Learning that a loved one’s death was preventable can lead to calls for answers and accountability. California wrongful death claims are some of the most legally and emotionally complex cases seen in court. One early step for anyone seeking compensation through this type of court filing would be to understand eligibility and who can file a wrongful death claim.

Understanding Eligibility for a Wrongful Death

Whether a wrongful death occurs in Lido Isle, Floral Park, Turtle Rock, or elsewhere in California, the same laws apply to a wrongful death claim. In California, the wrongful death statute is found in California Code of Civil Procedure § 377.60. The law allows certain surviving family members to file a civil claim when a person dies due to someone else’s wrongful act or negligence.

En 2023, había 17 809 personas muertas o heridas in car collisions across Orange County, and any injury or death that resulted from another driver’s negligence could provide grounds for a civil court action seeking compensation. Under state law, the decedent’s domestic partner, children, surviving spouse, and parents are eligible for compensation through the filing of a wrongful death claim.

In cases where those parties do not exist or are no longer living, stepchildren, putative spouses, and dependents may file a claim. The statute also allows a minor who was dependent on the deceased party to become a party to a wrongful death claim under certain circumstances.

A Step-By-Step Guide to the Wrongful Death Process

The first step in a wrongful death claim is to establish liability. There were 317,582 hospitalizations in California in 2023 due to falls, and property owners can be held liable when the injured party can show that an unaddressed hazard caused their fall. These are the primary steps in a wrongful death claim. 

  • Investigate the incident
  • Identify liable parties
  • Establish damages
  • File the claim
  • Navigate the court process
  • Negotiate or litigate

Most cases are resolved through negotiations, although a trial is always a possibility. Court filings are heard at the Central Justice Center, located at 700 Civic Center Drive West in Santa Ana, or the Lamoreaux Justice Center, located at 341 The City Drive in Orange.

Por qué deberías contratar a un abogado especializado en casos de muerte por negligencia

In 2024, there were 886,644 civil filings across the state, and wrongful death claims are often the most legally complex cases included in those figures. For anyone seeking justice and accountability after a wrongful death, the decision to hire a wrongful death attorney should be a top priority. California’s wrongful death laws provide a pathway for surviving loved ones to pursue compensation, but only when there is evidence to back up that case.

Easton & Easton represents clients seeking compensation through wrongful death cases. Our California abogado de muerte por negligencia can manage your claim with a focus on securing the full compensation that your family is owed. To date, we have helped clients reclaim more than $2 billion through focused negotiations and litigation.

*Los resultados anteriores no garantizan un resultado similar. Cada caso es diferente y debe evaluarse según sus propias circunstancias.

We understand the unique challenges that follow the death of someone who contributed to your family, both financially and through other means of support. Trust our team to see that you receive the justice and compensation that you are owed.

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Easton & Easton appreciates the reviews of those we have represented.

“Easton & Easton is great! Super-professional, easy to work with and is in an ideal location. Everyone I know that has used the firm for a personal injury case, has been happy with their results. Yesenia is always very responsive and helpful. You can tell she has many years of experience in the personal injury field.” Danielle M. 

“Estoy muy contenta con su servicio; para mí fueron como una segunda familia durante todo el proceso. Saúl es una persona atenta y trabajadora; además, fue muy paciente conmigo y siempre tuvo tiempo para explicarme todo. Estoy muy contenta de haberlo tenido como abogado. Gracias, Saúl Wolf”.” 🙂 Grace G. 

“Me encanta trabajar con Easton & Easton, especialmente con Katie, quien se encarga personalmente de que cada aspecto del caso reciba un trato de primera clase. Recomiendo encarecidamente este bufete para casos de lesiones personales”.” Reneee J. 

***Los testimonios de los clientes reflejan experiencias individuales y no garantizan un resultado similar.

Preguntas frecuentes

How Much Compensation Can Be Recovered in a Wrongful Death Claim?

The amount of compensation that can be recovered in a wrongful death claim largely depends on the degree of negligence or misconduct on the part of the defendant and the compensable damages that surviving loved ones suffered following the death. The courts consider financial losses such as lost income and benefits, as well as non-economic losses like loss of companionship, care, and emotional support. There are no caps in most cases.

Who Are Considered Beneficiaries in a California Wrongful Death Claim?

California law limits who may file or benefit from a wrongful death claim. Eligible parties typically include a surviving spouse, domestic partner, and children. If none of these parties exist, other individuals, such as parents and stepchildren, may qualify. Establishing eligibility is key, and an injury lawyer can guide the wrongful death claims process with a focus on protecting your interests.

What Is the Time Limit to File a Wrongful Death Claim in California?

La statute of limitations for most wrongful death claims in California is two years from the date of death. Missing this deadline can prevent a claim from moving forward. Certain exceptions may apply, but these deadlines are generally strictly enforced. Prompt action can also lead to other benefits because evidence is generally easier to collect in the weeks after a daños personales.

What Damages Are Available in a Wrongful Death Case?

Damages in California address the losses of surviving loved ones suffered after a wrongful death. These generally address financial and personal losses. Specific losses may include funeral costs, loss of companionship, loss of income, and other hardships. Non-economic damages address the emotional harm loved ones suffered, while a trial could lead to punitive damages.

Seeking Justice for a Wrongful Death? Contact Easton & Easton Today

When families in California are seeking justice and accountability, they trust Easton & Easton to manage their claims. Our lawyers bring more than a century of combined legal experience, and we have helped the people we represent reclaim more than $2 billion since our firm’s founding. When you work with our firm, you are connected to one of our award-winning lead lawyers who takes a hands-on approach to handling cases from start to finish.

We understand the unique challenges that a wrongful death claim can create for families. Whether your deceased loved one was the primary financial provider for your family or contributed in equally important ways at home, we can take the time to calculate the full scope of your losses so your settlement or court verdict reflects the hardships and setbacks that you faced.

Contact our law firm today to start the process so we can help you receive the justice you deserve. Accountability can come in the form of fair compensation when you partner with Easton & Easton.