Orange County Wrongful Death Lawyer

Preserve all evidence, records, and tangible things related to the death of your loved one.

Photograph anything that may be helpful in proving your claim.

Call Easton & Easton, LLP as soon as possible so we can advise you what to do next.

The Orange County wrongful death attorneys at Easton & Easton, LLP, have over 100 years of combined experience representing husbands who have lost wives, wives who have lost husbands, parents who have lost children, children who have lost parents, and family members who have lost other family members. From those many years of experience, we have learned not only how to effectively maximize our clients’ wrongful death claims but also how to handle these claims with compassion for our clients’ loss and respect for the memory of the deceased. We understand what you are going through and how to best protect your interests.

A wrongful death occurs whenever a victim of a personal injury does not survive their injury. Some fatal accidents cause instant deaths, while others inflict severe injuries, leaving victims languishing in attempted recovery until they ultimately succumb to their injuries. Some of the most common causes of fatal personal injuries in Orange County include motor vehicle accidents, workplace accidents, and intentional illegal misconduct.

There are many dangerous places to drive in Orange County, and accidents can happen unexpectedly in various ways. If your loved one passed away from a fatal car crash, your family can file a claim against the at-fault driver’s auto insurance policy before filing your wrongful death claim.

Similarly, if your loved one died while working, their employer’s workers’ compensation insurance may offer death benefits, and then you can file a claim against whoever caused their death. Other causes of wrongful death claims include:

• Nursing home abuse. As many as one in ten Americans over the age of 60 experiences abuse every year, and these types of abuse can occur in nursing home settings. Nursing home abuse and neglect can have both physical and emotional effects on seniors. Victims may exhibit anxiousness or fear, and serious cases can lead to a preventable death. A successful wrongful death claim can potentially cover the cost of funeral services while addressing the emotional harm endured by surviving loved ones.
• Defective products. Defective products. Defective product claims arise when a consumer is fatally injured by a product that is unreasonably dangerous due to a design flaw, manufacturing defect, or inadequate warning. These cases can involve everyday items such as vehicles, medical devices, or household products. Manufacturers, distributors, and retailers may all be held liable under California product liability laws. A successful claim can provide compensation for medical expenses, lost income, and the broader impact the death has on loved ones.
• Premises liability. When a property owner fails to address hazards, visitors, guests, or customers can pay the price. In 2023, 114,427 people were hospitalized due to falls and slips, and an injury claim can hold those negligent business owners accountable for the harm they cause. These cases often rely on medical records, surveillance videos, eyewitness statements, and other key evidence.

Seek Legal Support

If your loved one died because another party willingly broke the law, the at-fault party will face criminal charges in addition to their civil liability for the damages cited in your civil wrongful death claim. If the defendant intended to cause harm, it could significantly increase their penalties once convicted. Your Orange County wrongful death lawyer can explain how the illegal nature of a defendant’s actions may impact your recovery efforts in civil court.

Success with a wrongful death claim or any other type of civil claim for damages requires clear proof of liability. You must identify the party who caused the damages cited in your claim, prove exactly how they caused them, and you must establish causation, meaning you need to prove that your claimed damages solely resulted from the defendant’s actions and not from any other cause.

If you intend to file any type of civil suit for damages in Orange County, it is vital that you understand the state’s law of pure comparative negligence. Under this rule, it is possible for a plaintiff to bear partial liability for their claimed damages and still recover compensation from a defendant. However, they lose a percentage of their final case award equal to their percentage of fault. The higher the value of the case, the greater the loss.

When an investigation into a wrongful death claim reveals that the victim contributed to causing their fatal accident in some way, the family will face a fault percentage assigned by the court. This fault percentage is then subtracted from the final case award. For example, if the decedent was found 25% responsible for causing the fatal accident, it would reduce the final case award for the family’s wrongful death claim by 25%.

A wrongful death claim is a civil lawsuit filed by the surviving family members of a person who died because of another party’s negligence, recklessness, or intentional misconduct. It runs separately from any criminal prosecution and proceeds according to civil law standards, which means the burden of proof is lower than in a criminal case. The family does not need a criminal conviction, or even criminal charges, to pursue a successful wrongful death claim.

