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.
Losing a loved one because of someone else's negligence is a devastating experience, and no lawsuit can undo that loss. What a wrongful death claim can do is hold the responsible party accountable and provide financial security for the family left behind. If you have lost a family member in Orange County, the Orange County wrongful death lawyers at Cefali & Cefali are here to help you understand your rights, with compassion and without pressure.
Our firm represents grieving families throughout Orange County in wrongful death claims arising from car, truck, and motorcycle accidents, pedestrian and bicycle fatalities, DUI crashes, and dangerous property conditions. We handle every case with care and treat each family with the respect this moment deserves. Call us at (949) 325-7790 for a free, no-obligation consultation, available 24/7. You pay nothing unless we recover compensation for your family.
Cefali & Cefali has recovered meaningful results for injured people and grieving families across Orange County, and because we prepare every case as if it will go to trial, insurance carriers take our demands seriously. You can review a sample of our outcomes on our case results page.
Serving the City of Orange and All of Orange County
The city of Orange sits at the center of Orange County, where three major freeways converge at the interchange of Interstate 5, State Route 22, and State Route 57, one of the busiest and most collision-prone interchanges in California, widely known as the Orange Crush. State Route 55 and the surrounding arterials add to the heavy traffic that moves through the area every day. Fatal collisions in and around Orange frequently involve this dense freeway network, as well as surface streets near Chapman University and the historic Old Towne Orange plaza.
The city of Orange is also home to UCI Medical Center, the only Level 1 trauma center in Orange County, along with Children's Hospital of Orange County (CHOC) and Providence St. Joseph Hospital. Many of the county's most serious injury victims are brought to these facilities, and when those injuries prove fatal, the resulting wrongful death claims are filed in the Orange County Superior Court at the Central Justice Center in Santa Ana. Our attorneys represent families not only in the city of Orange but throughout the county, including Anaheim, Santa Ana, Irvine, Huntington Beach, Fullerton, Garden Grove, and the South Orange County communities.
Who Can File a Wrongful Death Claim in California?
California law is specific about who may bring a wrongful death lawsuit. Under California Code of Civil Procedure section 377.60, the following people have the right to file:
The surviving spouse or domestic partner
The decedent's children, and the children of any deceased child (grandchildren)
If there is no surviving spouse, partner, or child, anyone who would be entitled to the decedent's property under California's laws of intestate succession, such as parents or siblings
A putative spouse, the children of a putative spouse, stepchildren, or parents, if they can show they were financially dependent on the decedent
Minors who lived in the decedent's household for at least 180 days and depended on the decedent for at least half of their support
These eligible family members may bring a single joint action, or the personal representative of the estate may file on their behalf. Any compensation recovered is then apportioned among the family members according to their respective losses. Determining who has standing to file can be complicated when families are blended or when multiple relatives wish to participate, and an experienced wrongful death attorney in Orange County can sort this out early so the claim proceeds smoothly.
Wrongful Death Claim vs. Survival Action
California recognizes two separate claims that can arise from a fatal incident, and many families are entitled to bring both. Understanding the difference matters, because they compensate different losses and are brought by different people.
Wrongful Death Claim (CCP 377.60)
Survival Action (CCP 377.30)
Who brings it
The surviving family members (spouse, domestic partner, children, and others listed above)
The decedent's estate, through its personal representative
What it recovers
The family's own losses: financial support, funeral and burial costs, and the loss of the decedent's love, companionship, care, and guidance
The losses the decedent sustained before death: medical bills, lost earnings, and punitive damages where the conduct was egregious
What Damages Can Be Recovered?
Under California Code of Civil Procedure section 377.61, the damages available in a wrongful death claim fall into two categories.
Economic damages compensate the family's tangible financial losses, including the financial support the decedent would have contributed over their expected lifetime, the loss of gifts or benefits the survivors would have received, funeral and burial expenses, and the reasonable value of the household services the decedent provided.
Non-economic damages compensate the deeply personal losses that follow a death: the loss of the decedent's love, companionship, comfort, care, assistance, protection, affection, society, moral support, and guidance. It is important to understand one feature of California law here. Unlike some states, California does not allow surviving family members to recover for their own grief, sorrow, or mental anguish in a wrongful death claim, and punitive damages are not available in the wrongful death claim itself. Those categories are addressed differently, and punitive damages can often be pursued instead through the accompanying survival action. California places no cap on the damages available in an ordinary wrongful death claim.
