Wrongful Death: Facts You May Not Know

If someone you love has died because of someone else’s negligence in Orange County—whether in Irvine or elsewhere—you may be overwhelmed with grief, confusion, and anger. You may also be wondering what your rights are under California law. While the idea of a “wrongful death lawsuit” may sound familiar, there are many critical facts about this legal process that people often don’t know. If you’re in this painful position, these facts could help you better understand your next steps.

You Don’t Need to Prove Criminal Intent to File a Wrongful Death Case

Many people believe that if someone isn’t charged with a crime, there’s no way to hold them accountable for a loved one’s death. But under California law, you can file a wrongful death lawsuit even if no criminal charges are filed—or even if the person responsible is found not guilty in criminal court.

California Code of Civil Procedure § 377.60 allows surviving family members or dependents to bring a wrongful death lawsuit as a civil matter. Civil cases are entirely separate from criminal cases and have a lower burden of proof. You only need to show that it’s more likely than not that the death was caused by the other party’s negligence or misconduct. In other words, even if a person avoids jail time, they can still be held financially responsible in civil court.

Who Can File a Wrongful Death Lawsuit?

According to California Code of Civil Procedure § 377.60, the person’s surviving spouse or domestic partner and their children are first in line. If none of them are living, then others who would inherit under California’s intestate succession rules—like parents or siblings—may qualify. Also, certain people who were financially dependent on the deceased may also be eligible.

When You Can File a Wrongful Death Claim?

Under California Code of Civil Procedure § 335.1, you have just two years from the date of your loved one’s death to file a lawsuit in civil court.

If the case involves a government agency—for example, if your loved one died due to the negligence of a city employee—you have even less time. Under the California Government Claims Act, you must file a special claim within six months of the death.

How Long Does a Wrongful Death Lawsuit Take?

The timeline for a wrongful death lawsuit in California can vary widely depending on several factors. On average, cases may take several months to a few years to resolve. Straightforward cases with clear liability may settle quickly through negotiations, while more complex ones—especially those involving multiple parties or disputed evidence—can go to trial, significantly lengthening the process. Factors such as the court’s schedule, insurance company cooperation, and the need for expert testimony all influence the timeline.

You May Be Able to Recover Financial and Emotional Losses

Economic losses may include the income your loved one would have earned, the value of services they would have provided (like caring for children or running a household), and any funeral or burial expenses. Non-economic losses, which are just as real, may include loss of companionship, love, emotional support, and guidance.

These are available under the wrongful death law in California Code of Civil Procedure § 377.60. However, California does not allow for “pain and suffering” damages of the deceased person in a wrongful death case. Those types of damages must be pursued separately in what’s called a survival action.

How a Wrongful Death Claim Differs from a Survival Action

If your loved one lived for some period of time between their injury and death—even if it was just hours—you may also be able to bring what’s known as a survival action. This is often misunderstood or overlooked.

A survival action, governed by California Code of Civil Procedure § 377.30, lets the deceased person’s estate seek damages that the person could have claimed had they survived. This includes medical expenses and lost wages for the time between the injury and death, as well as punitive damages if the defendant acted with extreme misconduct.

Survival actions are brought by the estate, not by individual family members. These claims can often be filed at the same time as a wrongful death lawsuit but must be kept separate under California law.

You Can Still Recover Damages Even If Your Loved One Was Partially at Fault

California uses a “pure comparative fault” system. That means if your loved one was partially responsible for the accident or event that led to their death, their family can still bring a wrongful death case—but the amount of money awarded may be reduced based on their share of the blame.

Not All Causes of Wrongful Death Are Obvious

Many wrongful death claims arise from car accidents, medical malpractice, or workplace incidents. But California law doesn’t limit these cases to a few categories. Less obvious causes—like dangerous property conditions, defective consumer products, or failure to provide adequate security—can also be grounds for a lawsuit if negligence can be shown.

A property owner who leaves a stairwell unlit or a landlord who fails to fix a broken gate in a high-crime area may be held responsible if someone dies as a result. Similarly, a manufacturer that releases an unsafe product without proper warnings may be liable for any deaths it causes.

Punitive Damages Are Rare But Possible in Survival Actions

In California wrongful death lawsuits, you usually cannot recover punitive damages. These are special damages meant to punish a wrongdoer for especially reckless or intentional behavior. However, punitive damages can sometimes be awarded in survival actions, which are filed by the estate under California Code of Civil Procedure § 377.34.

Steps to File a Wrongful Death Claim

Filing a wrongful death claim in California involves several key steps.

• First, consult with an experienced Orange County wrongful death attorney. Your attorney will help investigate the case, gather essential evidence, and identify all potentially liable parties.
• Next, they will file the lawsuit in civil court, making sure all procedural requirements are met and that defendants are properly notified.
• Often, there’s an opportunity to negotiate a settlement, but if no fair offer is made, your attorney will prepare the case for trial. Each step is critical and must be approached with care.

Contact Orange County Wrongful Death Lawyer Samer Habbas

If you believe someone else’s negligence may have caused your loved one’s death, you don’t need to go through the legal system alone. The law in California offers protection for survivors, but there are strict rules, deadlines, and procedures that can affect your rights.

To learn more about how wrongful death laws apply to your situation, contact Law Offices of Samer Habbas & Associates by calling 949-727-9300 or contacting us online for a free consultation with an Irvine wrongful death lawyer. Don’t face this challenging time alone — Get Samer on your side to fight for the justice and compensation your family deserves.