Step 1: Confirming You Have a Viable Claim

The first step is evaluating whether the death meets the legal criteria for a wrongful death action under California Code of Civil Procedure Section 377.60. The death must have been caused by another party’s wrongful conduct, a surviving eligible family member must exist to bring the claim, and the family must have suffered measurable damages as a result of the death.

At Easton & Easton, this evaluation happens during a free, confidential consultation. We review the circumstances of the death, identify potential defendants, and give the family a clear and honest assessment of their claim before any representation begins.

Step 2: Investigation and Evidence Preservation

Time matters immediately. Physical evidence deteriorates. Surveillance footage is overwritten. Witnesses move on. Before a lawsuit is filed, the attorneys at Easton & Easton conduct an independent investigation: photographing the scene, issuing litigation hold letters to preserve evidence, ordering all relevant records, identifying potential expert witnesses, and reviewing any police, autopsy, or incident reports.

In cases involving commercial vehicles or employers, we investigate driver history, hours of service records, vehicle maintenance records, and hiring practices. In premises liability cases, we investigate inspection records, prior incident reports, and building code compliance.

Step 3: Identifying All Responsible Parties

The person who directly caused the death is not always the only party with legal liability. An employer may be liable for the acts of an employee who caused the death in the course of their employment. A property owner may be liable for conditions on their premises. A manufacturer may be liable for a defective product. A government agency may be liable for a dangerous road condition.

Identifying every responsible party before filing is one of the most important steps in a wrongful death case. Each additional defendant can mean additional insurance coverage and a stronger claim overall.

Step 4: Filing the Claim and the Litigation Process

Once the investigation is complete, the attorneys file a wrongful death complaint in the appropriate California Superior Court. For cases in Orange County, this is typically the Orange County Superior Court — Central Justice Center in Santa Ana, the Harbor Justice Center in Newport Beach, or one of the county’s other branch courthouses depending on where the incident occurred.

Wait, those are colons not em dashes. Let me use colons consistently for those location references:

For cases in Orange County, this is typically filed at the Central Justice Center in Santa Ana, the Harbor Justice Center in Newport Beach, or one of the county’s other branch courthouses depending on where the incident occurred.

After filing, the parties exchange evidence through a process called discovery. Both sides produce documents, take depositions, and retain expert witnesses to support their positions. In many cases, the parties engage in mediation, a structured settlement negotiation facilitated by a neutral third party, before the case reaches trial.

Step 5: Resolution Through Settlement or Trial

Most wrongful death cases resolve through settlement before trial. A settlement offers the family certainty and finality without the emotional burden and unpredictability of a jury trial. However, Easton & Easton prepares every case for trial from the first day of representation. Insurance carriers know this, and it changes how they negotiate.

If a fair settlement is not offered, Easton & Easton takes the case to trial. Our attorneys have tried cases in Orange County Superior Court, Los Angeles Superior Court, and courts throughout Southern California. A trial verdict is not the end of the road. Either side may appeal. But having a firm willing and prepared to try the case is the most powerful leverage a family can have at the negotiating table.

California law allows surviving family members to recover two categories of damages in a wrongful death claim: economic damages and non-economic damages. Both are described in California Code of Civil Procedure Section 377.61.

Economic Damages

Economic damages are quantifiable financial losses that the family suffered as a direct result of the death. They include:

Loss of financial support. The income the deceased would have earned over their expected working lifetime, calculated based on their age, profession, earning history, and projected career trajectory. In cases involving a young or high-earning decedent, this figure can be substantial and typically requires expert economic analysis.

Loss of household services. The value of services the deceased provided to the household — cooking, cleaning, childcare, home maintenance, financial management — that surviving family members must now pay for or perform themselves. These are often underestimated but can represent a significant long-term financial loss.

Medical and funeral expenses. Costs incurred for medical treatment related to the fatal injury, as well as reasonable funeral and burial expenses paid by the family.

Loss of gifts or other benefits. Financial gifts, investments, inheritance, or other anticipated benefits the deceased would have provided to surviving family members.

