Compensates the deceased’s estate for damages the victim suffered before death (pain and suffering, medical bills, lost wages between injury and death)

Both claims can be pursued simultaneously, and together they can significantly increase the total recovery for the family.

Why You Need an Experienced Wrongful Death Lawyer

Wrongful death cases are among the most complex in personal injury law. Insurance companies aggressively defend these high-value claims, and the legal and procedural requirements are strict. You need an attorney who:

• Has specific experience with Orange County wrongful death cases
• Understands how to value lifetime earnings and economic losses
• Can retain expert witnesses (economists, accident reconstructionists, medical experts)
• Is willing to take your case to trial if the insurance company won’t offer fair compensation
• Treats your family with compassion during the most difficult time of your lives

At Sky Law Group, we handle wrongful death cases on a contingency basis — you pay nothing unless we win. We serve families across Orange County, including Anaheim, Santa Ana, Irvine, Huntington Beach, Costa Mesa, and Fullerton.

Call (844) 475-9529 for a free, confidential consultation. Hablamos Español: Consulta gratis en español

Related: What to Do After a Car Accident | Truck Accident Dangers | Motorcycle Accident Guide

Frequently Asked Questions About Wrongful Death in Orange County

How long do I have to file a wrongful death claim in California?

You generally have 2 years from the date of death. However, claims involving government entities must be filed within 6 months. Contact an attorney as soon as possible to ensure you don’t miss any deadlines.

Can I file a wrongful death claim if the at-fault person was charged criminally?

Yes. A wrongful death civil lawsuit is completely separate from criminal proceedings. You can pursue a civil claim regardless of whether criminal charges are filed, and the burden of proof is lower in civil court (preponderance of evidence vs. beyond a reasonable doubt).

How much does a wrongful death lawyer cost?

Sky Law Group handles wrongful death cases on contingency, meaning you pay zero upfront costs and no legal fees unless we win your case. Our fee comes as a percentage of the settlement or verdict we obtain for you.

Can parents file a wrongful death claim for an adult child?

In California, parents can file a wrongful death claim for a deceased child (of any age) if the child had no surviving spouse, domestic partner, or children of their own. If the deceased did have a spouse or children, those individuals have priority filing rights.