Orange County Wrongful Death Attorney

Helping Clients in Orange County With Wrongful Death Claims

Wrongful Death Overview

No legal claim can undo the loss of someone you love. But when a death is caused by another person’s or company’s negligence, recklessness, or intentional misconduct, California law gives surviving family members the right to seek accountability and financial compensation. A wrongful death claim exists to help families manage the devastating financial consequences of an untimely loss, from funeral expenses and lost income to the profound personal toll of losing a spouse, parent, or child. These are some of the most emotionally difficult cases in the legal system. If you need help understanding your rights after a loss, our personal injury team is here to guide you with both skill and sensitivity.

Why Early Action Matters in Orange County

California’s statute of limitations for wrongful death is two years from the date of death under Code of Civil Procedure § 335.1, with certain exceptions. Cases involving a government entity, such as a fatal accident caused by a dangerous road condition maintained by a public agency, are subject to different rules and deadlines, making them more complex to navigate. Beyond the legal deadlines, the practical reasons for acting quickly are significant. Evidence from accident scenes, medical records, employment documentation, and witness memories all become harder to access over time. Starting the legal process early gives your attorney the strongest chance to preserve critical evidence and build a strong case.

Common Causes of Wrongful Death Incidents

• Motor vehicle accidents. Car crashes, truck collisions, motorcycle wrecks, and pedestrian accidents are the leading cause of wrongful death claims in Orange County. The county’s busy freeway system, including the I-5, I-405, and SR-91, sees fatal collisions on a regular basis.
• Workplace accidents. Construction site falls, equipment failures, electrocutions, and industrial accidents claim lives in Orange County every year, particularly in the construction and manufacturing sectors.
• Defective products. When a product malfunctions or lacks adequate safety warnings and someone dies as a result, the manufacturer, distributor, or retailer may be held responsible.
• Premises liability. Drownings in improperly maintained pools, fatal falls due to hazardous property conditions, and deaths caused by inadequate building security all give rise to wrongful death claims.
• Criminal acts. When someone is killed as the result of an assault, DUI, or other criminal act, the surviving family may pursue a civil wrongful death claim independently of any criminal prosecution.

What To Do After a Wrongful Death Incident in Orange County

Immediate Steps to Protect Your Family and Your Claim

1. Obtain copies of the death certificate. You will need multiple certified copies for insurance claims, legal filings, and financial matters.
2. Preserve all evidence. Do not dispose of any belongings, vehicles, or documents related to the death. If the death resulted from an accident, request a copy of the police report and any available surveillance footage.
3. Notify relevant insurers. File claims with the deceased’s life insurance, health insurance, and auto insurance providers as applicable. Keep records of all communications.
4. Consult a wrongful death attorney. These cases involve complex legal standing requirements, multiple potential defendants, and significant damages calculations. An experienced attorney can guide you through each step.
5. Take care of your family. The legal process is important, but so is your well-being and that of your family. A good attorney handles the legal burden so you can focus on grieving and supporting one another.

Mistakes to Avoid

• Don’t speak with the responsible party’s insurance company without legal representation. Their goal is to minimize liability, and they may try to settle quickly for far less than your claim is worth.
• Don’t delay. The statute of limitations begins running on the date of death, and critical evidence may be lost if your attorney doesn’t intervene promptly.
• Don’t assume you can’t file a claim. Under Code of Civil Procedure § 377.60, standing to bring a wrongful death claim is limited to a defined group: the decedent’s surviving spouse or registered domestic partner, the decedent’s children (and the issue of any deceased children), anyone else entitled to the decedent’s property under California’s laws of intestate succession, and certain persons who were financially dependent on the decedent (including a putative spouse, the children of a putative spouse, stepchildren, and parents). The list is more inclusive than many people assume, and an attorney can help determine whether you qualify.

Evidence That Strengthens Wrongful Death Claims

• Autopsy and medical records. The official cause of death and the medical treatment leading up to it are foundational evidence in any wrongful death case.
• Accident reports and investigation records. Police reports, workplace safety investigations (such as Cal/OSHA reports), and any independent investigations provide critical detail about how and why the death occurred.
• Employment and financial records. Documentation of the deceased’s income, benefits, career trajectory, and financial contributions to the family establishes the economic impact of the loss.
• Personal testimony. Statements from family members, friends, colleagues, and community members can convey the personal and relational impact of the death, which is central to non-economic damages.
• Expert analysis. Economists, medical experts, and accident reconstruction specialists help quantify the full scope of damages and establish causation.

Preserving Evidence and Documentation

Time-sensitive evidence, such as accident scene conditions, surveillance footage, electronic data, and perishable physical evidence, must be preserved immediately. Your attorney should send preservation demands to all potentially responsible parties and take steps to secure independent documentation of the scene and circumstances.

How Liability Works in Orange County for Wrongful Death Cases

Wrongful death claims in California require the plaintiff to prove that the death was caused, in whole or in part, by another party’s negligence, recklessness, or intentional act. California’s comparative negligence rules apply, meaning compensation may be reduced if the deceased shared some fault, but the claim is not barred entirely.

Wrongful Death Liability Scenarios

• Negligent drivers. A driver who causes a fatal collision through distracted driving, speeding, DUI, or other negligent behavior can be held liable, along with their insurer.
• Employers and property owners. If unsafe working conditions, inadequate security, or dangerous property conditions contributed to the death, the responsible employer or property owner may face liability.
• Healthcare providers. Hospitals, physicians, nurses, and other medical professionals who fail to meet the standard of care can be liable when that failure results in death.
• Product manufacturers. A company that designs, manufactures, or sells a defective product that causes a fatal injury can be held strictly liable under California law.
• Government entities. When a death results from dangerous public road conditions, defective infrastructure, or negligent conduct by a government employee, a wrongful death claim may be filed, subject to the shortened six-month claim notice deadline established by Government Code § 911.2.

