Santa Ana Wrongful Death Lawyer

If you lost a loved one due to someone else’s negligence, our Santa Ana wrongful death lawyers from Attorney Jeff Car Accident Lawyer can help you and your family hold the responsible party accountable. Contact us today to schedule a free consultation by calling our law offices at (714) 701-8149.

Holding Responsible Parties Accountable After a Devastating Loss

The experienced wrongful death attorneys from Attorney Jeff Car Accident Lawyer help protect families’ rights, guide them through complex legal procedures, and fight to secure the compensation they deserve.

Our compassionate legal team has extensive experience handling both personal injury and wrongful death cases, providing full support to grieving families. We understand the emotional and financial burdens you face, and we are committed to supporting you with tailored representation and guidance.

When you are ready, please contact us to schedule a complimentary consultation and discover how our services can support you and your family during this challenging time.

Table of Contents

Who Can File a California Wrongful Death Lawsuit?
How Long Do I Have to File a Wrongful Death Lawsuit in Santa Ana, CA?
How Fault Is Proven in a Wrongful Death Case
What Can Be Compensated in a Wrongful Death Case?
Do I Need to Hire a Wrongful Death Attorney?

What Is a Wrongful Death Claim?

A “wrongful death” occurs when a person dies due to the wrongful act, intentional act, negligence, or misconduct of another individual, company, government agency, or other entity. These claims arise under California civil law and are separate from any potential criminal prosecution that may also be pursued.

While a fatal accident may not always result in criminal charges, it may result in a civil wrongful death claim. This means that even if someone faces criminal charges, the surviving family can pursue their own civil case for damages, regardless of the outcome of the criminal charges or the results of the criminal case.

Wrongful death claims are governed by California Code of Civil Procedure § 377.60, and the legal process allows eligible survivors to seek compensation for the real losses caused by the death.

Who Can File a Wrongful Death Lawsuit in Orange County?

California law limits who can file a wrongful death lawsuit to ensure claims are made by those who have a close connection to the deceased person. Wrongful death claims are generally reserved for the deceased person’s immediate family members, such as a surviving spouse, domestic partner, or children. Eligible parties may include:

• Surviving Spouse or Registered Domestic Partner
• Children, including biological, adopted, or dependent stepchildren
• Grandchildren, if there are no surviving children
• Parents, if they were dependent on the decedent or if no spouse/children exist
• Putative Spouse, who is someone who can show a good faith belief in the marriage and financial dependence on the deceased person
• The personal representative of the deceased person’s estate
• Other financially dependent individuals, like minors living in the home, or individuals financially relying on the decedent

If there are no immediate family members, those entitled to the decedent’s property under California’s intestate succession laws may be able to file a wrongful death claim. 

The Statute of Limitations and How Long You Have to File

In California, you generally have two years from the date of the victim’s death to file a wrongful death lawsuit in civil court. If the filing period is not met, the claim will be dismissed, and compensation may no longer be pursued. Certain exceptions may apply if the following factors are involved:

• Medical Malpractice — Can have alternate deadlines, which can be one year from discovery or three years from the date of the passing, whichever comes first
• Claims against a government entity — Reduces the filing period to six months instead of two years
• Discovery Rule — Delays the statute of limitations if the cause of death was not immediately known

Because timelines vary for how long you have to file a wrongful death lawsuit, speaking with a Santa Ana wrongful death lawyer immediately after a loss is essential to preserve your rights.

What Compensation Can You Recover?

In California wrongful death claims, surviving family members may seek compensation for both economic and non-economic damages, as well as punitive damages, in rare cases. The purpose of seeking compensatory damages is to provide families with justice and financial recovery following a family member’s death.

Wrongful death damages distributed among surviving family members and other beneficiaries may include the following.

Economic Damages

These are clear, monetary damages or loss of financial support that can be documented:

• Medical bills and other medical expenses incurred before death
• Funeral costs and burial expenses
• Loss of future earnings and benefits
• Loss of financial support and household services
• Loss of inheritance or financial contributions

Non-Economic Damages

These are losses that are more subjective but legally compensable:

• Loss of love, companionship, and comfort
• Loss of protection and guidance
• Emotional distress and grief
• Loss of consortium or sexual relations for a spouse or partner
• Loss of moral support
• Pain and Suffering experienced by the victim before passing

Surviving family members can pursue damages for loss of companionship, love, support, and moral support in a wrongful death claim.

Punitive Damages

Punitive or exemplary damages are intended to punish particularly egregious conduct and prevent similar future acts. These are awarded only in limited circumstances, such as gross negligence, like drunk driving that led to another person’s death, and are not guaranteed. 

