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 loved one dies because of someone else's negligence, no legal claim can undo the loss, but a wrongful death claim can hold the responsible party accountable and provide financial security for the family left behind. Cefali & Cefali represents grieving families across Riverside County, from our Hemet office, on a contingency fee basis, so you pay nothing unless we win. Call (949) 325-7790 for a free, compassionate consultation, available 24/7.
Our Moreno Valley personal injury attorneys handle the legal side, dealing with the insurers and building the case, so your family can focus on grieving and healing.
What is a wrongful death claim?
A wrongful death claim is a civil lawsuit brought by the surviving family of a person who died because of another party's negligence or wrongful act. It is governed by California Code of Civil Procedure section 377.60. The claim compensates the family for their own losses, such as lost financial support and the loss of the loved one's companionship, and it is separate from any criminal case that might arise from the same event.
Wrongful death claims can arise from many kinds of fatal accidents, including car and truck crashes, motorcycle and pedestrian accidents, drunk-driving crashes, dog attacks, and dangerous property conditions. The common thread is that someone else's negligence caused the death.
Who is eligible to file a wrongful death claim in California?
California law sets a specific order of who may file, under Code of Civil Procedure section 377.60. The right generally belongs to:
The surviving spouse or domestic partner
The deceased person's children
If there is no surviving spouse or child, those who would inherit under California's intestate succession rules (such as parents or siblings)
Certain others who were financially dependent on the deceased, including a putative spouse, the putative spouse's children, stepchildren, or parents
Determining who has the right to file can be complicated in blended families, and an attorney can confirm who is eligible in your situation.
Wrongful death claim vs. survival action
California allows two related claims after a death, and families often bring both:
Wrongful death claim (CCP 377.60): compensates the surviving family for their losses, the financial support, services, and companionship they lost.
Survival action (CCP 377.30): brought by the deceased person's estate for the losses the deceased suffered between the injury and death, such as their medical bills, lost earnings, and, under recent California law, the pain and suffering they endured before death.
What damages can you recover in a wrongful death claim?
California places no cap on wrongful death damages in an ordinary case. Recoverable damages include:
Funeral and burial expenses
Loss of financial support the deceased would have provided over their lifetime
Loss of household services the deceased provided
Loss of love, companionship, comfort, care, and guidance (non-economic damages)
Two California points are worth clarifying, because they are widely misunderstood. First, the loss of companionship is compensable regardless of whether the death was intentional; it is not limited to intentional-harm cases. Second, the surviving family cannot recover for their own grief or sorrow as a separate item, and the medical bills and pre-death pain and suffering of the deceased are recovered through the survival action rather than the wrongful death claim. Punitive damages are generally not available in the wrongful death claim itself, but may be recoverable through the survival action where the conduct was egregious, such as a drunk-driving death, under Civil Code section 3294.
How is negligence proven in a wrongful death claim?
A wrongful death claim based on negligence requires proving four elements: that the defendant owed a duty of care, that they breached it, that the breach caused the death, and that the family suffered damages as a result. The standard is what a reasonable person would have done in the same situation, and the case is proven by a preponderance of the evidence, meaning it is more likely than not.
Proving these elements usually means gathering the police or incident report, medical records, and witness statements, and often working with experts, for example an accident reconstruction specialist or a medical expert, to connect the defendant's conduct to the death. Because California follows pure comparative negligence, any share of fault assigned to the deceased reduces the recovery but does not bar it.
How long do you have to file a wrongful death claim in California?
In California, you generally have two years from the date of death to file a wrongful death lawsuit, under Code of Civil Procedure section 335.1. There is one major exception: if a government entity is responsible (for example, a city vehicle or a dangerous public road), you must file an administrative claim within six months under the California Government Claims Act. Missing these deadlines usually ends the case permanently, so it is important to speak with an attorney promptly.
Why Choose Cefali & Cefali
Wrongful death cases require both careful legal work and genuine compassion. We investigate the death, identify every liable party and available insurance policy, work with the right experts to establish liability and the full value of the family's loss, handle the insurers, and are ready to take the case to trial if the offer is not fair. Throughout, we keep the family informed and let them focus on grieving. We work on a contingency fee basis, so you pay no fee unless we win.
From our Hemet office, we represent families across Riverside County, including Moreno Valley, Riverside, Perris, Hemet, and Menifee. If you lost a loved one because of someone else's negligence, call (949) 325-7790 or contact us for a free consultation. No fee unless we win.
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.
