Written and reviewed by Josh Kohanim, Esq., California Bar No. 328609 · Reviewed
Local differences in Orange County
Records your family needs first
The Coroner Division, at 1071 W. Santa Ana Blvd. in Santa Ana, is part of the Sheriff's Department and handles the examination and the death investigation. Its file and the traffic collision report are separate documents, held by separate agencies, and both take time to release. We ask for each by name and early, because a defense investigator is usually already at work. Neither document has to be accepted at face value; a coroner's finding on cause of death does not settle the civil question of who caused the collision.
The six month deadline
If a county vehicle, a city vehicle, a transit bus, a signal or a road condition contributed to the death, a written claim comes before any lawsuit and it is due within six months. Against the county, the Clerk of the Board "receives and processes claims, summons and complaints against the County," at 400 West Civic Center Drive, Santa Ana. Against a city, it is that city's clerk. Families rarely learn this in the first weeks, and a missed claim is the most common way a strong wrongful death case is lost.
| Step | Where it goes | Address or deadline |
|---|---|---|
| Lawsuit, unlimited civil | Central Justice Center | 700 Civic Center Drive West, Santa Ana 92701 |
| Claim against the county | Clerk of the Board first | 400 W. Civic Center Drive, Santa Ana 92701 |
| Claim against a city | That city's clerk first | Six months, Government Code section 911.2 |
Who may file, how a wrongful death claim differs from a survival action, and how a recovery is divided among a family are covered on our Los Angeles wrongful death lawyer page. Related: Orange County car accident lawyer, truck accident lawyer, pedestrian accident lawyer, catastrophic injury lawyer and the hub, Orange County personal injury lawyer.
Losing a loved one is always hard, but when their death was caused by someone else’s negligence, the pain can feel even worse. Families are left not only grieving but also dealing with financial stress and uncertainty. In these times, you need an experienced legal team to help you through the complex legal process.
Wise Law helps you seek justice and financial compensation after a wrongful death occurs. Our Orange County wrongful death lawyers understand the emotional and financial burdens families face. We are committed to fighting for the compensation you deserve, whether the cause of death was due to a car accident, medical malpractice, or another wrongful act. With our experience, we will guide you through the entire process with compassion and legal expertise so that you can focus on healing.
Experienced Legal Representation for Wrongful Death Cases in Orange County
Why You Need a Wrongful Death Lawyer in Orange County
A wrongful death claim is complex and requires an understanding of California law, gathering evidence, and negotiating with insurance companies. Without a skilled wrongful death lawyer, you may struggle to get the fair compensation you deserve.
Our experienced attorneys are dedicated to helping you every step of the way, whether you are filing for lost income, funeral expenses, or emotional suffering.
Our Law Firm Fights for Families Who’ve Lost Loved Ones Due to Negligence
Wise Law focuses on helping families who’ve lost a loved one because of someone else’s negligence. Our team works hard to hold the responsible parties accountable and ensure you receive the maximum compensation for your loss. We handle every detail of your case while you focus on your family’s well-being.
What is Wrongful Death, and Who Can File a Claim in California?
Some of the people who can typically file a wrongful death claim are:
Who Can File a Wrongful Death Claim in California?
- Surviving Spouse: The husband or wife of the deceased can file a claim for their spouse’s wrongful death.
- Children: If the deceased was a parent, their children can seek compensation.
- Parents: In some cases, parents may file a claim if their child has passed away due to wrongful death.
- Other Family Members: In certain situations, other family members who were financially dependent on the deceased person may also be able to file a claim.
Common Causes of Wrongful Death in Orange County
Wrongful death can happen in many different situations, and it often comes as a result of someone else’s carelessness. A few of the most common causes of wrongful death in Orange County include:
Car and Motorcycle Accidents
Car and motorcycle accidents are among the most common causes of wrongful death in Orange County. When a driver’s negligence, like distracted driving or speeding, leads to a fatal accident, the surviving family members can file a wrongful death claim.
Motorcycle accidents often lead to more severe injuries, and when someone dies in a crash, the family may be entitled to compensation for lost income, medical bills, and emotional distress.
Truck Accidents
Truck accidents can cause catastrophic injuries and often result in wrongful death. Due to the large size and weight of commercial trucks, the impact can be devastating. These accidents can happen because of driver fatigue, poor truck maintenance, or even improper loading.
