This page was written and reviewed by Michael J. Cefali, Esq. Attorney Cefali is a founding partner of Cefali & Cefali, APC, based in San Juan Capistrano, CA. He holds a Juris Doctor from Chapman University Fowler School of Law and a B.A. in Global Studies & Maritime Affairs from the California Maritime Academy. Widely recognized for his advocacy in personal injury law, he has secured multi-hundred-thousand-dollar settlements in motorcycle accidents, hit-and-runs, and red-light collision cases. He maintains a perfect 10.0 “Superb” rating on Avvo.
Beyond his legal practice, Mr. Cefali actively supports his community through the Rotary Club of San Juan Capistrano, contributes to housing and meal programs for those in need, and enjoys fishing and spending time with his rescue dogs.
The date below reflects when this page was last reviewed for accuracy. Please see our Editorial Guidelines.
When a family member dies because another driver, company, or property owner was careless, California lets the closest surviving relatives hold that party financially responsible through a wrongful death claim. An Anaheim wrongful death lawyer can handle the investigation, the insurance companies, and the court process while your family grieves.
Cefali & Cefali is a husband-and-wife personal injury firm serving families in Anaheim, Anaheim Hills, and across Orange County. We give every family direct access to the attorneys handling their case. Call (949) 325-7790 for a free, confidential consultation. There is no fee unless we recover compensation.
How California Defines Wrongful Death
Under California Code of Civil Procedure § 377.60, a wrongful death claim arises when a person dies because of another party's wrongful act or neglect. If the person who died could have sued for their injuries had they survived, their family can usually bring a wrongful death claim instead.
The claim belongs to the surviving family members, not to the estate, and it compensates them for what they have lost. It is a civil case, separate from any criminal prosecution. A family can recover compensation even when the at-fault person is never charged, because civil cases only require proof that the claim is more likely true than not.
Fatal Accidents We Handle in Anaheim
Anaheim's mix of freeway interchanges, tourist traffic around the Disneyland Resort and the Anaheim Convention Center, and busy arterials like Harbor Boulevard, Katella Avenue, Lincoln Avenue, and Ball Road leads to serious crashes. We represent families after deaths caused by:
Dangerous property conditions and defective products.
Which Family Members Can Bring the Claim?
Not every relative can file. California gives the right to specific people, generally in this order:
Spouse or registered domestic partner and children of the person who died, including the children of a child who has also passed away.
If none of them survive, the people who would inherit under California's intestate succession rules, which can include parents, brothers, and sisters.
Financially dependent relatives, including a putative spouse, stepchildren, and parents, even when others with a higher priority survive.
An unmarried partner who never registered as a domestic partner generally does not have the right to file. All eligible relatives join in one lawsuit, so we identify everyone with a claim at the start.
Compensation Available to Anaheim Families
Wrongful death compensation in California is measured by what the family lost, not by a price placed on the person's life.
Type of loss
What it covers
Lost financial support
The income and support the person would have contributed to the family
Lost household services
Childcare, home maintenance, transportation, and other help they provided
Funeral and burial costs
Reasonable funeral, burial, or cremation expenses
Loss of love and companionship
Comfort, care, affection, society, and moral support
Loss of guidance
The training and guidance a parent would have given a child
Two limits often surprise families. California does not compensate survivors for their grief or sorrow as such, and punitive damages cannot be awarded in the wrongful death claim. Losses the person suffered before death, such as their medical bills and lost wages, along with any punitive damages, are pursued by the estate in a separate survival action under Code of Civil Procedure § 377.34. We usually bring both claims together.
Filing Deadlines
Most California wrongful death lawsuits must be filed within two years of the death (Code of Civil Procedure § 335.1). When a government agency may share responsibility, such as the City of Anaheim for a dangerous intersection or a public bus operator, the family must first file a government claim within six months (Government Code § 911.2). Evidence like traffic camera footage and vehicle data can be lost quickly, so early action protects the case.
What Our Firm Does for Your Family
Investigation: We obtain the Anaheim Police Department or CHP collision report, the Orange County Sheriff-Coroner's findings, witness accounts, and any video from nearby businesses or the resort district.
Proving fault: We work with accident reconstruction experts and preserve vehicle event data before it is overwritten.
Valuing the loss: An economist can calculate lifetime support and household services so the family's claim reflects the full loss.
Finding coverage: We look for every applicable policy, including commercial policies and the family's own uninsured or underinsured motorist coverage.
Handling the insurers: We take every call and letter, and we file in Orange County Superior Court if a fair settlement is not offered.
If the person who died was partly at fault, California's comparative negligence rule reduces the recovery by that share but does not eliminate it.
Speak With an Anaheim Wrongful Death Attorney
We serve Anaheim and Anaheim Hills from our office at 27136 Paseo Espada, Suite 1123, San Juan Capistrano, and we can meet with families by phone, video, or in person. Call (949) 325-7790 or send us a message to schedule a free consultation.
Does the estate or the family file a wrongful death claim?
The family files the wrongful death claim. The estate's personal representative files a separate survival action for the losses the person suffered before death. The two claims are often brought together.
Can siblings file a wrongful death claim in California?
Sometimes. Siblings can file if there is no surviving spouse, domestic partner, or child, and they would inherit under California's intestate succession rules.
Is there a cap on wrongful death damages in California?
There is no general cap on wrongful death damages in cases like car accidents. The family recovers its proven economic and non-economic losses, reduced only by any share of fault that belonged to the person who died.
How long does a family have to file?
Generally two years from the date of death. If a government agency may be responsible, a government claim must be filed within six months.
What does it cost to hire your firm?
Nothing upfront. We work on a contingency fee, so the family pays an attorney fee only if we recover compensation.
Michael Cefali is a dedicated accident attorney based in San Juan Capistrano, California, committed to securing justice and fair compensation for accident victims.
A graduate of Newport Harbor High School, he went on to earn his Bachelor’s degree in Global Studies and Maritime Affairs from the California Maritime Academy, followed by his Juris Doctor from Chapman University School of Law.
Deeply invested in his community, Michael is an active member of the Rotary Club of San Juan Capistrano, contributing to efforts that provide meals, housing, and support to those in need. Outside of his legal work and volunteer service, he enjoys fishing in Dana Point and spending time with his three rescue dogs—a Chihuahua, a Spaniel mix, and a Shepherd mix.
Driven by his strong belief in justice and fairness, Michael remains steadfast in advocating for individuals harmed by the negligence or inaction of others.
