Can I still file a wrongful death claim in Anaheim if the deceased was partly at fault?
Yes, California law allows surviving family members to pursue a wrongful death claim even if the person who died shared some responsibility for their own death. California follows a pure comparative negligence rule, meaning the claim's value will be reduced by the percentage of fault assigned to the deceased, but not entirely barred. The surviving family can recover reduced damages according to the proportion of fault the other party holds.
Where do I file a wrongful death lawsuit for an incident in Anaheim?
A wrongful death lawsuit arising from an incident in Anaheim is filed in the Superior Court of California, County of Orange. The courthouse for these claims is typically the Central Justice Center, located at 700 Civic Center Dr W, Santa Ana, CA 92701. Anaheim is located in Orange County, not Los Angeles County, so the specific court and claim process will differ from those in Los Angeles County.
What should I do after a wrongful death in Anaheim?
After a loved one's death due to another's negligence in Anaheim, taking certain steps can protect your claim:
- Preserve Evidence: Collect any documents, photos, or witness information related to the incident. This could include accident reports, medical records, or communications.
- Do Not Discuss Fault: Avoid making statements about fault or discussing the incident with insurance adjusters without legal guidance.
- Consult with an Attorney: Speak with a wrongful death attorney who understands California law. An attorney can help you understand your rights and the deadlines involved.
- Understand the Deadlines: California law sets strict time limits for filing a wrongful death claim. For most wrongful death claims, you have two years from the date of death to file a lawsuit (Cal. Code Civ. Proc. § 335.1). If a public entity, like the City of Anaheim, was involved, a written claim must be presented to that entity within six months of the incident (Cal. Gov. Code § 911.2).
How long do I have to file a wrongful death claim in Anaheim, and what can be recovered?
Most wrongful death claims in Anaheim must be filed within two years from the date of the death, as set out in Cal. Code Civ. Proc. § 335.1. However, if your claim involves a public entity, such as a city, county, or state agency, you must present a written claim to that entity within six months of the incident under Cal. Gov. Code § 911.2. The deadline is generally paused while an injured person is a minor (CCP § 352), but that pause does not apply to claims against public entities.
California law allows for recovery of various damages in wrongful death claims. These include economic losses like financial support the deceased would have provided, lost gifts and benefits, funeral and burial expenses, and the value of household services. Non-economic damages, such as the loss of love, companionship, comfort, care, assistance, protection, affection, society, training, and guidance from the deceased, are also recoverable. For survival actions filed on or after January 1, 2026, the deceased's pain, suffering, or disfigurement cannot be recovered, but their economic losses before death and punitive damages they could have recovered are available (CCP § 377.34). This does not apply to elder abuse claims under Welf. & Inst. Code § 15600 et seq.
What kinds of wrongful death cases does Casa Legal Los Angeles handle?
Casa Legal Los Angeles helps families pursue wrongful death claims stemming from many types of incidents in Anaheim. This includes deaths caused by car accidents, truck accidents, or pedestrian accidents in Anaheim. We also assist with claims arising from slip and fall incidents, dangerous property conditions, and other acts of negligence that result in a person's death. Our practice focuses on personal injury and employment law, and we work to achieve full compensation available under California law for grieving families.
What does working with Casa Legal Los Angeles involve?
When you work with Casa Legal Los Angeles, we start by listening to your story and understanding the specific facts of your loved one's death. We gather evidence, investigate the circumstances, and identify all responsible parties. We handle all communications with insurance companies and defense attorneys. Our firm prepares and files all necessary legal documents with the Superior Court of California, County of Orange. We represent you in negotiations and, if necessary, in court. Our goal is to lift the legal burden from your shoulders during a difficult time. You pay no attorney's fees unless we win, and no case costs either.
Frequently Asked Questions
What is "wrongful death" under California law?
Wrongful death occurs when a person dies due to the wrongful act or negligence of another. California law defines specific family members who can bring a wrongful death claim, such as a surviving spouse, children, or parents, to seek compensation for their losses.
Can I recover damages for emotional distress in a wrongful death claim in Anaheim?
While you cannot recover for your own grief and sorrow directly, California law allows for non-economic damages in wrongful death claims. This includes compensation for the loss of the deceased's love, companionship, comfort, care, assistance, protection, affection, society, training, and guidance. This is distinct from a claim for your personal emotional distress.
Does the six-month public entity claim deadline apply to all wrongful death cases in Anaheim?
The six-month public entity claim deadline (Cal. Gov. Code § 911.2) specifically applies when a government entity or employee's negligence caused the death. This could include a city vehicle accident, a death on public property, or medical negligence at a public hospital. If no public entity is involved, the general two-year deadline for filing a lawsuit (Cal. Code Civ. Proc. § 335.1) usually applies. Always confirm which deadline applies to your specific facts with an attorney.
What if the person who caused the death had no insurance?
If the responsible party in an Anaheim wrongful death case has no insurance, other avenues for recovery may exist. This could include seeking damages from other liable parties, or potentially through your own uninsured/underinsured motorist coverage if the death was traffic-related. What a claim is worth depends on the specific facts; California law allows recovery for medical costs, lost earnings and non-economic harm. A personal injury attorney can investigate all potential sources of compensation.
A wrongful death can leave your family facing immense emotional and financial hardship. If you have lost a loved one due to someone else's negligence in Anaheim, Casa Legal Los Angeles is here to help. Call us at 888-585-2529 for a free consultation. No attorney's fees unless we win — and no case costs either.