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 someone's negligence took the life of your spouse, parent, or child in Mission Viejo, California law lets your family bring a wrongful death claim for the financial support, household help, funeral costs, and love and companionship you have lost. A Mission Viejo wrongful death lawyer handles the investigation, the insurance companies, and the court process so your family can grieve without also managing a lawsuit.
Cefali & Cefali represents families in Mission Viejo and throughout Orange County after fatal car, truck, motorcycle, pedestrian, and premises accidents. Call (949) 325-7790 for a free, confidential consultation, available 24/7. Your family pays no attorney fee unless we recover compensation.
What Is a Wrongful Death Claim in California?
A wrongful death claim is a civil lawsuit brought by a person's close family when the death was caused by another party's negligent, reckless, or intentional conduct. It is governed by California Code of Civil Procedure § 377.60. The claim compensates the family for their own losses, not the losses of the person who died, and it is separate from any criminal case against the person responsible.
To succeed, the family must show that the defendant owed the person who died a duty of care, breached that duty, and caused the death, and that the family suffered losses as a result.
Who Can File a Mission Viejo Wrongful Death Claim?
Under Code of Civil Procedure § 377.60, the following people can bring the claim:
The surviving spouse or registered domestic partner.
The person's children, including adopted children, and the children of a child who died earlier.
Other heirs, such as parents or siblings, if there is no surviving spouse, partner, or descendant, based on who would inherit under California's intestate succession rules.
Financially dependent family members, including a putative spouse, stepchildren, and parents who relied on the person for support, even when others also have the right to sue.
A minor who lived in the home for the 180 days before the death and depended on the person for at least half of their support.
The personal representative of the estate, who may bring the claim on behalf of the eligible family members.
California follows a one-action rule: all eligible family members generally must join in a single lawsuit rather than filing separate cases. If one heir does not want to participate, that person can be named in the case so their share is protected. Sorting out who has the right to sue is one of the first things we do.
Wrongful Death Claims vs. Survival Actions
When a person dies from someone else's wrongful conduct, California recognizes two separate claims. Most families pursue both, and Code of Civil Procedure § 377.62 allows them to be joined in one lawsuit or consolidated for trial.
Wrongful death claim
Survival action
Statute
CCP § 377.60
CCP § 377.30 and § 377.34
Brought by
The surviving family members
The estate's personal representative or successor in interest
Compensates
The family's own losses
Losses the person suffered before death
Typical damages
Lost support, household services, funeral costs, love and companionship
Medical bills and lost wages before death, property damage, punitive damages
Where the money goes
Directly to the family members
Into the estate, then to heirs under the will or intestate succession
The Estate Representative's Role
A survival action must be brought by the estate's personal representative (an executor named in a will or an administrator appointed by the probate court) or, when there is no probate case, by the person's successor in interest, who files a declaration under Code of Civil Procedure § 377.32. We coordinate this step so the survival action can proceed alongside the wrongful death claim without delay.
Pain and Suffering Before Death
For survival actions filed from 2022 through 2025, a temporary California law (SB 447) allowed the estate to recover the person's own pain and suffering before death. That law expired at the end of 2025. For survival actions filed on or after January 1, 2026, the estate generally can recover only economic losses and, in some cases, punitive damages. Because the filing date now matters so much, families should speak with a lawyer as early as possible.
Damages Available to Mission Viejo Families
In the wrongful death claim, a jury can award damages that are just under the circumstances (Code of Civil Procedure § 377.61). These usually include:
Lost financial support the person would have provided over their expected working life
Lost gifts and benefits the family would have received
Household services, such as childcare, home maintenance, transportation, and caregiving
Funeral and burial expenses
Loss of love, companionship, comfort, care, and moral support, including a spouse's loss of consortium
Loss of training and guidance a parent would have given a child
Two limits often surprise families. California does not compensate survivors for grief or sorrow in itself, and punitive damages cannot be awarded in the wrongful death claim; they are pursued through the survival action. Outside of medical malpractice cases, California does not cap wrongful death damages. Serious cases often call for an economist to calculate lost support and household services over a lifetime.
Criminal Charges and the Civil Wrongful Death Case
When a drunk or reckless driver causes a death, the Orange County District Attorney may file criminal charges such as vehicular manslaughter. That case is separate from your family's civil claim:
Different goals. The criminal case punishes the driver; the civil case compensates your family.
Lower burden of proof. A criminal conviction requires proof beyond a reasonable doubt. A civil claim requires only a preponderance of the evidence, so a family can win even if the driver is never charged or is acquitted.
