How to File a Wrongful Death Claim in Orange County
How to File a Wrongful Death Claim in Orange County
The loss of a loved one completely alters your world. Life doesn’t feel the same, and every day brings new reminders that they’re gone. But when the loss happened because someone else made a bad decision—like texting while driving, ignoring safety rules at work, or giving the wrong medicine—it hits even harder.
In Orange County, families who’ve gone through this have a legal option. It’s called a wrongful death claim. This type of lawsuit allows you to hold the at-fault party financially responsible. But most people don’t know where to start. That’s why this guide walks you through what a wrongful death claim means, who qualifies to file, what you might recover, and how an Orange County wrongful death lawyer from Bentley & More LLP helps families through the legal steps. No fluff. Just clear answers in language that makes sense.
What Counts as a Wrongful Death in Orange County?
A wrongful death happens when someone dies because of someone else’s carelessness, recklessness, or wrongdoing. In legal terms, it means the person who died would have had a personal injury case if they had lived, but now their loved ones take up the case on their behalf.
Let’s say a distracted driver speeds through a red light in Costa Mesa and crashes into a motorcyclist. Or maybe a nurse in a Santa Ana clinic gives the wrong dose of medication. Or a construction company in Irvine skips safety checks, and a scaffold collapses. Those aren’t just tragic events; they’re situations that may lead to a wrongful death claim.
A successful claim usually requires:
- Proof that someone else’s action or failure caused the death.
- Evidence that the person who died would have had a legal case if they’d lived.
- A qualified person filing on behalf of the deceased.
Who Has the Right to File a Wrongful Death Claim?
The state doesn’t allow just anyone to file this type of claim. The law gives that right to certain family members or people financially tied to the deceased. Here’s who generally qualifies:
- A surviving spouse or legal domestic partner.
- Children of the deceased, including adopted children.
- Parents, if the deceased had no spouse or children.
- Financial dependents, including stepchildren or others who relied on the person for support.
Sometimes people outside this list may still qualify, but they have to show proof of financial dependence. That might include a long-term partner, a grandparent, or someone the deceased helped support.
For example, if a man supported his girlfriend and her child for five years, and then passed due to a careless driver, they might still have a valid claim depending on their living and financial situation.
The key is whether the person filing has lost more than emotional support. The court wants to see a real loss—money, guidance, care, or help they counted on.
Common Reasons Wrongful Death Claims are Filed
Not every accident leads to a wrongful death case. However, in Orange County, certain types of events show up again and again.
- Traffic collisions: Freeways like the 5, 405, and 91 are often sites of fatal crashes. Texting, drunk driving, or speeding usually plays a role.
- Medical errors: Mistakes in diagnosis, surgery, or prescriptions may have deadly consequences. These cases sometimes involve hospitals in Anaheim, Fullerton, or even well-known care centers in Irvine.
- Worksite accidents: Construction workers falling from unsafe scaffolding in Santa Ana or warehouse employees crushed by equipment in Garden Grove may lead to these claims.
- Defective products: Faulty brakes, unstable furniture, or electronics that catch fire may all cause deaths that wouldn’t have happened otherwise.
- Violent acts: If someone dies because of an assault, stabbing, or shooting, even if criminal charges are filed, the family still has the right to file a civil wrongful death case.
Real-life example: A young woman dies after a rideshare driver falls asleep at the wheel. Her parents file a wrongful death claim against both the driver and the rideshare company. That’s the type of situation where legal action helps a family hold the responsible parties accountable.
Gathering Information Before You File a Wrongful Death Claim
Getting organized early helps your case. It’s like collecting puzzle pieces—each detail helps complete the picture.
Before filing, collect as much of the following as you can:
- The name of the person who died and their date of birth.
- The time, place, and cause of death.
- Police reports, hospital records, or coroner documents.
- Names and contact info for any witnesses.
- Any photos, video footage, or text messages related to the event.
- Financial records, including income, bills, or dependents.
Even if you don’t have every piece, bring what you have to your attorney. They’ll know what’s missing and how to get it.
What Happens After You Contact an Attorney About Wrongful Death?
After you talk with a wrongful death attorney at Bentley & More LLP, here’s what usually happens next:
- Initial meeting: You’ll discuss the details of the situation. This isn’t a sales pitch. It’s an honest conversation about what happened and whether there’s a legal case.
- Investigation: The attorney will gather records, speak with witnesses, and often hire professionals to help analyze the evidence.
- Claim filing: Your lawyer prepares legal documents and officially files the case in the proper Orange County court.
- Insurance negotiations: If the other party has insurance (as most drivers, employers, and hospitals do), the company might make an offer. But early offers are often low and don’t cover what the family really lost.
- Court action: Your attorney may take the case to court if the offer doesn’t reflect the full loss. That’s where a judge or jury hears the case and decides what’s fair.
The process might take several months or more than a year, depending on how complicated the facts are and how the other side responds.
