Costa Mesa Wrongful Death Attorney: Compassionate Legal Advocates for Your Family

Losing a loved one is one of the most devastating experiences a family can endure. When that loss results from someone else’s negligence, recklessness, or intentional misconduct, the pain is compounded by a profound sense of injustice. You are left not only grieving but also facing unexpected medical bills, funeral costs, lost income, and an uncertain financial future. At The Accident Network Law Group, our Costa Mesa wrongful death attorneys understand what your family is going through. Attorney Damoun A. Yazdi and our dedicated team have spent more than 12 years fighting for families throughout Orange County and Southern California who have been devastated by preventable deaths. We handle every aspect of your case while you focus on what matters most: healing and honoring your loved one’s memory. If you believe your family member’s death was caused by another party’s wrongful conduct, you may have the right to pursue compensation under California law. Contact us today for a free, confidential consultation. We work on a contingency fee basis, meaning there is no fee unless we recover compensation for your family.

What Is Wrongful Death Under California Law?

Under California Code of Civil Procedure Section 377.60, a wrongful death claim arises when a person dies as a result of the wrongful act, neglect, or default of another party. This civil legal action allows eligible surviving family members to seek financial compensation for the losses they have suffered because of their loved one’s death. A wrongful death claim is fundamentally different from a criminal prosecution. While prosecutors pursue criminal charges such as vehicular manslaughter or homicide, a wrongful death lawsuit is a civil action brought by the surviving family. These two proceedings can occur simultaneously and independently. Importantly, even if a defendant is acquitted in a criminal case, they can still be found liable in a civil wrongful death lawsuit because the civil burden of proof is lower. In a wrongful death case, surviving family members must prove liability by a preponderance of the evidence, meaning it is more likely than not that the defendant’s conduct caused the death. This is a lower standard than the criminal beyond a reasonable doubt threshold.

Who Is Eligible to File a Wrongful Death Claim in California?

Not everyone who is grieving has the legal standing to file a wrongful death claim. California Code of Civil Procedure Section 377.60 specifies who may file. Eligible parties include:

The decedent’s surviving spouse or domestic partner
The decedent’s surviving children or grandchildren (if the decedent’s children are also deceased)
Any minor who was dependent on the decedent and lived in the household for at least 180 days before the death, treating the decedent as a parent
Other individuals who would be entitled to inherit from the decedent under California intestate succession laws, including parents and siblings, if there is no surviving spouse or children

When multiple eligible family members exist, they must generally file a single joint lawsuit. Our attorneys work with all eligible family members to coordinate the claim and ensure that everyone’s rights are protected.

Common Causes of Wrongful Death in Costa Mesa and Orange County

Wrongful death claims arise from a wide range of fatal accidents and incidents. In Costa Mesa and the surrounding Orange County area, some of the most common causes include:

Motor Vehicle Accidents
Car accidents remain the leading cause of wrongful death claims in California. Drunk drivers, distracted drivers, and speeding motorists cause thousands of preventable fatalities each year. Our attorneys represent families who have lost loved ones in car accidents, truck accidents, motorcycle accidents, and pedestrian accidents on roads throughout Orange County.

Slip and Fall and Premises Liability
Property owners in California have a legal duty to maintain safe conditions for visitors. When a property owner’s negligence leads to a fatal fall or other premises-related death, the family of the victim may have a wrongful death claim.

Medical Malpractice
When a healthcare provider’s negligence causes a patient’s death, the surviving family may have a medical malpractice wrongful death claim. These cases are complex and require expert testimony to establish the applicable standard of care and how it was breached.

Workplace Accidents and Construction Injuries
Fatalities involving construction accidents, industrial equipment failures, or employer negligence can give rise to wrongful death claims against responsible employers or third parties.

Defective Products
When a defective product causes a fatal injury, the manufacturer, distributor, or retailer may be held liable under California product liability law.