The Benefits of Working with a Santa Ana Wrongful Death Lawyer

Losing a loved one is one of the most painful experiences a family can endure, primarily when the death was caused by someone else’s negligent acts or wrongful conduct. Those who are forced to undergo such a loss have the legal right to pursue justice and life-changing financial awards through a wrongful death claim.

At Attorney Jeff, our Santa Ana wrongful death lawyers provide guidance and support for grieving families when they need it the most, offering the following:

• Deep experience with California wrongful death cases and a proven track record of recovering the maximum compensation for clients
• Understands the Orange County Superior Court system 
• Investigates thoroughly and builds a compelling case to identify and prove liability
• Negotiates aggressively with insurance companies for an optimal outcome
• Is prepared to take cases to trial to obtain the maximum compensation
• Provides compassionate, responsive support during and after the case proceedings

Our Orange County law firm’s proven track record includes a history of securing substantial settlements and verdicts in past wrongful death cases. We will fight to make sure your voice is heard and your family’s future is protected.

How Much Does a Wrongful Death Lawyer Charge?

Wrongful death lawyers typically charge a contingency fee, which may range from 33% to 40% of the recovery. This means they only get paid if the case is won.

Our Orange County personal injury law firm honors our “No Win, No Fee” guarantee. Therefore, if the case does not result in the maximum compensation, we charge no legal fees for services.

Types of Accidents and Incidents That Lead to Wrongful Death Claims

Wrongful death claims can be presented following any situation where negligent or intentional conduct causes a fatality. After a fatal accident, experienced Santa Ana wrongful death attorneys are equipped to handle such cases. Common examples include:

• Car, Truck, Motorcycle, and Bicycle Accidents
• Pedestrian and Public Transit Accidents
• Taxi and Rideshare (Uber/Lyft) Crashes
• Workplace Accidents
• Medical Malpractice and Surgical Errors
• Defective Products or Design Defects
• Premises Liability or Slips and Falls
• Nursing Home Abuse or Neglect
• Dangerous Drugs or Consumer Product Failures
• Intentional Acts (Assaults, Violence)

Wrongful death can result from both negligent conduct (failure to use reasonable care) or willful wrongdoing, such as intentional harm or reckless indifference to safety.

How Fault Is Proven in a Wrongful Death Case

To prove negligence, such as one involving a loved one’s wrongful death, it must be demonstrated that the defendant’s actions directly caused the decedent’s death. The four elements of negligence must be established. 

1. Duty of Care: The defendant owed a legal duty to exercise reasonable care toward the victim. For example, a motorist owes a duty of care to obey traffic laws.
2. Breach of Duty: The defendant’s actions breached the duty of care owed to the victim. For example, a driver exceeding the speed limit is breaching the responsibility to follow traffic laws.
3. Causation: There must be a direct link of the defendant’s actions causing the fatal accident. For example, it can be proven that a speeding driver caused a fatal car accident by running a red light.
4. Damages/Losses: The surviving family members have suffered quantifiable harm, including both financial recovery and emotional losses. For example, this may include funeral and burial expenses.

Proving negligence in a wrongful death claim requires showing that the defendant’s actions directly caused the death. This process involves meticulous investigation, collection of evidence (e.g., accident reports, police reports, medical records, witness statements, and expert testimony), and a legal strategy that insurance companies and defendants’ legal teams cannot challenge.

The Wrongful Death Legal Process

Navigating a wrongful death claim can be emotionally and legally complex. Handling wrongful death claims involves many legal aspects, including managing all legal procedures so families can focus on grieving.

Working with a Santa Ana wrongful death lawyer with local knowledge is beneficial, as they are familiar with local court procedures, judges, and insurance negotiation tactics. Here’s a broad overview of what to expect and how a wrongful death lawyer will help you recover compensation.

1. Initial Consultation and Case Evaluation

Most Santa Ana wrongful death attorneys offer free consultations with prospective clients. The purpose of these meetings is to review the facts, identify all potential at-fault parties, and explain available legal options.

2. Thorough Investigation and Evidence Collection

A personal injury attorney will gather critical evidence, including police/accident reports, medical records, witness statements, and expert analyses, to prove fault and demonstrate the impact the incident had on the family. An early investigation helps obtain and preserve valuable evidence.

3. Filing the Complaint

Before filing a complaint, legal teams typically send a formal demand letter for compensation to the defendant’s insurance company. This step aims to resolve the matter without litigation and may lead to a wrongful death settlement, rather than proceeding to trial.