Because the value of these losses is significant and the calculations are complex, families are almost always better served by having an attorney document and present them, rather than accepting an insurer's early estimate.
Common Causes of Wrongful Death in Orange County
The fatal incidents we handle for Orange County families most often arise from:
Car accidents, including crashes caused by distracted, drunk, speeding, or reckless drivers on the county's freeways and surface streets.
Truck accidents, where the size and weight of a commercial vehicle frequently make collisions fatal.
Motorcycle accidents, which leave riders with little protection in a collision.
Pedestrian and bicycle accidents, which too often prove fatal when a driver fails to yield.
Dangerous property conditions, such as unsafe premises, that lead to a fatal fall or other injury.
Some fatal cases, such as those involving medical malpractice or birth injury, fall outside our practice areas. If your loss arose from one of those situations, we are glad to help point you toward a qualified attorney who focuses on that type of claim.
Time Limits: The California Statute of Limitations
In California, the deadline to file a wrongful death lawsuit is generally two years from the date of death, under Code of Civil Procedure section 335.1. There is an important exception: if a government entity is responsible, for example a city or county vehicle or a dangerous public road condition, you must first file an administrative claim within six months of the death under the California Government Claims Act. Missing these deadlines usually ends the right to recover, so it is important to speak with an attorney well before they approach.
Why Families Choose Cefali & Cefali
Cefali & Cefali is a dedicated personal injury firm. Because we focus our practice, we know the medical providers, the insurance carriers, the defense firms, and the Orange County courts that these cases run through. When we take on a wrongful death case, we begin with a thorough investigation to establish liability, reviewing police reports, medical records, witness accounts, and physical evidence, and working with accident reconstruction and other experts when a case calls for it.
Just as importantly, we handle these cases with compassion. Every family works directly with our attorneys, not a call center, and we take the time to answer your questions and keep you informed at every stage. We understand that a settlement cannot replace what you have lost, but it can provide security for those left behind and a measure of accountability for what happened. We take our cases on a contingency fee basis, so you owe no attorney fees unless we recover compensation for your family.
Frequently Asked Questions
How long do I have to file a wrongful death claim in Orange County?
Generally two years from the date of death under California Code of Civil Procedure section 335.1. If a government entity contributed to the death, you must file an administrative claim within six months under the California Government Claims Act before you can sue. Because these deadlines are strict and the exceptions are easy to miss, it is best to speak with an attorney as soon as you are able.
What is the difference between a wrongful death claim and a survival action?
A wrongful death claim is brought by the surviving family members and compensates their losses, such as financial support, funeral costs, and the loss of the decedent's love and companionship. A survival action is brought by the decedent's estate and recovers the losses the decedent suffered before death, such as medical bills and lost earnings, and it is the vehicle for punitive damages where the conduct was egregious. Many families are entitled to bring both at the same time.
Can I recover for my grief and emotional suffering?
California is different from many states on this point. In a wrongful death claim, you cannot recover for your own grief, sorrow, or mental anguish. What you can recover is the loss of the decedent's love, companionship, comfort, care, protection, affection, society, moral support, and guidance, which the law treats as a compensable non-economic loss. An attorney can explain how these losses are valued in your specific situation.
How much does it cost to hire a wrongful death lawyer?
Nothing upfront. Cefali & Cefali handles wrongful death cases on a contingency fee basis, which means you pay no attorney fees unless we recover compensation for your family. The consultation is free and there is no obligation. If we do not recover for you, you owe us nothing.
Who receives the compensation in a wrongful death case?
Compensation is shared among the eligible surviving family members based on their respective losses. When the family cannot agree on the division, a court can apportion the recovery. Bringing the claim as a single joint action, or through the estate's personal representative, helps keep the process orderly and fair to everyone involved.
Contact Our Orange County Wrongful Death Lawyers
At Cefali & Cefali, our Orange County wrongful death lawyers understand the devastation that follows the loss of a family member. We are experienced in handling these claims and dedicated to helping you pursue the compensation your family deserves for the loss of your loved one's income, services, protection, and companionship. Our Orange personal injury attorneys will protect your rights at every step, and we make ourselves available around the clock for the questions and concerns that come with a case like this.
Contact us today or call (949) 325-7790 to speak with a wrongful death attorney who is ready to help your family through this difficult time. The consultation is free, and you pay nothing unless we recover compensation for you.
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.