Different money. Criminal restitution usually covers only certain out-of-pocket costs. The civil claim reaches the driver's insurance and can include lost support and companionship.
Punitive damages. A DUI death can support punitive damages through the survival action under Civil Code § 3294.
The civil deadline keeps running while a criminal case is pending, so families should not wait for the criminal case to finish before speaking with a lawyer.
How Fatal Accidents Happen in Mission Viejo
The wrongful death cases we handle in Mission Viejo usually begin with one of these incidents:
High-speed crashes on the I-5, SR-73, and SR-241 and on parkways like Alicia, Marguerite, and Crown Valley. See our Mission Viejo car accident attorney page.
Workplace deaths caused by a company other than the employer, such as a negligent contractor or equipment maker. (We do not handle workers' compensation claims.)
Proving Liability in a Mission Viejo Wrongful Death Case
We build the case from official records and independent evidence: the Orange County Sheriff's Department report for crashes on Mission Viejo streets or the CHP report for freeway crashes, the Orange County Sheriff-Coroner's findings, treatment records from Providence Mission Hospital or Saddleback Medical Center, witness statements, video, vehicle data, and, when fault is disputed, accident reconstruction. When the person responsible was working, we also pursue the employer, which is usually liable for an employee's negligence on the job.
California follows pure comparative fault. If the insurer argues the person who died was partly responsible, the family can still recover, reduced by that percentage. Challenging unfair fault arguments is a central part of these cases.
Deadlines for Wrongful Death and Survival Claims
Wrongful death: generally two years from the date of death (Code of Civil Procedure § 335.1).
Survival action: generally the later of six months after the death or the deadline that would have applied if the person had lived (Code of Civil Procedure § 366.1).
Claims against a public agency: if a government vehicle, employee, or dangerous public road played a part, a government claim must usually be filed within six months (Government Code § 911.2).
How Our Mission Viejo Wrongful Death Lawyers Help
Our first meeting is a free, confidential consultation. We listen to what happened, explain your family's rights, and give you a candid assessment. If we take the case, we:
Investigate the death and preserve evidence before it is lost
Identify every responsible party and every insurance policy
Confirm which family members have the right to sue and bring them into one case
Coordinate the estate representative and any probate steps needed for the survival action
Work with economists to value lost support and household services
Negotiate with the insurers and file suit in Orange County Superior Court when needed
We handle wrongful death cases on contingency: nothing up front, nothing during the case, and no attorney fee unless we recover for your family. You can read what our clients say about working with us.
Frequently Asked Questions About Mission Viejo Wrongful Death Claims
Who can file a wrongful death lawsuit in California?
The surviving spouse or registered domestic partner and the children come first. If none survive, other heirs such as parents or siblings may file. Financially dependent family members, including a putative spouse, stepchildren, and parents, may also file. All eligible family members generally must join in one lawsuit.
How long do we have to file a wrongful death claim?
Generally two years from the date of death. If a public agency may be responsible, a government claim must usually be filed within six months.
What damages can our family recover?
Lost financial support, gifts and benefits, household services, funeral and burial costs, and the loss of love, companionship, and guidance. California does not compensate grief or sorrow in itself.
What is the difference between a wrongful death claim and a survival action?
The wrongful death claim belongs to the family and covers their own losses. The survival action belongs to the estate and covers losses the person suffered before death, such as medical bills and lost wages, plus any punitive damages. The two are usually brought together.
Do we need to open probate to bring a claim?
Not for the wrongful death claim, which belongs to the family. The survival action must be brought by the estate's personal representative or, if there is no probate case, by the successor in interest using a declaration under Code of Civil Procedure § 377.32.
Are punitive damages available in a wrongful death case?
Not in the wrongful death claim itself. They can be pursued through the survival action when the defendant acted with malice, oppression, or fraud, which can include some drunk driving deaths.
Can we sue if the driver was charged with a crime?
Yes. The civil claim is separate from the criminal case and uses a lower standard of proof. Your family can pursue it whether or not the driver is convicted, and the civil deadline keeps running during the criminal case.
How much does a Mission Viejo wrongful death lawyer cost?
Cefali & Cefali works on contingency. The consultation is free, there is no upfront cost, and your family pays no attorney fee unless we recover compensation.
Talk to a Mission Viejo Wrongful Death Attorney
If you have lost a loved one because of someone else's negligence, you do not have to take on the insurance companies and the court process alone. We serve Mission Viejo families from our office at 27136 Paseo Espada, Suite 1123, San Juan Capistrano, and can meet by phone, video, in person, or at your home.
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.