What Compensation May Be Available for Wrongful Death?
Wrongful death claims in Orange County aim to repay the family for both financial and personal losses. It’s not about “making things right”—that’s impossible. It’s about making sure the person or company responsible isn’t off the hook, and that your family isn’t left holding the bag.
Here’s what families might recover:
- Funeral and burial costs.
- Medical bills from the time right before the death.
- Loss of future income or benefits that the person would’ve earned.
- Loss of household services, like driving, childcare, yardwork, etc.
- Loss of love, care, guidance, and companionship.
Each case is different. A single mother who passed away might leave behind three kids who now need childcare, tutoring, and emotional support. That’s worth a lot. The law allows the claim to reflect those real-life needs.
State law doesn’t cap these damages in most cases. However, when medical malpractice plays a role, the state has a limit on non-economic damages.
Don’t Wait, Time Limits Apply in Wrongful Death Cases
In Orange County, the standard deadline to file a wrongful death lawsuit is two years from the date of death. That may sound like a long time, but when you’re dealing with grief, bills, and life changes, it passes quickly.
If the claim involves a public agency, like a city bus, public hospital, or police department, you’ll need to act even faster. Families must file an administrative claim within six months, as required under the California Government Claims Board. That claim starts the clock and gives the agency a chance to respond. If they reject it, then the court case may begin.
Missing these deadlines may result in your losing your right to compensation, no matter how strong the facts.
When the Government Is Involved in Wrongful Death
Wrongful death cases sometimes involve police departments, schools, public hospitals, or city buses. These cases follow extra rules because public agencies are protected in various ways under state law.
Here’s what changes:
- You must file a government claim within 6 months of the death.
- The agency has 45 days to reply.
- If the agency denies it, you have 6 months to sue.
This process is outlined under California law.
Bentley & More LLP handles these cases for families across Orange County. Whether it’s a law enforcement-involved shooting in Mission Viejo or a fatal accident caused by city road crews in Anaheim Hills, our attorneys know how to move quickly and protect your rights.
What If There Are Criminal Charges Too?
Criminal charges and civil lawsuits aren’t the same. If someone is charged with manslaughter, DUI, or another crime after a wrongful death, their trial happens in criminal court. But that has nothing to do with your civil case.
Your lawsuit doesn’t wait for their trial. In fact, your claim may move forward even if the person is never found guilty. The burden of proof is lower in civil cases. You only need to show it’s “more likely than not” that their actions caused the death, not beyond a reasonable doubt.
This means families may still hold wrongdoers financially responsible, even when the criminal system fails to deliver justice.
What to Expect in Settlement Talks or Court
Sometimes, the other side agrees to settle before trial. They offer money, and you agree to close the case. That may save time and stress, but only if the amount offered truly reflects the damage done.
A trial might be necessary if the offer falls short or the other side refuses to take responsibility. At trial, your attorney presents evidence and witnesses. A court then decides whether the defendant is legally at fault and how much to award.
Bentley & More LLP prepares every case as if it’s going to trial. If talks fall apart, the legal team is ready to take the fight to court.
How a Wrongful Death Claim Helps Families Rebuild
These lawsuits aren’t about replacing the person who died. That’s impossible. But they do help with the real, daily struggles families face afterward.
That includes:
- Covering bills and final expenses.
- Paying for therapy or school support for kids.
- Making up for lost income or services.
- Holding the other party accountable so it doesn’t happen again.
Families often say filing the claim gave them a sense of control when everything else felt out of their hands.
Bentley & More LLP Helps Families in Orange County with Wrongful Death Claims
Bentley & More LLP has worked with families in Irvine, Anaheim, Santa Ana, and beyond. The firm knows the local courts and judges and understands the neighborhoods where many wrongful death cases happen.
They don’t pass you off to a paralegal or pressure you into decisions. Instead, they give you honest answers and walk you through your options. Their goal is always to get the best result for you.
Call Now to Talk with Bentley & More LLP
If someone you love lost their life because of another person’s reckless behavior, you don’t have to carry the burden alone. Bentley & More LLP helps families throughout Orange County act when preventable deaths happen. Whether the loss came from a car crash, medical mistake, unsafe worksite, or other careless act, their legal team knows how to hold the at-fault party responsible.
The law allows you to seek compensation for your family’s financial and emotional losses. But the clock starts ticking the day your loved one passes. That’s why it’s smart to talk with someone sooner rather than later.
You don’t need to have all the answers before reaching out. Bentley & More LLP offers a free consultation to explain what to expect and help you determine the best next steps. There’s no pressure, no upfront fees, and no complicated forms to fill out.
A quick call makes all the difference. Dial (949) 870-3800 to speak with someone who will take your case seriously and help you understand your legal rights. You’ve already been through enough; let a trusted advocate help you take the next step forward. Reach out to an experienced Orange County personal injury lawyer today.