Orange County Wrongful Death Lawyer

Losing a family member because of someone else’s negligence is devastating. No case can undo that loss, but it can provide answers, accountability and financial security for the people who depended on them. We represent Orange County families with compassion and determination.

On this page: Common causes · Who can file · Damages · Deadlines · Our process · Fees · FAQ

Smith Trial Group represents families across Orange County, from Huntington Beach and Anaheim to Irvine, Mission Viejo and San Clemente, who lost a loved one because of someone else’s carelessness. Attorney Cardon Smith is based in Newport Beach. He handles these cases personally, with the care they deserve and the preparation needed to stand up to large insurers and corporate defendants.

Common Causes of Wrongful Death in Orange County

• Freeway and highway crashes on the 5, 405, 91, 55 and 57, the toll roads, Pacific Coast Highway and Ortega Highway.
• Truck accidents involving semi-trucks, delivery trucks and construction vehicles.
• Drunk and impaired driving.
• Pedestrian and bicycle deaths, including on wide, fast arterial streets.
• Motorcycle crashes.
• Construction and workplace accidents, where a third party such as a general contractor or equipment maker may be responsible.
• Defective products and dangerous property conditions, including drownings and falls.

Who Can Bring a Wrongful Death Claim

Under California Code of Civil Procedure 377.60, a wrongful death claim may be brought by the deceased person’s surviving spouse or registered domestic partner, children, and the children of a deceased child. If there are none, the claim may belong to those who would inherit under California’s intestacy rules, such as parents or siblings. Certain financially dependent family members, including stepchildren, parents and a putative spouse, may also qualify. All eligible heirs generally must be joined in a single action.

Separately, the estate’s personal representative or successor in interest may bring a survival action (Code of Civil Procedure 377.30) for losses the deceased person suffered before death, such as medical expenses and lost wages.

What a Family Can Recover

• The financial support the deceased would have provided over their lifetime.
• The value of household services, care and guidance.
• The loss of love, companionship, comfort, affection, society and moral support.
• Funeral and burial expenses.
• Through the survival action, economic losses before death and, in some cases, punitive damages.

These losses are real but difficult to measure. We work with economists and other experts so the full value of the loss is presented clearly. See our main wrongful death lawyer page for more detail.

Deadlines

• Two years from the date of death for most wrongful death lawsuits (Code of Civil Procedure 335.1).
• Six months to present a claim if a city, the County of Orange, Caltrans or another public agency may be responsible, for example for a dangerous road. See dangerous road conditions.
• Shorter or different deadlines may apply to medical negligence claims.

How We Handle Your Family’s Case

1. Listen first. A free, confidential consultation about what happened and what your family needs.
2. Investigate. We obtain police and coroner reports, preserve video and electronic data, and retain reconstruction and other experts when needed.
3. Identify every source of recovery, including corporate defendants, employers of at-fault drivers, and all available insurance.
4. Handle the insurers so your family can focus on each other.
5. Prepare for trial. Insurers evaluate cases based on whether the lawyer is ready to try them. Orange County wrongful death cases are filed in Orange County Superior Court, with many heard at the Central Justice Center in Santa Ana.

No Fee Unless We Recover

We handle wrongful death cases on a contingency fee basis. Your family pays no attorney’s fees unless we recover compensation. See also Newport Beach, Irvine and Santa Ana personal injury lawyer pages.

Frequently Asked Questions

Who can file a wrongful death lawsuit in California?

Usually the surviving spouse or domestic partner and children. If there are none, those who would inherit under intestacy rules, such as parents or siblings, may file. Some financially dependent family members, including stepchildren and parents, may also qualify.

How long does a family have to file a wrongful death case in Orange County?

Generally two years from the date of death. If a public agency is involved, a government claim generally must be filed within six months. Other deadlines can apply, so it is important to get advice early.

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

A wrongful death claim compensates the family for their own losses, such as lost support and companionship. A survival action is brought on behalf of the estate for losses the person suffered before death.

Can we bring a claim if a criminal case is pending?

Yes. A civil wrongful death case is separate from any criminal case and has a lower burden of proof. The civil case can often proceed regardless of the outcome of the criminal case.

How much is a wrongful death case worth?

It depends on factors such as the person’s age, earnings, family relationships and the circumstances of the death, as well as the available insurance and defendants. We can discuss your family’s situation in a free consultation.

What does it cost to hire you?

Nothing up front. We work on contingency, and your family pays no attorney’s fees unless we recover compensation.