Mission Viejo Wrongful Death Attorney
Providing Wrongful Death Representation in Mission Viejo, CA
When an individual suffers an injury due to the actions of another person, the injured party has the right to seek compensation for their damages through a personal injury claim. Unfortunately, not every victim survives such experiences, leaving their loved ones to wonder what they can do to hold the party responsible for the death and accountable for their actions. A wrongful death claim can effectively replace a personal injury claim when a victim does not survive their personal injury. While wrongful death claims are functionally similar to personal injury claims in many ways, there are a few key differences potential claimants should know, and it is crucial for them to acknowledge the value of legal representation in these difficult cases.
At Easton & Easton, our team of attorneys has more than 100 years of combined legal experience handling personal injury and wrongful death claims for our clients in Mission Viejo and the surrounding communities. We understand how devastating it is for any family to unexpectedly lose a loved one and the frustration that follows when a death occurs due to negligence, carelessness, or an intentional act of harm. If you have experienced a wrongful death, you need reliable legal counsel to guide you through the legal process of holding the responsible party accountable in civil court. The compensation you receive will not replace your lost loved one, but it can make the transition to your new reality a bit easier.
Why Should I Hire a Lawyer for a Wrongful Death Case?
If you are wondering why you need a wrongful death attorney, it is essential to understand how complex and challenging these cases are for those who have no professional legal experience or formal legal training. Success with any civil claim requires meeting strict court filing deadlines and other procedural requirements. You would need to manage these requirements on your own while also managing the aftermath of a recent death in the family. Even if fault for your loved one’s wrongful death appears perfectly clear, hiring an experienced Mission Viejo wrongful death lawyer to manage your claim will significantly increase your chance of success and make it much easier for you and your loved ones to approach the situation with confidence.
Easton & Easton believes in providing client-focused legal counsel in every case we accept. We’ll take time to get to know you and your situation so we can fully understand how the recent wrongful death has affected you and your family. We have years of experience handling all types of wrongful death claims and will apply this experience effectively in managing your claim.
How Do Wrongful Death Accidents Happen?
Wrongful death can result from many different situations. It’s important to remember that a defendant does not necessarily need to intend to cause a death to be liable for a wrongful death if their actions result in a fatality. When an individual intentionally causes the death of another person, they will face criminal prosecution for murder. However, most of the wrongful death claims filed in Mission Viejo result from situations caused by negligence such as:
- Motor vehicle accidents. One of the leading causes of accidental deaths in the U.S. is motor vehicle accidents. Driving under the influence, distracted driving, and moving violations are just a few examples of how car accidents can cause fatalities.
- Medical malpractice. When medical professionals fail to uphold the standards of care their patients require or incompetently perform medical treatments, they are liable for any resulting damages to their patients. This includes wrongful death. Unfortunately for victims’ families, California enforces limits on the damages available in wrongful death claims.
- Premises liability. If a property owner fails to take appropriate care of their premises and a lawful visitor suffers a fatal injury as a result, the property owner is liable for wrongful death.
- Defective products. If a product manufacturer releases an unreasonably dangerous or defective product and a consumer dies as a result of using the product as intended, the company could face liability for wrongful death under California’s product liability laws.
These are just a few of the ways wrongful deaths might occur, leaving the surviving loved ones of the deceased to wonder what they can do to recover. Easton & Easton can provide the legal representation you need after experiencing a wrongful death claim.
Proven Case Results
We recently settled a wrongful death case for $2.75 million where the decedent was 55 years old with no wife or children, just two surviving parents in their 80s. The defendants’ insurance carrier initially expected to pay no more than $250,000 to settle the case of these 80-year-old parents who had no economic losses as a result of their son’s death. But because we demonstrated the unique bond these parents shared with their son by persuasively telling their family story, we were able to significantly increase the value of their case. After seeing how we would present this elderly couple’s case before a jury, the insurance company knew that taking the matter to trial could result in a substantially higher verdict based on our advocacy. Consequently, we were able to settle the case for an amount far in excess of our clients’ wildest dreams without them having to go through the pain and ordeal of a lengthy trial.
California Wrongful Death Statutes You Should Know
A wrongful death claim in California is very similar to a personal injury claim in many ways, but there are several crucial differences you should know before filing your claim. First, California follows the rule of intestate succession to determine eligibility for filing wrongful death claims. This means those who have valid legal claims on the deceased’s estate typically have the right to pursue wrongful death claims, starting with the deceased’s surviving spouse followed by their children, parents, and other close relatives. If the deceased did not have any close family, anyone who can prove they were financially dependent on the deceased or has a valid claim on the deceased’s estate may pursue a wrongful death claim instead.
