Orange County Wrongful Death Attorneys

A wrongful death claim is a civil lawsuit brought when someone dies because of another party’s negligence or wrongful act — such as a car crash, a dangerous property, medical negligence, or a defective product. It allows surviving family members to recover financial compensation for their loss. While no claim can undo the loss of a loved one, it can hold the responsible party accountable and help secure your family’s financial future.

California law (Code of Civil Procedure §377.60) gives priority to the deceased person’s spouse, domestic partner, and children. If there are no surviving members in that group, the right may extend to those who would inherit under California’s intestate succession laws, such as the person’s parents or siblings. Certain financially dependent individuals — including a putative spouse, stepchildren, or dependents — may also qualify. We can quickly determine who has the right to file in your family’s situation.

Under California’s statute of limitations, in most cases you have two years from the date of death to file a wrongful death lawsuit. There are important exceptions: if a government agency is involved (such as a crash with a city vehicle), you may have only six months to file a formal claim; a minor who lost a parent generally has until two years after their 18th birthday; and special rules apply in some product-liability cases where the cause of death is discovered later. Because these deadlines vary so widely, it is important to speak with an attorney promptly.

Surviving family members may recover both financial and personal losses. These can include funeral and burial expenses, medical bills incurred trying to save your loved one, the loss of the deceased’s future income and benefits, and the loss of household services they provided. Families can also recover for the loss of love, companionship, care, guidance, and support. In cases involving especially reckless or malicious conduct, punitive damages may also be available.

Compensation from a wrongful death claim is distributed among the surviving family members who are entitled to file. When multiple people share in a recovery, the amount each receives generally reflects the nature and extent of their individual loss — for example, a spouse and minor children may receive more than a more distant relative. If the family cannot agree, a court can determine a fair allocation. We help families navigate this process with as little conflict as possible.

There is no set amount, because every case is different. The value depends on factors like the deceased’s age, earning capacity, and the financial support they provided, the medical and funeral costs, and the depth of the family’s personal loss. California does not cap most wrongful death damages (though medical malpractice cases have specific limits). During a free, confidential consultation, we can assess your case and give you an honest evaluation.

Generally, compensation you receive for a wrongful death claim is not taxed as income by the IRS, because it compensates for a loss rather than providing a financial gain. However, certain portions — such as punitive damages or interest that accrues on the award — may be taxable. Because tax rules can be complex, we recommend confirming the specifics with a tax professional, and we structure settlements with these issues in mind.

To succeed, you generally must prove four things: that the at-fault party owed a duty of care, that they breached that duty through negligent or wrongful conduct, that the breach caused the death, and that the family suffered damages as a result. This requires strong evidence — accident reports, medical records, expert testimony, and witness statements. Our experienced investigators gather and preserve this proof to build the strongest possible case.

A wrongful death claim is a civil lawsuit, separate from any criminal case. That means you can pursue a claim even if no criminal charges are filed, or even if the at-fault party was acquitted in criminal court — because a civil case has a lower burden of proof. The goal of a civil wrongful death case is financial compensation for the family, not criminal punishment.

There are no upfront costs. Leslie Law Firm handles wrongful death cases on a contingency fee basis, which means you pay nothing unless we win. We advance all the costs of investigating and litigating the case, and our fee is simply a percentage of the compensation we recover. Your initial consultation is always free and confidential.

For over 40 years, Leslie Law Firm has stood beside grieving families across Newport Beach, Costa Mesa, Irvine, Santa Ana, and all of Orange County. We handle these cases with compassion while fighting aggressively for the compensation your family deserves, and we have recovered hundreds of millions of dollars for our clients. We are fluent in English, Spanish, and Farsi, and there is no fee unless we win. Call (949) 752-7474 for a free, confidential consultation.