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 someone dies because another person or company was careless, certain close family members can sue for the income, everyday help, and companionship they lost, plus funeral and burial costs. The person's estate can bring a separate survival claim for losses the person had before death. A Pleasant Hill wrongful death lawyer at Cefali & Cefali handles the investigation, the insurers, and the deadlines so your family is not doing that alone.
Our office at 2800 Pleasant Hill Road, Suite 100, is open to families, or we can come to you. The first conversation is free and confidential at (925) 289-7997, and our fee is paid only out of a recovery.
A husband, wife, or registered domestic partner, the person's sons and daughters, and grandchildren whose parent has already died.
If none of those survive, whoever would inherit under the state's intestacy rules, often parents or brothers and sisters.
Certain dependents, including a putative spouse, stepchildren, and parents, if they relied on the person for financial support.
A child under 18 who had lived in the household for the last 180 days and depended on the person for half or more of their support.
California generally allows only one wrongful death lawsuit for each death, so every eligible family member's claim is usually brought together in the same case. Our guide to California wrongful death claims explains the rules in more detail.
Wrongful Death and Survival Claims: What Is the Difference?
Families often have two related claims, and they compensate different losses:
Wrongful death claim
Survival claim
Who brings it
The eligible family members listed above
The estate, through its personal representative or successor in interest
Whose losses
The family's losses from the death
The losses the person suffered before death
What it can include
Lost financial support and benefits, lost household services, loss of love, companionship, care, and guidance, and funeral and burial costs
Medical bills before death, lost earnings before death, damaged property, and in some cases punitive damages
Two limits are worth knowing. California does not compensate grief or sorrow as such; the wrongful death claim measures the loss of the relationship and support. And punitive damages cannot usually be awarded on the family's own wrongful death claim, although they can be sought in the survival claim, and Civil Code section 3294(d) allows them in a wrongful death case when the death resulted from a homicide for which the defendant was convicted of a felony.
What Is a Pleasant Hill Wrongful Death Case Worth?
There is no formula, but the value usually tracks a few factors: the person's age, health, and earnings, how much the family relied on that income and on their help at home, the closeness of each family member's relationship with them, and the amount of insurance available. A parent of young children who supported the household will lead to a very different claim than the death of a retired adult with no dependents, even though both losses are devastating. Shared fault also matters, as explained below.
Economists and vocational experts are often used to calculate lost support over the years the person would have worked. Our explainer on economic versus non-economic damages walks through the math.
Common Causes of Wrongful Death Claims in Contra Costa County
Traffic crashes on I-680, Highway 24, Highway 4, and busy roads such as Contra Costa Boulevard and Taylor Boulevard, including car crashes, truck crashes, and motorcycle crashes.
Pedestrians and cyclists struck by drivers, including at crosswalks and near the Pleasant Hill/Contra Costa Centre BART station.
Drunk, drugged, or distracted drivers.
Dangerous property conditions, such as a fall from an unsafe staircase or balcony, or a drowning at a poorly secured pool.
Defective products, including vehicle parts and equipment that fail in normal use.
If your loved one died on the job, the employer's responsibility is usually handled through workers' compensation death benefits, which our firm does not handle. A separate claim may still exist against someone outside the company, like a careless motorist or the maker of faulty machinery, and we are glad to look at it.
How Is Fault Proven in a Wrongful Death Case?
The family has to show the same elements as any negligence case: the defendant had to act with reasonable care toward the person, fell short, and that lapse led to the death. Civil Code section 1714(a) holds every person responsible for injuries caused by a lack of ordinary care. The evidence usually comes from:
The police or CHP report and any citations or criminal charges against the other driver.
The coroner's findings. In Contra Costa County, deaths from accidents are investigated by the Sheriff's Office Coroner's Division, and its report and the death certificate help establish the cause of death.
Video, vehicle data, and scene evidence, preserved before it is recorded over or repaired.
Witnesses and experts, such as accident reconstructionists and medical experts who explain how the injuries caused the death.
A criminal case and a civil case are separate. Families do not need to wait for criminal charges; the civil case can proceed whether or not the other driver is prosecuted, and the civil case uses a lower burden of proof, so a criminal acquittal does not end the civil claim.
What If My Loved One Was Partly at Fault?
The family can still recover. California follows pure comparative fault, so the damages are reduced by the share of fault assigned to the person who died. If they were found 25% responsible, the family recovers 75% of the damages.
What Is the Deadline for a Wrongful Death Lawsuit?
Section 335.1 of the Code of Civil Procedure usually gives the family two years, counted from the day the person died. When a public agency is involved, such as a city vehicle, a county road, or a transit bus, the agency must normally receive a written claim no more than six months after the death (Government Code section 911.2), before any lawsuit. Other rules can shorten or extend these deadlines, so it is best to have a lawyer review the dates early.
How Our Pleasant Hill Wrongful Death Lawyers Help
We take the paperwork off your family. We obtain the police and coroner reports, preserve evidence, and deal with every insurer.
We identify everyone responsible and every policy that may pay, including employers, vehicle owners, and your loved one's own uninsured motorist coverage.
We document the full loss, working with economists on lost support and with the family on the personal story of the relationship.
We prepare for trial. Most cases settle, and those that do not go before a jury at the county courthouse in Martinez.
Which relatives are allowed to sue for a wrongful death?
A spouse or domestic partner, children, and grandchildren through a child who has died come first. If there are none, the relatives who would inherit, such as parents, can sue, and some financial dependents qualify too.
What is the time limit for a wrongful death case?
Two years from the death in most cases. When a public body such as a city or county may share the blame, a written claim usually has to reach that agency within six months.
Do we need a criminal conviction to sue?
No. The civil claim is separate from any criminal case and uses a lower burden of proof, so it can go forward with or without criminal charges.
Is a survival claim the same as a wrongful death claim?
No. The wrongful death claim pays the family for what it lost. The estate brings the survival claim for the person's own losses before passing, like hospital bills and missed wages.
What if my loved one died in a workplace accident?
Claims against the employer usually go through workers' compensation death benefits, which our firm does not handle. The family may still have a claim against an outside party whose carelessness contributed.
Do we pay anything to hire your firm?
Nothing up front. We work on contingency, so our fee is a percentage of the recovery and the family owes no fee if there is no recovery.
Contact a Pleasant Hill Wrongful Death Lawyer for a Free Consultation
Losing someone to another person's carelessness is painful enough without fighting an insurance company at the same time. We can explain your family's options, protect the deadlines, and pursue the full value of the claim. Reach us at (925) 289-7997, or send a message through our contact page and a lawyer will call you back.
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.