California provides a two-year statute of limitations on filing wrongful death claims, and this time limit begins on the date of the death. While it may seem like a very long time, it can close very quickly as a family starts managing the aftermath of a wrongful death. It’s important to act quickly and secure legal counsel for the best chance of succeeding with your claim. Finally, when it comes to the damages available in your wrongful death claim, it is vital to understand that the compensation available in a wrongful death claim is meant for the surviving family. However, it’s possible for the claimants to secure compensation for damages to the deceased’s estate through a survival action.
Wrongful Death Claims vs. Survival Actions
If you succeed with your wrongful death claim in Mission Viejo, CA, you can recover several types of compensation including funeral and burial expenses and the lost value of the household services provided by the deceased. The claimants can also recover pain and suffering compensation for the loss of affection, care, guidance, and companionship provided by the deceased. The plaintiff can also receive compensation for the financial support the deceased could have continued to provide, had they survived. Your Mission Viejo wrongful death attorney would calculate an appropriate amount based on the deceased’s salary and the amount of time they could have reasonably expected to work until retirement age.
A wrongful death claim can provide the deceased’s family with substantial compensation, but it cannot provide compensation for any damages incurred by the deceased estate. In these situations, a survival action can hold a defendant accountable for the additional damages that are not available in a wrongful death claim. For example, if a defendant caused the death in question but the deceased did not die immediately from the incident in question, the deceased may have incurred significant medical expenses following the incident. A survival action allows plaintiffs to recover medical expenses for the deceased’s final injury or illness, lost income between the incident and the death, and property damage sustained because of the defendant’s behavior.
Depending on how a wrongful death happens, the defendant could potentially face a wrongful death claim, a survival action, and criminal prosecution for causing the death of another person. If you intend to work with a Mission Viejo wrongful death lawyer to hold the defendant in question accountable, you should know what you will need to do to succeed with your lawsuit.
Proving Liability for a Wrongful Death Case in Mission Viejo
Wrongful death claims function around the legal concept of negligence, similar to personal injury claims. To succeed with a wrongful death claim, the plaintiff must identify the defendant responsible for the death in question, prove the defendant was negligent or acted intentionally in some way that resulted in the death, and provide the court with a complete and accurate list of their claimed damages.
Your attorney may need to provide several important legal services to accomplish this. You mayneed to secure material evidence, witness testimony, and even consult expert witnesses to identify the defendant responsible for the wrongful death in your family and prove their negligence. Once you have succeeded in identifying the defendant or defendants responsible for the wrongful death, your attorney must then calculate the damages you can secure from your claim. A good attorney will also advise you as to whether a survival action is appropriate for your circumstances.
What to Expect From Your Mission Viejo Wrongful Death Attorney
Approaching any wrongful death claim can be incredibly challenging and emotionally stressful for the plaintiff and their loved ones. When you choose Easton & Easton to represent your wrongful death claim, we will do everything we can to make the process as easy and understandable as possible. Our team will work closely with you to gather the evidence and documentation we need to hold the defendant accountable and maximize your recovery.
We understand that a recent death in the family is an unexpected tragedy, and you probably have many questions about what to do and how to approach a wrongful death claim. If you are ready to discuss your legal options after a recent death in the family that someone else caused, Easton & Easton can help. Contact us today to schedule your consultation with our firm and we will let you know how we can assist you as your Mission Viejo wrongful death lawyers.
Your Story Is Important To Us.
CALL US SO WE CAN HEAR IT.
Easton & Easton has been recognized by TopVerdict.com Top 10 Motor Vehicle Accident Settlement in Los Angeles for 2025, for the case Bicyclist v. Inattentive Driver — the fifth time the firm has appeared on a TopVerdict list across nine years, and a recognition that arrives in the firm’s 35th anniversary year.
Easton & Easton holds an A+ rating with the Better Business Bureau — the highest rating available. Trust is earned. We've earned it.
Easton & Easton is honored to have been chosen anew each year since 2014 by U.S. News & World Report and Best Lawyers as one of the "Best Law Firms" for the Southern California Metro Area.
Easton & Easton was voted #1 in 2025 (People's Choice Award). This recognition means the most to us — because it comes from the community we serve.
Doug, Brian, and Matt Easton were selected to the National Trial Lawyers Top 100 — an invitation-only organization recognizing the nation's premier trial attorneys. Selection is based on case results, leadership, and reputation. When you need attorneys who are ready for the courtroom, you want a team that's already proven they belong there.
All five partners of Easton & Easton — Doug, Brian, Matt, Travis, and Gabe — were selected to Best Lawyers in America® 2025. This is the oldest and most respected peer-review publication in the legal profession. Selection is based entirely on peer review, representing the consensus opinion among leading lawyers in the community. When other attorneys are asked who they trust, they name us.
