Wrongful Death

No legal case can undo the loss of someone you love. But when a death was caused by another person’s or company’s negligence, a wrongful death lawyer can hold them accountable and secure the financial stability your family needs going forward.

On this page: How we help · Who can file · What families recover · Survival actions · Common cases · Who is responsible · Deadlines · FAQ · En español

Smith Trial Group represents families throughout Orange County and Southern California in wrongful death cases arising from truck and car crashes, unsafe property, defective products and other negligence. We handle these cases with care, on a contingency fee, and we prepare every case for trial. Our injury results include a $10 million jury verdict and a $1.9 million settlement for a pedestrian struck by a bus. Results depend on the facts of each case.

How a Wrongful Death Lawyer Helps

Families should be able to grieve without fighting an insurance company at the same time. Attorney Cardon Smith spent years defending Fortune 500 companies before founding this firm, so he knows how corporate defendants and insurers approach a death case, and how they try to minimize it. We take on that fight:

• Investigating what happened: police and coroner reports, vehicle and truck data, video, witness statements and expert reconstruction.
• Identifying every responsible party and every insurance policy, including employers, trucking companies, property owners, manufacturers and government agencies.
• Bringing all eligible family members’ claims together, along with the estate’s survival claim, so nothing is waived or left behind.
• Proving the full loss, with economists who calculate lost financial support and testimony about the person your family lost.
• Handling the legal details, including probate issues, minors’ claims and liens, so the family can focus on each other.

Who Can File a Wrongful Death Claim in California?

California law (Code of Civil Procedure 377.60) limits who may bring a wrongful death claim. Eligible family members generally include:

• The surviving spouse or registered domestic partner
• The deceased person’s children, and the children of a deceased child
• If none of the above survive, those who would inherit under California’s intestacy laws, such as parents or siblings
• Certain financially dependent family members, including some minors, stepchildren and parents

Generally, all eligible heirs’ claims must be brought together in one lawsuit. See our guide: Who can file a wrongful death claim in California?

What Families Can Recover

• The financial support the deceased would have provided over their lifetime
• The value of household services, care and guidance
• Loss of love, companionship, comfort, affection, society and moral support
• Funeral and burial expenses

California does not allow recovery for grief and sorrow as such, but the loss of a loved one’s companionship and support is compensable, and juries can value it substantially. When the person who died was a primary earner, lost financial support over a working lifetime is often the largest economic loss.

Survival Actions

Separately from the family’s wrongful death claim, the deceased person’s estate may bring a survival action for losses the person suffered before death, such as medical expenses and lost earnings, and in appropriate cases punitive damages. For cases filed on or after January 1, 2026, California law no longer allows the estate to recover the deceased person’s pain and suffering in a survival action. We evaluate and pursue both claims together.

Common Wrongful Death Cases

• Truck, car and motorcycle crashes, including drunk driving crashes
• Pedestrian and bicycle collisions
• Bus and rideshare crashes
• Defective products
• Falls and unsafe property, including inadequate security
• Dangerous roads and public property

Who Can Be Held Responsible

Depending on the facts, a wrongful death claim may be brought against a negligent driver and their employer, a trucking or rideshare company, a property owner or manager, a product manufacturer, or a government agency. Companies are generally responsible for the conduct of employees acting within the scope of their work, and commercial defendants often carry far more insurance than individuals. Finding every responsible party matters, because one policy is rarely enough to cover a lifetime of lost support.

Deadlines

• Most wrongful death lawsuits: two years from the date of death
• Claims against a government entity, such as a city vehicle or a dangerous public road: a government claim generally within six months
• Medical negligence: shorter and more complex deadlines

Evidence such as vehicle data and video can be lost much sooner, so families should get advice early, even if they are not ready to decide anything.

Areas We Serve

We represent families across Southern California, including Newport Beach · Irvine · Santa Ana · Los Angeles · Riverside · San Bernardino · San Diego.

Frequently Asked Questions

Who can file a wrongful death lawsuit in California?

Generally the surviving spouse or domestic partner and children, or, if there are none, those who would inherit under intestacy law, such as parents or siblings. Certain financially dependent family members may also qualify.

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 by the estate for losses the deceased person suffered before death, such as medical bills and lost earnings.

How much is a wrongful death case worth?

It depends on the deceased person’s age, earnings and role in the family, the family members’ losses, the evidence of fault and the available insurance. Cases involving commercial defendants or a primary earner are often the most significant.

Can we recover for the pain our loved one suffered before death?

For survival actions filed on or after January 1, 2026, California law generally no longer allows recovery of the deceased person’s pain and suffering. The estate can still recover economic losses and, in appropriate cases, punitive damages.

How long do we have to file a wrongful death claim?

Generally two years from the date of death, but only six months to file a claim if a government entity is involved.

How much does a wrongful death lawyer cost?

We handle wrongful death cases on contingency. Your family pays no attorney fee unless we recover, and the consultation is free.

Related guides: Who can file a wrongful death claim · How much is my case worth? · Dealing with the insurance adjuster