Losing someone you love in an accident caused by another’s carelessness is one of life’s hardest experiences. Families are often left with emotional pain, financial stress, and unanswered questions about what happened. A wrongful death not only brings deep grief but can also leave survivors facing medical bills, funeral and burial costs, and loss of financial support.
Cefali & Cefali Personal Injury Lawyers helps families in Laguna Niguel and throughout Orange County hold negligent parties accountable. Our Laguna Niguel wrongful death lawyer provides compassionate support and strong legal guidance during this difficult time.
We understand how painful it is to lose a loved one, and we use our legal experience to help your family find justice and financial relief under California law.
A wrongful death occurs when someone dies due to another person’s negligence, recklessness, or intentional act. Under California Code of Civil Procedure § 377.60, certain surviving family members can file a wrongful death lawsuit to recover damages for their losses.
These claims are part of personal injury law and help families obtain justice for the harm caused to their loved one.
Under California Code of Civil Procedure § 377.60, those who may file a wrongful death claim include:
If no eligible family members exist, the estate's representative can bring the claim. The estate’s representative may also pursue a survival action for medical costs or pain and suffering the deceased experienced before death. This allows families to recover the full range of damages available under California law.
Under California law, wrongful death claims are designed to compensate family members for their losses after a loved one’s death. These laws outline who can file, what types of damages are allowed, and how the court determines fault and compensation.
The California Code of Civil Procedure § 377.60 – § 377.62 explains who can file and what damages can be recovered. These laws help surviving family members seek justice through a wrongful death lawsuit or a survival action (under § 377.30) for losses the deceased suffered before death, such as medical expenses or lost wages.
CACI 3921 guides juries on awarding damages in wrongful death cases. It allows compensation for both economic and non-economic damages, including pain and suffering, loss of consortium, and loss of financial support.
Families filing a wrongful death claim can seek compensation for both financial and emotional losses. These damages aim to ease the economic and emotional burden left by the tragedy.
To win compensation, families must prove that:
Personal injury lawyers use medical records, police reports, expert witnesses, and evidence collection to build a strong case. Proving negligence is key to achieving a fair settlement or verdict.
Under California Code of Civil Procedure § 335.1, families have two years from the date of death to file a wrongful death lawsuit.
For medical malpractice cases, the statute of limitations is one year from the date the injury was discovered or three years from the act under § 340.5. Acting quickly helps your personal injury attorney preserve evidence and protect your rights.
The wrongful death claim process involves several steps that help families pursue compensation efficiently and fairly. A skilled Laguna Niguel wrongful death lawyer can handle every stage with professionalism and care.
You’ll meet with an attorney to discuss what happened, review medical records, and assess your legal options. Your wrongful death lawyer will explain your rights under California law and estimate the potential value of your claim.
During this stage, your attorney also reviews any insurance coverage and identifies who may be legally responsible for the death. This early evaluation helps your family understand what to expect throughout the wrongful death claim process.
Your legal team will gather police reports, witness statements, medical documentation, and expert opinions. This evidence helps prove duty of care and negligence in court. They may also collect photos, medical records, and information from insurance companies to strengthen your case.
Every detail, from property damage to medical expenses, is reviewed carefully to ensure nothing is overlooked.
Your trial lawyers will handle insurance claims, speak with insurance adjusters, and negotiate fair settlement figures. If insurance companies refuse a fair offer, your lawyer can move the case forward.
The goal is to secure maximum compensation without unnecessary delays or court proceedings. Strong settlement negotiations often save families time, stress, and additional legal costs.
If the settlement fails, your trial attorneys will file a civil lawsuit and begin court proceedings. They will represent your family in the courtroom and litigation representation before a jury to pursue full compensation.
During the trial, your lawyer presents expert witnesses and evidence to show how the defendant’s negligence caused the death. The legal team also ensures your family’s story is told with compassion and strength in front of the jury.
Who can file a wrongful death claim in California?
Under California Code of Civil Procedure § 377.60, immediate family members such as a spouse, children, or parents may file.
What damages can my family recover?
You may recover medical expenses, funeral costs, lost wages, and compensation for emotional pain and suffering.
How long do I have to file?
The statute of limitations is generally two years from the date of death, but medical malpractice cases have shorter time limits.
What is the difference between a wrongful death claim and a survival action?
A wrongful death claim compensates the family, while a survival action covers losses the deceased suffered before death, such as medical costs and lost wages.
Do I need to go to court to win my case?
Not always. Many cases settle during settlement negotiations, but your lawyer will be ready for trial if a fair agreement isn’t reached.
If your family lost a loved one due to someone else’s carelessness or misconduct, Cefali & Cefali Personal Injury Lawyers is here to help. Our personal injury lawyers have extensive legal experience handling wrongful death cases in Laguna Niguel and throughout Orange County. We understand the deep grief and financial strain caused by losing a family member and will guide you with compassion and skill.
We work on a contingency fee basis, meaning you pay nothing unless we win your case. Contact us today for a free consultation and learn how our trial attorneys can help your family recover compensation for medical bills, loss of financial support, and the emotional pain of losing someone you love.
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