Our $4.5M settlement in Dump Truck Operator v. Equipment Rental Co. has been recognized as #1 in California for 2025 in two categories: • #1 Paraplegia Settlement in California — 2025 • #1 Rollover Accident Settlement in California — 2025
Our $4.5M settlement in Dump Truck Operator v. Equipment Rental Co. has been recognized as #1 in California for 2025 in two categories: • #1 Paraplegia Settlement in California — 2025 • #1 Rollover Accident Settlement in California — 2025
We were recently honored for our efforts in securing a $32,000,000 settlement for our client, which was selected as the #1 Bicycle Accident Settlement in California in 2024 by TopVerdict.com.
Easton & Easton was named a Tier 1 firm in Southern California by U.S. News & World Report — the highest ranking a law firm can achieve. Selection is based on client feedback, peer reputation, and professional excellence. When independent evaluators rank the best, we're at the top.
Gabe Mendoza, Alexandro Garza, John Oney, Billy Seidlitz, and Aaron Sinfield were selected to Super Lawyers Rising Stars — honoring the top 2.5% of attorneys 40 or younger in California. Three attorneys — John, Billy, and Aaron — were selected for the first time in 2027. The next generation of Easton & Easton is already among the best in the state.
Easton & Easton was voted "Best Personal Injury Law Firm in Orange County" by readers of the Los Angeles Times in 2018, 2019, and 2020. Three years in a row — chosen by the people we serve
Doug, Brian, Matt, Travis, and Saul were selected to Super Lawyers — a distinction earned by only 5% of California attorneys. Selection is based on peer nominations, independent research, and professional achievement. Doug Easton has been selected for 19 consecutive years. Matt Easton was also named to the Top 50 Orange County Super Lawyers for 2027. When you hire Easton & Easton, you're hiring attorneys in the top 5%.
Easton & Easton was recently honored for securing a $26,000,000 settlement for our client, which was selected as a Top 10 Personal Injury Settlement in California in 2023 by TopVerdict.com.
Easton & Easton received the "People Love Us On Yelp" award in 2016 due to exceptional client satisfaction reviews.Our clients don't just hire us — they recommend us.
Easton & Easton was recently honored for securing a $32,000,000 settlement for our client, which was selected as one of the Top 20 Personal Injury Settlements in the entire United States in 2024 by TopVerdict.com.
Brian, Matt, and Travis Easton are lifetime members of the Multi-Million Dollar Advocates Forum — a distinction held by less than 1% of U.S. attorneys. Membership requires securing a verdict or settlement of $2 million or more. When you hire Easton & Easton, you're hiring proven results - because Results Matter.
Doug Easton has held the "AV Preeminent" Rating for over 30 years, and Matt Easton received this prestigious distinction in 2015. The AV Preeminent rating is the highest possible rating for both legal ability and ethical standards, based on the legal profession's oldest peer review rating system — dating back to 1887. When your peers have trusted your ability and integrity for over three decades, that says everything.
We were recently honored for securing a $26,000,000 settlement for our client, which was selected as a the #1 Personal Injury Settlement in Los Angeles County in 2023 by TopVerdict.com.
Brian Easton was selected to the American Board of Trial Advocates (ABOTA) in 2015. ABOTA is one of the most premier associations of trial attorneys and judges, requiring a proven track record of jury trials as lead counsel and approval by a majority vote of the ABOTA board. Membership isn't given — it's earned in the courtroom.
Travis Easton, Gabe Mendoza, and Brenda Kocaj were selected to the National Trial Lawyers Top 40 Under 40 — an invitation-only honor recognizing the nation's top young trial attorneys. At Easton & Easton, experience and ambition work side by side.
Easton & Easton was honored for securing a $20,000,000 settlement for our client, which was selected as one of the Top 10 Personal Injury Settlements in the entire United States in 2019 by TopVerdict.com.
Both Doug and Matt Easton have been selected as Top Personal Injury Attorneys by Avvo with scores of 10 out of 10 — based on skill, experience, results, peer evaluations, and client reviews. A perfect score. No room for higher.
Easton & Easton was honored to have been chosen by the LA Times Reader's Choice Poll as "The Best Personal Injury Law Firm in Orange County" for 2018-2020 (each year the voting took place).
We were recently honored for our efforts in securing a $1,850,000 verdict for a client, which was selected as one of the Top 50 Personal Injury Verdicts in California in 2016 by TopVerdict.com.
20+ prestigious awards and recognitions. Exposed to the harshest scrutiny. Earning the highest honors. Recognized by every major legal organization — year after year.
Awards/recognitions noted are from organizations recognized within the legal profession as bona fide.
No purchase was required for selection. Selection methodologies available upon request.
*Past results do not guarantee a similar outcome.
“We look for the human story behind every injury or wrongful death. We prepare our cases for trial; reaching out to the jury with the most compelling evidence possible for the best verdict possible. Insurance companies know this and come to the table prepared to negotiate in good faith. Call us to see how we can turn your story into fair compensation.”
Partner W. Douglas Easton
What Our Clients Say
“Client testimonials reflect individual experiences; results vary. No guarantee of outcome.”
Contact
Contact
ES