Non-Economic Damages

Non-economic damages compensate for losses that cannot be reduced to a specific dollar figure but are no less real. Under California law, a wrongful death plaintiff may recover for:

Loss of love and companionship. The emotional bond between the deceased and their surviving family members — the daily presence, affection, comfort, and shared experiences that are now permanently absent.

Loss of care and protection. The physical and emotional care the deceased provided to their family, including protection, guidance, and moral support.

Loss of society. The enjoyment of the deceased’s company — shared activities, conversation, mutual support, and the texture of everyday life together.

Loss of consortium. For a surviving spouse, the loss of the marital relationship, including physical intimacy and shared partnership in building a life.

There is no formula for calculating non-economic damages. A jury determines the amount based on the evidence presented. The quality of that presentation — how vividly and compellingly the attorneys convey the relationship between the deceased and their family — is one of the most significant factors in determining the final award.

A Note on Punitive Damages

In cases where the defendant’s conduct was especially egregious — intentional, malicious, or involving a conscious disregard for the safety of others — the court may award punitive damages in addition to compensatory damages. Punitive damages are not available in all wrongful death cases and are typically pursued only when the facts support a strong showing of willful or oppressive conduct.

Past results do not guarantee a similar outcome. Every case is different and must be evaluated on its own merits.

Every wrongful death case is different, and timelines vary significantly depending on the complexity of the case, the number of defendants, whether litigation is required, and how cooperative the insurance carriers are. The outline below describes a typical progression for an Orange County wrongful death case.

Immediately after the death (Days 1 to 14)

Contact an attorney as soon as possible. Evidence degrades quickly. Surveillance footage is typically overwritten within 30 to 60 days at most businesses. Witnesses’ memories fade. In cases involving government entities, the administrative claim deadline of six months under the California Government Claims Act may already be running from the date of death.

During this period, Easton & Easton issues litigation hold letters, photographs the scene, orders all available records, and advises the family on what to preserve and what not to say to insurance representatives.

Investigation and case preparation (Months 1 to 3)

The full investigation takes place: independent accident reconstruction where applicable, review of all medical and autopsy records, identification of all responsible parties and their insurers, and preliminary engagement of expert witnesses. The attorneys evaluate the full range of damages — both economic and non-economic — and develop the liability theory.

Demand and negotiation (Months 3 to 6, in straightforward cases)

Once the medical picture is complete and the liability investigation is finished, the attorneys prepare a comprehensive demand package and submit it to the responsible insurance carriers. Carriers have a statutory obligation to respond in good faith. In straightforward cases with clear liability and well-documented damages, settlement negotiations can conclude in this window.

Filing suit (Months 6 to 18, in contested cases)

If the carrier does not negotiate in good faith, Easton & Easton files suit in the appropriate California Superior Court. Once a complaint is filed, the formal discovery process begins: written interrogatories, document production requests, depositions of key witnesses and experts, and independent medical examinations. Discovery in a wrongful death case typically takes six to twelve months.

Mediation and settlement (Months 12 to 24)

Most wrongful death cases in California reach mediation before trial. Mediation is a confidential, non-binding settlement conference facilitated by a neutral mediator — often a retired judge or an experienced trial attorney. Many cases settle at mediation. If mediation does not produce a resolution, the case proceeds to trial.

Trial (Months 18 to 36, if necessary)

Trial in Orange County Superior Court involves jury selection, opening statements, presentation of evidence, expert testimony, and closing arguments. A wrongful death trial typically lasts one to three weeks depending on complexity. After the jury returns a verdict, either side may appeal, which can extend the process further.

What this means in practice

Many wrongful death cases in California resolve in 12 to 24 months. More complex cases — those involving multiple defendants, disputed liability, significant injuries preceding the death, or insurance coverage disputes — may take longer. Easton & Easton does not rush toward settlement at the expense of a fair result. We move as quickly as the evidence and the law allow, and no faster.

We are the car accident wrongful death lawyers of Easton & Easton, LLP. We are a multi-generational family of lawyers who understand the importance of loved ones in our lives. We are skilled, experienced and knowledgeable about California personal injury litigation and have a proud record of successful cases to back it up.

