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Can I still file a wrongful death claim in Stanton if my family member was partly at fault?
Yes, you can still pursue a wrongful death claim even if your deceased loved one shared some responsibility for the incident that led to their death. California follows a pure comparative negligence rule. This means the compensation your family receives will be reduced by the percentage of fault attributed to the deceased, but some recovery is still possible regardless of their percentage of fault.
Where does a wrongful death claim from Stanton get filed?
A wrongful death claim for an incident in Stanton is filed in the Superior Court of California, County of Orange. The Central Justice Center, located at 700 Civic Center Dr W, Santa Ana, CA 92701, is generally where these cases are heard. This community sits within Orange County, not Los Angeles County, so the court procedures and claims process differ from those in Los Angeles.
What should I do next after a loved one's wrongful death?
The sudden loss of a loved one is devastating, and acting quickly can help protect your family's rights.
Seek Legal Counsel Quickly: Consult with a wrongful death attorney as soon as you can. They can explain the specific deadlines and legal steps that apply to your situation.
Gather Available Information: Collect any documents related to the incident, such as accident reports, medical records, death certificates, and insurance policies.
Avoid Discussing Fault: Do not give recorded statements to insurance companies or discuss fault with anyone other than your attorney. Statements made prematurely can harm your claim.
Preserve Evidence: If possible, take photos of the scene, damage, and injuries. Keep any physical evidence, like clothing or personal belongings, related to the incident.
Track Expenses: Keep detailed records of all financial losses, including funeral costs, medical bills incurred before death, and lost income from your loved one.
How long do I have to file a wrongful death claim in Stanton?
Most wrongful death claims in California must be filed within two years from the date of your loved one's death, as specified by California Code of Civil Procedure § 335.1. However, if your claim is against a city, county, or any other public agency, you have a much shorter deadline: a written claim must be presented to that public entity within six months of the death, according to California Government Code § 911.2. The exact deadline can change based on the facts of your case, so confirm the deadline with an attorney.
A wrongful death claim seeks to recover compensation for the losses your family suffers. This can include economic damages like lost financial support, lost household services, funeral and burial expenses, and the value of lost gifts or benefits. It can also cover non-economic damages, such as the loss of your loved one's companionship, comfort, care, assistance, protection, affection, society, training, and guidance. It is important to know that for claims filed on or after January 1, 2026, the decedent's own pain and suffering before death is not recoverable in a survival action, under Code of Civil Procedure § 377.34.
What kinds of wrongful death cases does Casa Legal Los Angeles handle?
We represent families in Stanton and throughout Orange County who have lost loved ones due to another party's negligence or misconduct. These cases often arise from car accidents, including those in and around Stanton. You can find more information about how we help with these claims on our Stanton car accident attorney page. Other common causes of wrongful death include:
Motorcycle accidents
Truck accidents
Pedestrian accidents
Bicycle accidents
Medical malpractice
Defective products
Workplace accidents
Premises liability incidents, such as slip and falls
Acts of violence
Our firm also handles severe injury cases that can precede a wrongful death claim, such as those involving a traumatic brain injury. Our goal is to pursue the full compensation available under California law for families experiencing such a profound loss.
What does working with Casa Legal Los Angeles involve?
When you work with Casa Legal Los Angeles, we handle the legal complexities so you can focus on your family. This involves investigating the incident, identifying all responsible parties, gathering evidence, and calculating the full extent of your family's losses. We manage all communication with insurance companies and defense attorneys, negotiate for a fair settlement, and prepare your case for trial if a settlement cannot be reached. Our firm has deep roots in Orange County, and our attorneys are familiar with the local court system and procedures. You can learn more about our approach to all personal injury claims on our Stanton personal injury attorney page.
Frequently Asked Questions
What is a wrongful death claim?
A wrongful death claim is a legal action brought by surviving family members against a party whose negligence or misconduct caused their loved one's death. The purpose of the claim is to recover compensation for the financial and emotional losses the family experiences due to the death.
Who can file a wrongful death claim in California?
In California, specific individuals have the right to file a wrongful death claim. This typically includes the deceased person's surviving spouse or domestic partner, children, and the issue of deceased children. If there are no surviving direct descendants, those entitled to the deceased's property by intestate succession may file. Additionally, dependent putative spouses, stepchildren, parents, and minors who resided in the household and depended on the deceased for at least half of their support may also be eligible under Code of Civil Procedure § 377.60.
How is compensation determined in a Stanton wrongful death case?
The compensation in a wrongful death case is determined by evaluating the economic and non-economic losses suffered by the surviving family members. Economic losses include funeral and burial expenses, the financial support the deceased would have provided, and the value of lost household services. Non-economic losses cover the loss of companionship, comfort, care, affection, society, and guidance. The court considers these factors to arrive at a fair amount, reduced by any percentage of fault assigned to the deceased.
What if the death was caused by a government entity in Orange County?
If a government entity, such as the City of Stanton or Orange County, caused your loved one's death, the process has a strict, short deadline. You must present a formal claim to the public entity within six months of the death, as required by California Government Code § 911.2, before you can file a lawsuit. Failing to meet this deadline can permanently bar your claim, even if you have a valid case. The deadline is generally paused while an injured person is a minor under CCP § 352, but § 352(b) removes that pause for claims against public entities under the Government Claims Act.
If you have lost a loved one due to someone else's negligence in Stanton or anywhere in Orange County, contact Casa Legal Los Angeles for a consultation. We focus on personal injury and employment law, and we are ready to discuss your options. Call us at 888-585-2529 today. No attorney's fees unless we win — and no case costs either.
Serving Stanton
Our attorneys represent clients throughout Stanton and the greater Los Angeles area.
Where a Stanton claim is filed
A personal injury claim arising in Stanton is filed in Central Justice Center of the Superior Court of California, County of Orange.
This community is in Orange County, not Los Angeles County. A personal injury claim arising here is filed in the Superior Court of California, County of Orange rather than with the Los Angeles Superior Court.
Confirm the correct justice center for the specific incident location.
Source: Superior Court of California, County of Orange (verified August 23, 2026).
Deadlines that apply in Stanton
The California filing deadlines that apply to an incident in Stanton (Orange County) come from state statute, not a local rule. These are the deadlines cited most often.
2 years — personal injury lawsuit
Cal. Code Civ. Proc. § 335.1 — two years from the date of injury for most personal injury and wrongful death claims.
6 months — claim against a public entity
Cal. Gov. Code § 911.2 — a written claim must be presented to the public entity within six months for claims involving death or injury to person or personal property, before a lawsuit may be filed.
Injured minors
Cal. Code Civ. Proc. § 352 — the limitations period is generally tolled while the injured person is a minor, but the six-month government claim deadline is not tolled the same way.
This is general information about California law, not legal advice, and reading it does not create an attorney-client relationship. Deadlines change with the facts and with who the defendant is — a claim against a city, county, transit agency, or the state triggers a much shorter deadline, and delayed discovery, tolling, and other exceptions apply. Casa Legal Los Angeles is licensed to practice in California. Confirm any deadline with an attorney.
Sources: California Code of Civil Procedure § 335.1; California Government Code § 911.2 (verified August 23, 2026).