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Introduction

Losing a loved one due to someone else’s negligence is devastating. When that loss was preventable, California law provides a legal pathway for surviving family members to seek justice and compensation through a wrongful death claim. This comprehensive guide explains everything Orange County families need to know about filing a wrongful death claim in California.

What Constitutes Wrongful Death in California?

Under California Code of Civil Procedure §377.60, a wrongful death occurs when a person dies as a result of another party’s wrongful act, neglect, or default. This includes car accidents caused by negligent drivers, medical malpractice, workplace accidents, defective products, premises liability incidents, and criminal acts.

Who Can File a Wrongful Death Claim?

Primary Beneficiaries

California law designates specific individuals who may file: the surviving spouse or domestic partner, surviving children, and if there is no surviving spouse or children, anyone who would be entitled to the deceased’s property under California intestate succession laws.

Putative Spouse and Stepchildren

A putative spouse (someone who believed in good faith they were married to the deceased) and stepchildren who were financially dependent on the deceased may also have standing.

Types of Compensation Available

Economic Damages

Loss of the deceased’s expected earnings, loss of benefits and pension, funeral and burial expenses, loss of household services, and the value of financial support the deceased would have provided.

Non-Economic Damages

Loss of companionship, love, comfort, care, assistance, protection, affection, society, and moral support. Loss of the deceased’s training, guidance, and education for children.

Wrongful Death vs. Survival Action

A wrongful death claim compensates surviving family members for their losses. A survival action (CCP §377.30) compensates the deceased’s estate for damages the deceased suffered before death, including pain and suffering, medical expenses, and lost wages between injury and death.

Statute of Limitations

California’s statute of limitations for wrongful death claims is generally two years from the date of death (CCP §335.1). For claims against government entities, you must file a Government Claims Act notice within six months.

Contact Sky Law Group

If you’ve lost a loved one due to negligence, Sky Law Group is here to help. Call (866) 868-5005 or 1-844-4SKYLAW for a compassionate, free consultation. We’ll fight for the justice your family deserves.

People Also Ask

Q: How long do I have to file a wrongful death lawsuit in California? A: Generally two years from the date of death, but claims against government entities require notice within six months.

Q: Can siblings file a wrongful death claim? A: Only if there is no surviving spouse, domestic partner, or children. In that case, siblings may qualify under intestate succession laws.

Q: What if the person who caused the death was criminally charged? A: Criminal and civil cases are separate. You can file a wrongful death claim regardless of criminal proceedings.

Wrongful Death Attorneys Serving All of Orange County

Losing a loved one in an accident caused by someone else’s negligence is devastating. Sky Law Group represents grieving families across Orange County, including fatal car accidents, truck collisions, and pedestrian deaths. Our wrongful death attorneys serve families in:

• Anaheim
• Irvine
• Santa Ana
• Fullerton
• Huntington Beach
• Costa Mesa
• Garden Grove
• Westminster
• Tustin
• Yorba Linda

If you have lost a family member due to negligence, contact our personal injury team or call (844) 475-9529 for a compassionate, free consultation.

Related: The 5 Most Dangerous Orange County Cities for Drivers | What to Do After a Car Accident in Orange County