What mistakes ruin a Fullerton wrongful death claim?
You can lose your right to pursue compensation if you miss a deadline, or if you speak to insurance adjusters without legal advice. A loved one’s death is devastating, and mistakes made in the immediate aftermath often impact your family’s ability to recover.
When someone else's negligence causes a fatal accident, California law allows surviving family members to pursue a wrongful death claim. This process helps your family recover financial support, lost benefits, and compensation for the loss of companionship.
How long do you have to file a wrongful death claim in Fullerton?
Most California wrongful death claims must be filed within two years (Cal. Code Civ. Proc. § 335.1). If your loved one died because of negligence by a city, county, or other public agency, you generally have only six months to present a formal claim (Cal. Gov. Code § 911.2). Missing these deadlines means you permanently lose your right to claim compensation.
The deadline is generally paused while an injured person is a minor under Cal. Code Civ. Proc. § 352. However, that pause does not apply to claims against public entities under the Government Claims Act, as Cal. Code Civ. Proc. § 352(b) removes it. Always confirm deadlines with an attorney, as exceptions exist.
California wrongful death law aims to compensate surviving family members for both economic and non-economic losses. Your family can recover for financial support the decedent would have provided, lost gifts or benefits, funeral and burial expenses, and the value of household services. You can also recover for non-economic harm, including the loss of love, companionship, comfort, care, assistance, protection, affection, society, training, and guidance (Cal. Code Civ. Proc. § 377.61).
The law explicitly does not allow recovery for the survivor's own grief or sorrow, the decedent's pain and suffering, or the wealth of the parties involved. For survival actions filed on or after January 1, 2026, the decedent's pre-death pain and suffering is not recoverable (Cal. Code Civ. Proc. § 377.34).
What kinds of cases are considered wrongful death in Fullerton?
A wrongful death claim arises when a person dies due to the wrongful act or negligence of another. This includes many types of fatal accidents in Fullerton, Orange County, such as car crashes, truck accidents, motorcycle collisions, pedestrian accidents, or bicycle accidents.
It also includes deaths caused by medical malpractice, premises liability incidents like slip and falls, or dangerous products. If your loved one's death resulted from someone else's failure to act with ordinary care, you may have a wrongful death claim. Families seeking help with these matters can contact a wrongful death lawyer in Cerritos, Downey, or Claremont.
Where is a Fullerton wrongful death claim filed?
This community is in Orange County, not Los Angeles County. A wrongful death claim arising in Fullerton is generally filed in the Superior Court of California, County of Orange. The courthouse for such claims is typically the Central Justice Center, located at 700 Civic Center Dr W, Santa Ana, CA 92701.
Always verify the specific courthouse and its jurisdiction with an attorney, as rules can vary depending on the nature of the claim and the parties involved. If the claim is against a public entity, it will first go through the public entity's claims process before a lawsuit can be filed.
What should I do after a loved one's wrongful death?
- Ensure safety and call emergency services: Get immediate medical attention for anyone injured and report the death to the authorities.
- Preserve evidence: If possible and safe, document the scene with photos or videos. Keep any items related to the incident, such as clothing or vehicle parts.
- Do not give recorded statements: Avoid speaking with insurance adjusters or signing any documents without consulting an attorney. They represent the insurance company, not your family.
- Gather information: Collect contact details for witnesses, police reports, and any medical records related to the death.
- Contact a wrongful death attorney: An attorney can explain your rights and guide you through the complex legal process. They will help you understand the deadlines and file the necessary paperwork to protect your family's claim.
What does working with Casa Legal Los Angeles involve?
Working with Casa Legal Los Angeles means having a dedicated legal team in your corner. We handle all aspects of your wrongful death claim, from investigation and evidence gathering to negotiation with insurance companies and, if necessary, representation in court. We focus on recovering the full compensation available under California law for your family, while you focus on healing.
We work on a contingency fee basis. This means you owe us no attorney's fees unless we win, and no case costs either. Our priority is to ease your burden during a difficult time and pursue justice for your loved one.
Frequently Asked Questions
What is a "survival action" and how does it differ from wrongful death?
A survival action is a claim brought by the deceased person's estate for losses the decedent sustained before death, such as medical expenses and lost earnings up to the moment of death. It also allows for punitive damages the decedent could have recovered. Wrongful death, by contrast, compensates the surviving family members for their own losses, like financial support and loss of companionship. For survival actions filed on or after January 1, 2026, California law does not allow recovery for the decedent's pain, suffering, or disfigurement (Cal. Code Civ. Proc. § 377.34).
Can I file a wrongful death claim if my loved one was partially at fault?
Yes, you can still file a claim even if your loved one was partially at fault. California follows a rule of "pure comparative negligence" (Li v. Yellow Cab Co., 1975). This means the compensation your family receives would be reduced by your loved one's percentage of fault. For example, if damages are determined to be $1,000,000 but your loved one was 20% at fault, your family would receive $800,000.
How does the six-month deadline for public entities affect my Fullerton claim?
If a government agency, such as the City of Fullerton, Orange County, or a state entity, caused your loved one's death, you must present a formal written claim to that entity within six months of the death (Cal. Gov. Code § 911.2). Failing to meet this short deadline almost always bars your family from pursuing a lawsuit later. This is a critical difference from the standard two-year deadline for private parties, and it requires immediate action.
What if the at-fault driver was uninsured?
If the at-fault driver was uninsured, your options depend on your loved one's own insurance policy. If the decedent had uninsured motorist (UM) coverage, your family might be able to recover compensation through that policy. It's crucial to review all available insurance coverages, including your own, as these policies can sometimes provide recovery even when the at-fault driver has no insurance. California law also bars non-economic damages for uninsured vehicle owners in certain situations (Cal. Civ. Code § 3333.4).
If your family lost a loved one due to someone else’s negligence in Fullerton, call us at 888-585-2529. No attorney's fees unless we win — and no case costs either.