In wrongful death cases involving trucks, the responsible parties may include the truck driver, the trucking company, or maintenance providers.
Workplace Accidents
Workplace accidents can result in fatal injuries, especially in high-risk jobs like construction, manufacturing, or warehousing. When an employer’s failure to follow safety regulations leads to the death of an employee, surviving family members may have the right to file a wrongful death claim. This can include cases involving faulty equipment, unsafe working conditions, or a lack of proper training.
Defective Products
Defective products, such as faulty machinery, unsafe consumer goods, or poorly designed vehicles, can lead to fatal accidents. If a product malfunctions and causes the death of someone, the manufacturer or seller of the product may be held responsible. Families who lose a loved one due to a defective product can pursue a wrongful death claim to recover compensation for the tragic loss.
Premises Liability and Slip and Fall Accidents
In these wrongful death cases, surviving family members can seek compensation for their loved one’s death and any related expenses.
Types of Compensation Available in a Wrongful Death Claim
When a loved one passes away due to someone else’s actions, the surviving family members may be entitled to compensation for their loss. Wrongful death claims can cover both financial and emotional damages.
Some of the types of compensation that may be available in a wrongful death case are:
Economic Damages
- Medical Expenses: Costs related to the deceased person’s medical treatment before their death.
- Funeral and Burial Expenses: Money spent on funeral and burial services.
- Lost Income: Income that the deceased person would have earned if they had lived.
- Financial Support: Compensation for the loss of support the deceased provided to their family.
Non-Economic Damages
- Emotional Distress: Compensation for the emotional pain and suffering caused by the loss of a loved one.
- Loss of Companionship: Damages for the loss of love, care, and companionship from the deceased.
- Pain and Suffering: Compensation for the physical pain the deceased experienced before their death.
- Loss of Enjoyment of Life: Damages for the loss of the deceased person’s ability to enjoy life.
Punitive Damages
Punitive damages may be awarded in wrongful death cases where the defendant's actions were extremely reckless or intentional. These damages are meant to punish the responsible party and prevent similar behavior in the future. They are separate from the compensation meant to cover the family’s losses.
How Our Orange County Wrongful Death Lawyers Can Help
Wise Law understands how difficult it is to lose a loved one, especially when someone else’s negligence caused their death. Our experienced wrongful death lawyers are here to guide you through every step of the process, from gathering evidence to fighting for the compensation you deserve.
Identifying Liable Parties
In wrongful death cases, it’s important to identify all responsible parties. Whether the cause was a car accident, medical malpractice, or unsafe work conditions, we ensure that all negligent parties are held accountable. Our lawyers work hard to uncover every party that played a role in your loved one’s death.
Handling Insurance Negotiations and Legal Deadlines
Dealing with insurance companies can be overwhelming, especially when they try to minimize your claim. Our Orange County wrongful death attorney handles all negotiations with the defendant's insurance company, ensuring that you receive a fair settlement.
We also manage all legal deadlines, making sure your wrongful death lawsuit is filed on time, so you don't miss your chance for compensation.
Taking Your Wrongful Death Case to Trial If Necessary
If a fair settlement cannot be reached, we are prepared to take your case to trial. Our Orange County wrongful death lawyers are experienced in court proceedings and will fight for the maximum compensation possible. We work hard to present a strong case and advocate for the justice your family deserves.
Common Challenges in Wrongful Death Cases
Wrongful death cases can be complicated, and there are several challenges families may face while seeking justice. These challenges can include proving who is at fault and negotiating for fair compensation.
Here are some common issues that may arise in wrongful death lawsuits:
Proving Negligence and Liability
One of the biggest challenges in wrongful death cases is proving that someone’s negligence caused the death. It’s important to gather enough evidence to show that the responsible party failed to act safely, which directly led to the fatal accident. Our wrongful death attorney helps build a strong case to prove liability and fight for your family’s rights.
Disputes Over Compensation Amounts
Another challenge is agreeing on the amount of compensation the family should receive. Insurance companies may offer a lower settlement than what is fair, while families may disagree on the value of emotional suffering, lost income, or other damages. Our team works to ensure that you receive fair compensation and fights against any unfair offers.
Insurance Company Tactics
Our Orange County wrongful death lawyers handle all communications with the insurance company, ensuring your rights are protected and that you receive the compensation you truly deserve.