4. Discovery Phase

The discovery process is when both parties exchange information under oath, share evidence, depose witnesses, and develop legal strategies to determine if they should proceed with litigation or settle.

5. Settlement Negotiations

Many cases resolve through negotiation with insurance companies or defendants. A wrongful death lawyer negotiates with insurance adjusters to seek compensation. If the insurance company refuses to offer a fair wrongful death settlement or cooperate in good faith, a Santa Ana personal injury lawyer can file a lawsuit and proceed with formal litigation.

6. Trial Preparation and Trial

A formal wrongful death lawsuit must be filed with the civil court before the statute of limitations expires. During the trial phase, evidence from both parties is presented before a judge or jury to prove fault and sustained losses. Working with an experienced legal team ensures deadlines are met and personal interests are maintained.

Common Questions About Orange County Wrongful Death Claims

What is the maximum payout for wrongful death?

A Nevada court awarded the parents of a victim in a Grand Canyon helicopter crash a $100 million settlement. It’s important to note that settlements will always vary, regardless of case similarities. Lower-end settlements may range between $100,000 and $300,000, while higher-end cases can result in settlements exceeding $1 million.

Do I need a lawyer to file a wrongful death claim?

No, you are not legally required to hire a personal injury attorney. However, wrongful death cases entail a complex legal system, follow strict procedural rules, and often involve aggressive insurance defenses. An experienced Santa Ana wrongful death attorney significantly increases the chances of obtaining full and fair compensation.

What happens if the responsible party isn’t criminally charged?

Criminal and civil cases are separate. A wrongful death action is a civil claim that is not dependent on the outcome of criminal proceedings. Therefore, even if there are no criminal charges or a defendant is acquitted, a wrongful death lawsuit may still be pursued.

How long does a wrongful death case take?

Each case varies. Simple claims may settle in months, while more complex cases with disputes, multiple defendants, or trials can last up to a year or more. Initiating the claims process as soon as possible, along with seeking legal guidance, will help expedite the case proceedings.

Can more than one party be liable in a wrongful death lawsuit?

Yes. Wrongful death claims may involve various individuals, companies, employers, vehicle manufacturers, property owners, or public agencies, depending on what caused the death. Therefore, shared responsibility or comparative negligence may impact the case outcome.

Is wrongful death compensation taxable?

Generally, wrongful death compensation is not taxable; however, exceptions exist for punitive damages, which may be subject to taxation. For non-economic damages, California does not impose caps on damages in most wrongful death cases, except for medical malpractice claims.

Compassionate Legal Support After a Loved One’s Death

Attorney Jeff Car Accident Lawyer is prepared to provide thoughtful legal guidance and advocate for your family’s rights. You don’t have to face this difficult time on your own. Our experienced Santa Ana wrongful death lawyers are ready to fight for the fair compensation you deserve.

Address: 1418 N. Main St, Suite 200-,A Santa Ana, CA 92701

Phone Number: (714) 701-8149

Other Practice Areas Our Santa Ana Law Offices Specialize In

Jeff Fayngor, Esq., has been recognized by colleagues and other industry leaders with accolades that include USA Today’s Top 15 Attorneys, an Avvo 10.0 Superb Top Personal Injury Attorney ranking, and an A+ Rating from the BBB. 

Jeff’s got you, and his award-winning law firm can assist in the following practice areas:

• Santa Ana Bicycle Accidents
• Santa Ana Car Accidents
• Santa Ana Dog Bite Accidents
• Santa Ana Motorcycle Accidents
• Santa Ana Pedestrian Accidents
• Santa Ana Personal Injury Accidents
• Santa Ana Slip and Fall Accidents
• Santa Ana Truck Accidents
• Santa Ana Uber Accidents
• Santa Ana Lyft Accidents
• Santa Ana Workers’ Compensation Claims

Our California Law Firm’s Other Locations

Our wrongful death attorneys are ready to meet you and discuss your personal injury case. Schedule a free consultation with one of our offices in Northern or Southern California today.

• Bakersfield
• Corona
• Fontana
• Fresno
• Hesperia
• Monterey Park
• Rancho Cucamonga
• San Jose
• Tustin
• Van Nuys
• Victorville
• Visalia

Contact a Santa Ana Wrongful Death Lawyer for a Free Consultation

If you’ve lost a loved one due to someone else’s careless, negligent, or intentional actions, don’t wait to act. Time is limited under California law, and evidence can disappear as time passes.

Call now for your free, no-obligation consultation. A compassionate wrongful death attorney from our law firm will review your case, explain your legal rights, and help you determine the best next steps.