Compensation We Pursue for Wrongful Death Victims’ Families

Economic Damages (Financial Support, Medical Bills)

Economic damages in wrongful death cases include the income and financial support the deceased would have provided over their expected lifetime, the value of lost benefits such as health insurance and retirement contributions, funeral and burial expenses, and any medical costs incurred before death.

Non-Economic Damages (Loss of Companionship)

These damages compensate surviving family members for the loss of love, companionship, comfort, care, assistance, protection, affection, and moral support. The emotional devastation of losing a loved one is profound, and California law recognizes that impact.

Wrongful-Death-Specific Damages

In addition to standard categories, wrongful death cases may involve the loss of household services the deceased provided, the loss of parental guidance for minor children, and the value of the deceased’s training and education that would have benefited the family financially over time.

Wrongful Death and Survival Actions: Two Distinct Claims

A wrongful death claim under Code of Civil Procedure § 377.60 belongs to the surviving family members and compensates them for their own losses, such as funeral expenses, the loss of financial support, and the loss of love, companionship, and guidance. A survival action under Code of Civil Procedure § 377.30, by contrast, belongs to the decedent’s estate and recovers losses the decedent personally sustained between the moment of injury and death, such as medical bills and lost earnings. The two claims are typically filed together.

As of January 1, 2026, California’s temporary expansion of survival damages to include pre-death pain, suffering, and disfigurement (former Code of Civil Procedure § 377.34(b)) sunset, so survival damages are again limited to economic losses except in cases governed by the Elder Abuse and Dependent Adult Civil Protection Act (Welfare & Institutions Code § 15657) and certain other statutory carve-outs.

How The Schenk Law Firm Handles Wrongful Death Cases

Case Evaluation and Strategy

We approach every wrongful death case with care and respect. Our initial review is thorough, free of charge, and designed to help your family understand your legal options and what to expect going forward.

Investigation and Expert Support

We work with medical experts, forensic specialists, economists, and accident reconstruction professionals to build the strongest possible case. Our goal is to establish clear liability and demonstrate the full extent of your family’s loss.

Insurance Negotiations

Insurance companies in wrongful death cases often have significant exposure and may attempt to settle quickly at reduced amounts. We negotiate firmly and refuse to accept anything less than what your family deserves.

Litigation and Trial Preparation

Some cases require a courtroom to achieve justice. We have decades of trial experience and are fully prepared to present your case before a judge and jury when necessary.

Why Choose The Schenk Law Firm

Client-First Communication

We understand how difficult this time is for your family. We communicate with compassion, keep you informed at every stage, and handle the legal process so you don’t have to carry that weight alone.

Trial-Ready Approach

Our demonstrated willingness to take cases to trial creates real pressure on defendants and their insurers to offer fair compensation during negotiations.

Experience With Serious Injury Cases

Since 1979, our firm has helped clients recover over $25 billion in compensation. We bring that experience to every wrongful death case, ensuring your family has the strongest possible representation. Founding partner Frederick Schenk has resolved hundreds of wrongful death matters across Southern California, including catastrophic motor vehicle, premises, and product cases. He is widely regarded as one of the region’s leading wrongful death trial lawyers.

No Fee Unless We Recover On Your Behalf

We handle wrongful death cases on a contingency basis. Your family pays nothing upfront and owes no fees unless we recover compensation on your behalf.

Frequently Asked Questions

Who can file a wrongful death claim in California?

Under Code of Civil Procedure § 377.60, eligible plaintiffs include the surviving spouse or registered domestic partner, the decedent’s children (and the children of any deceased child), anyone else entitled to property under California’s intestate succession laws, and certain persons who were financially dependent on the decedent, including putative spouses, the children of putative spouses, stepchildren, and parents. The category is more inclusive than many people assume.

What is the statute of limitations for wrongful death in California?

Generally two years from the date of death under CCP § 335.1. Cases involving government entities have shorter deadlines, typically requiring a formal claim within six months under Government Code § 911.2. Discovery-rule exceptions may apply in cases where the cause of death wasn’t initially known.

What’s the difference between a wrongful death claim and a survival action?

A wrongful death claim compensates surviving family members for their own losses (funeral costs, loss of financial support, loss of companionship). A survival action belongs to the deceased’s estate and recovers losses the deceased personally sustained between injury and death (medical bills, lost earnings). The two claims are typically filed together.

Can I file a wrongful death claim if there’s also a criminal case?

Yes. Civil wrongful death claims are entirely separate from criminal prosecutions. A defendant can be acquitted criminally and still be held liable civilly, because the burden of proof in civil cases is lower (preponderance of evidence vs. beyond a reasonable doubt).

How much does it cost to hire a wrongful death attorney?

Nothing up front. We handle wrongful death cases on contingency, meaning your family pays no legal fees unless we recover compensation. The initial case review is free.

How long do wrongful death cases take to resolve?

Most cases resolve within 12 to 24 months, though complex cases involving multiple defendants, government entities, or expert-heavy causation issues can take longer. Cases that go to trial typically extend the timeline further. Settling for the strongest possible recovery often takes more time than accepting the first offer.