Doug Easton, the founder of Easton & Easton, LLP, has been featured by the Los Angeles Times as one of Southern California’s Best Lawyers and has been repeatedly honored as a Southern California Super Lawyer. For more than 25 years, Doug Easton has earned Martindale-Hubbell’s highest AV Preeminent* peer review rating for ethical standards and legal ability. His sons followed in his footsteps many years ago, and together our family of lawyers has earned great respect and name-recognition among our peers in the legal community in Southern California.

Why You Should Hire a Wrongful Death Lawyer

Without strong legal representation, your wrongful death claim could fail to deliver the resources you and your family need to pay for outstanding medical bills, funeral costs, and other hardships you suffered. Insurance companies can be hard to negotiate with, and court claims are unforgiving if you do not have representation from an Orange County wrongful death attorney.

When you decide to hire a wrongful death lawyer from Easton & Easton, you gain the support of a legal team that can manage your wrongful death claim with a focus on securing full and fair compensation for the harm and setbacks you endured. We have reclaimed hundreds of millions of dollars for our clients in the past few years alone.

Our more than 100 years of combined legal experience means that we understand the state’s wrongful death laws and how they apply to your case. Whether the preventable death happened in Balboa Peninsula, Woodbridge, Old Towne Orange, or elsewhere in the county, you can trust our dedicated injury team to provide you with the comprehensive legal support your case deserves.

Who Can File a Wrongful Death Suit in Orange County?

State law limits eligibility to file a wrongful death suit to the decedent’s closest surviving beneficiaries. Generally, the victim’s spouse is first with the right to file a wrongful death claim, followed by any surviving children. Next would be the victim’s parents, siblings, and other close blood relatives. If they had no family, the personal representative named in their estate and/or anyone who can prove a valid claim on the contents of their estate may file the claim.

How Long Do I Have to File a Wrongful Death Claim?

There is a two-year statute of limitations for wrongful death claims in the state. This time limit begins on the date of the death. However, it is possible for the statute to begin later if the exact cause of death can’t be immediately discerned. The statute of limitations may seem generous, but the reality is that it is always preferable to file a wrongful death suit as soon as possible after a loved one’s death to have the greatest chance of success with the case.

How Much Is a Wrongful Death Claim Worth in Orange County?

You and your family may be entitled to more compensation than you expect. The total damages available in a wrongful death claim include all economic losses resulting from the victim’s death as well as the non-economic damages suffered by the victim’s family. An experienced Orange County wrongful death lawyer can help their client accurately calculate all the claimable damages they can include in their suit.

Will the Defendant Go to Jail for Causing a Wrongful Death?

It is possible for the party responsible for causing your loved one’s wrongful death to face criminal prosecution if they were criminally negligent or caused the death through an intentional and illegal act. Penalties for criminal offenses like drunk driving and assault increase dramatically when the defendant has caused great bodily injury or death with their actions. Your attorney can explain what implications such factors could have on your recovery efforts.

How Much Does It Cost to Hire an Orange County Wrongful Death Lawyer?

The attorneys at Easton & Easton accept civil claims on a contingency fee basis. When you choose us to represent your wrongful death case, you will not pay upfront or ongoing attorney fees. We take a fee only if and when we win your case, and our fee is a percentage of the final case award. This ensures you can secure the legal counsel you need when you need it most, regardless of your family’s financial situation.

At Easton & Easton, LLP, our years of experience allow us to seamlessly assess and coordinate whatever needs to be done after the untimely and wrongful death of a loved one to make certain the full extent of our clients’ claims are identified, quantified and proven.

Our wrongful death lawyers understand the tricks, stratagems and defenses the insurance companies and their attorneys use to defeat or minimize these types of claims, and at Easton & Easton, LLP, we utilize our experience, skill and dedication to make certain our clients do not fall victim to the insurance companies’ tricks and stratagems.

It’s vital to start the claim filing process as soon as possible after your loved one’s death. The sooner you connect with an attorney, the more likely you are to succeed with the claim. Please call us at 714-850-4590 for a free initial consultation. If we do not take your case, there is no charge.