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.
If you lost a loved one because of someone else's negligence in Garden Grove, California law allows certain family members to bring a wrongful death claim against the people responsible. A wrongful death lawyer can help your family recover the financial support, companionship, and funeral costs the death has taken from you, while you focus on grieving and caring for each other.
Cefali & Cefali represents families in Garden Grove and throughout Orange County in wrongful death claims arising from car and truck crashes, pedestrian accidents, unsafe property, and other preventable deaths. Call (949) 325-7790 for a free, confidential consultation. You pay nothing unless we recover compensation for your family.
What Is a Wrongful Death Claim in California?
A wrongful death claim is a civil case brought by a person's surviving family when the death was caused by another party's negligent or wrongful conduct. It is governed by California Code of Civil Procedure § 377.60. The claim is separate from any criminal case: even if the at-fault driver is never charged or is found not guilty, the family can still pursue compensation in civil court, where the standard of proof is lower.
To succeed, the family generally must show that:
The defendant owed a duty of care, such as a driver's duty to drive safely or a property owner's duty to keep premises safe.
The defendant breached that duty through a careless or wrongful act.
The breach caused the death.
The family suffered losses as a result, such as lost financial support and lost companionship.
Common Causes of Wrongful Death in Garden Grove
Many of the fatal cases we see in Garden Grove start on the road. The SR-22 Garden Grove Freeway, the I-5 and I-405, and busy surface streets like Harbor Boulevard, Garden Grove Boulevard, Brookhurst Street, and Beach Boulevard carry heavy traffic through the city every day. Common causes include:
Unsafe property conditions, including falls, pool drownings, and negligent security.
Defective products such as faulty vehicle parts or equipment.
Who Can File a Wrongful Death Claim in California?
California law limits who can bring a wrongful death claim. Under Code of Civil Procedure § 377.60, the following people may file:
The surviving spouse or registered domestic partner.
The decedent's children, and the children of any deceased child.
Others who would inherit under California intestate succession, such as parents or siblings, if there is no surviving spouse, domestic partner, or children.
Certain dependents, including a putative spouse (someone who believed in good faith that they were validly married to the decedent), the putative spouse's children, stepchildren, and parents, if they were financially dependent on the decedent.
A minor who lived in the decedent's household for the previous 180 days and depended on the decedent for at least half of their support.
An unmarried partner who was not a registered domestic partner generally cannot file. California also follows a "one action" rule: all eligible family members bring a single lawsuit together, so it is important to identify every eligible person early.
What Damages Can a Family Recover?
California wrongful death damages compensate the family for what they lost because of the death. They fall into two groups.
Economic damages include:
The financial support the decedent would have provided over their lifetime.
The value of household services the decedent would have performed, such as childcare and home upkeep.
Gifts and benefits the family would have received.
Reasonable funeral and burial expenses.
Non-economic damages include the loss of the decedent's love, companionship, comfort, care, assistance, protection, affection, society, and moral support, and for children, the loss of training and guidance.
California law does not allow a wrongful death award for the family's grief, sorrow, or mental anguish, and punitive damages are not available in the wrongful death claim itself. Punitive damages and some other losses belong to a separate survival action, explained below.
Wrongful Death vs. Survival Action
A wrongful death claim and a survival action are two different claims that often move forward together:
Wrongful Death Claim
Survival Action
Who brings it
Eligible family members
The estate's personal representative
What it covers
The family's own losses from the death
The losses the decedent had before death
Examples
Lost support, household services, companionship, funeral costs
Medical bills and lost wages before death, property damage
Punitive damages
Not available
May be available under Code of Civil Procedure § 377.34
Where the money goes
Directly to the eligible family members
To the estate, then distributed to heirs
California restricts how much of the decedent's own pain and suffering can be recovered in a survival action, and the rules on that point have changed in recent years. We review how the current law applies to your family's case.
How Long Do You Have to File?
In California, a wrongful death lawsuit generally must be filed within two years of the date of death under Code of Civil Procedure § 335.1. If a city, county, or other public agency may be responsible, for example because of a dangerous road or a government vehicle, a written government claim must be filed within six months under Government Code § 911.2. Missing either deadline can end the claim, so it is best to speak with a lawyer as early as you are able.
How We Help Garden Grove Families
We handle the legal work so your family does not have to. When you call us, we:
Gather the Garden Grove Police Department or CHP report, witness statements, video, and the coroner's findings.
Work with accident reconstruction experts and economists to prove fault and the full value of your family's loss.
Identify every eligible family member and every available insurance policy, including uninsured and underinsured motorist coverage.
Coordinate the wrongful death claim with any survival action and probate matters.
Handle all communication with insurance companies, and file suit in Orange County Superior Court if they will not pay fairly.
If the at-fault party also faces criminal charges, we keep the civil case moving on its own track and use the criminal record as evidence where it helps.
Talk to a Garden Grove Wrongful Death Lawyer
Our office is at 27136 Paseo Espada, Suite 1123, in San Juan Capistrano, and we represent families throughout Orange County, including Garden Grove, Santa Ana, Westminster, and Anaheim. We work on a contingency fee basis, so your family pays nothing unless we recover compensation. Call (949) 325-7790 or contact us online for a free consultation.
The surviving spouse or registered domestic partner, the decedent's children, and, if none of them survive, others who would inherit under intestate succession, such as parents or siblings. Certain financially dependent people, including a putative spouse, stepchildren, and parents, may also file.
How long do I have to file a wrongful death lawsuit in California?
Generally two years from the date of death under Code of Civil Procedure § 335.1. If a public agency may be responsible, a government claim must be filed within six months.
Can we get punitive damages in a wrongful death case?
Not in the wrongful death claim itself. Punitive damages may be available through a separate survival action brought by the estate, when the at-fault party acted with malice, oppression, or fraud.
Can we file a civil claim if the driver was charged with a crime?
Yes. A criminal case and a wrongful death claim are separate. The family can pursue compensation whether or not the driver is charged or convicted, and the civil case uses a lower standard of proof.
How much does a wrongful death lawyer cost?
Cefali & Cefali works on a contingency fee basis. There is no upfront cost, and your family pays no attorney fee unless 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.
