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Losing someone because of another person’s negligence forces your family into the legal system at the worst possible moment. California law gives you the right to pursue compensation, but that right has strict deadlines that begin running immediately. Culver Legal represents wrongful death families throughout Orange County. If you lost a loved one and believe negligence played a role, your next call should be to us.
Over $1 billion recovered for injured clients and grieving families across California. Our team includes attorneys Thanos Simoudis, David Merabi, Dario C. Gomez, Victoria Manesh, Michael Domingo, and Michael B. Huynh, available 24/7, bilingual in English and Spanish, and ready to fight for your family from day one.

Under California Code of Civil Procedure Section 377.60, eligible claimants include the surviving spouse or registered domestic partner, children of the deceased, and parents if there is no surviving spouse or children. Siblings may file in limited circumstances when no other eligible survivors exist. Domestic partners must demonstrate financial dependence or cohabitation to establish eligibility.
California law also permits a survival action filed on behalf of the deceased’s estate alongside the wrongful death claim. Our wrongful death attorneys evaluate both tracks in every case. A wrongful death claim compensates survivors for their own losses. A survival action recovers what the deceased could have claimed had they survived, including pain and suffering before death. Both can often be pursued together.
Under California Code of Civil Procedure Section 335.1, you have two years from the date of your loved one’s death to file a wrongful death lawsuit. That deadline is hard. Missing it almost always ends the case permanently.
There is a shorter window that catches many families off guard. If a government entity is responsible, including a city vehicle, the Orange County Transportation Authority, CalTrans, or any public agency, you must file an administrative claim within six months of the date of death. Miss that window and your claim may be permanently barred, regardless of how strong the underlying case is. If there is any possibility that a public entity is involved, call us immediately.
Recoverable damages in an Orange County wrongful death case can include loss of financial support the deceased would have provided over their lifetime, the value of household services and childcare contributions, funeral and burial expenses, and non-economic losses, including companionship, guidance, and consortium for surviving spouses. In a survival action, the estate may also recover pain and suffering the deceased experienced before death.
Insurance companies move quickly after a fatal accident. Early settlement offers rarely reflect the full lifetime value of the loss. We retain forensic economists and expert witnesses to calculate projected contributions over a complete lifetime before negotiating. We do not accept the first number.
California is a pure comparative fault state. Even if your loved one bore some responsibility for the incident, the family can still recover. If a case is valued at $1,000,000 and the deceased is found 25% at fault, the family still recovers $750,000.A partial fault does not eliminate the claim.

Wrongful death cases involve simultaneous legal tracks, competing interests among family members, and medical causation disputes that insurers exploit at every stage. The dual-claim structure requires precise analysis of which damages belong to which claim and how proceeds should be divided among eligible survivors. Blended families and estranged relatives can create distribution disputes that must be resolved before or during settlement.
Defense teams retain medical experts specifically to argue pre-existing conditions caused the death rather than the defendant’s conduct. Securing your own expert witnesses early gives your case the structural advantage it needs. Once the other side has locked in its experts, it becomes harder and more expensive to counter them.
Cases involving government entities present additional complexity. The six-month administrative claim deadline, sovereign immunity rules, and specific procedures for naming a public agency as a defendant differ fundamentally from standard civil litigation. Orange County wrongful death filings are handled at the Central Justice Center in Santa Ana, which operates under local court rules and judicial assignment protocols our attorneys know well.
Immigration status does not affect your right to file. California law prohibits using a claimant’s documentation status in a personal injury or wrongful death case. Every eligible surviving family member has the right to pursue compensation regardless of their status.
Under California Code of Civil Procedure Section 335.1, you have two years from the date of death to file a wrongful death lawsuit. If a government entity is responsible, you have only six months to file an administrative claim first. Missing either deadline can permanently bar the case.
You must file a government tort claim within six months of the date of death before you can file a lawsuit. In Orange County, this applies to the city of Anaheim vehicles, OCTA, CalTrans, and other public entities. The six-month window is hard. Call an attorney the moment you believe a public agency is involved.
Yes. California is a pure comparative fault state. Recovery is reduced by the percentage of fault attributed to the deceased, not eliminated. A case valued at $1,000,000 with the deceased found 20% at fault still results in $800,000 for the family.
A wrongful death claim compensates surviving family members for their own losses, including financial support, companionship, and household services. A survival action is brought on behalf of the deceased’s estate and recovers damages the deceased could have claimed had they survived, including pain and suffering before death. Both can often be filed together.
No. California law prohibits using immigration status against a plaintiff in a wrongful death case. All eligible surviving family members, regardless of documentation status,s have the full legal right to file and recover compensation.

Central Justice Center (Orange County Superior Court)
700 Civic Center Drive West, Santa Ana, CA 92701
Handles all unlimited civil, limited civil, and small claims cases for all Orange County cities.
occourts.org
UCI Medical Center
101 The City Dr S, Orange, CA 92868
Open 24 hours
ucihealth.org
Advance Urgent Medical Group
1401 W 1st St, Suite 101, Santa Ana, CA 92703
myadvanceurgentmedical.com
We do not endorse these organizations or profit from listing them.
Culver Legal represents families throughout Orange County, including Anaheim, Santa Ana, Irvine, Huntington Beach, Fullerton, and communities across neighboring Los Angeles, Riverside, and San Diego counties. If you lost a loved one and believe negligence was involved, call Culver Legal now for a free case evaluation: Get Your Free Case Evaluation. No fees unless we win.
Culver Legal, LLP
5670 Wilshire Blvd., Suite 1370
Los Angeles, CA 90036
(310) 600-7881
Available 24/7 | Hablamos español
This content has been reviewed by the attorneys at Culver Legal, LLP, licensed to practice law in the State of California.
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