Dog Attacks
Under California Civil Code Section 3342, dog owners are strictly liable for fatal injuries caused by their animals, regardless of whether the dog had previously shown aggressive behavior.

The Four Elements of Negligence in a Wrongful Death Case

To succeed in a wrongful death claim based on negligence, our attorneys must establish four key elements:

Duty of Care: The defendant had a legal obligation to act with reasonable care toward others. For example, all drivers owe a duty of care to other motorists, cyclists, and pedestrians on California roads.
Breach of Duty: The defendant failed to meet that standard of reasonable care. This could involve speeding, running a red light, driving under the influence, or ignoring a known hazard on their property.
Causation: The defendant’s breach of duty was the direct and proximate cause of your loved one’s death. We must demonstrate that but for the defendant’s conduct, the death would not have occurred.
Damages: The surviving family members suffered actual, compensable losses as a result of the death, including financial losses, loss of companionship, and other harms recognized under California law.

Our legal team conducts thorough investigations, gathers evidence, works with accident reconstruction experts, and builds the strongest possible case to establish each of these elements.

What Compensation Can Your Family Recover?

Under California Code of Civil Procedure Section 377.61, the court may award wrongful death damages that are fair and just compensation for the losses suffered by the heirs or dependents. California law allows recovery of both economic and non-economic damages.

Economic Damages
Economic damages are the measurable financial losses your family has suffered, including:

Loss of the financial support the deceased would have provided over their remaining working years
Loss of gifts and benefits the deceased would have given to family members
Funeral and burial expenses
Medical expenses incurred as a result of the fatal injury before death
Reasonable value of household services the deceased would have provided

Non-Economic Damages
Non-economic damages compensate for the intangible losses that are harder to quantify but no less real:

Loss of love, companionship, comfort, care, assistance, protection, affection, and society
Loss of moral support and guidance
Loss of training and education provided to children
Loss of sexual relations (for surviving spouses)

Punitive Damages
In most wrongful death cases, punitive damages are not directly available to surviving family members under California law. However, in cases involving oppression, fraud, or malice by the defendant, punitive damages may be pursued through a companion survival action filed alongside the wrongful death claim.

Wrongful Death Claims vs. Survival Actions in California

California law provides two separate but related legal remedies for fatal injury cases, and understanding the distinction is important for maximizing your family’s total recovery.

A wrongful death claim under California Code of Civil Procedure Section 377.60 compensates eligible surviving family members for the losses they personally suffered because of their loved one’s death.

A survival action under California Code of Civil Procedure Section 377.30 allows the deceased person’s estate to pursue compensation for the losses the decedent suffered before dying. This includes pain and suffering experienced before death, lost earnings from the time of injury to death, and property damage.

These two claims can be filed simultaneously in the same lawsuit. Our attorneys evaluate your unique situation to determine which claims are most appropriate and how to present the strongest possible case on all fronts.

The Statute of Limitations for Wrongful Death in California

Time is critical in wrongful death cases. Under California Code of Civil Procedure Section 335.1, surviving family members have two years from the date of the decedent’s death to file a wrongful death lawsuit. Missing this deadline will almost certainly result in the court dismissing the case entirely, leaving your family without any legal recourse for compensation.

There are limited exceptions to this rule:

Government entities: If the at-fault party is a government agency or employee, you must first file a government tort claim within six months of the death under California Government Code Section 945.6. This is a strict prerequisite to filing a lawsuit.
Minors: Special rules may extend the limitations period when a minor is among the eligible claimants.
Discovery rule: In limited circumstances, the limitations period may begin when the cause of death was discovered or reasonably should have been discovered.

Given these strict deadlines, we urge families to contact our office as soon as possible after a loved one’s death to protect their legal rights.

Does California Cap Wrongful Death Damages?

For most wrongful death cases in California, there is no statutory cap on economic or non-economic damages. The full extent of your family’s losses can be presented to the jury.

However, wrongful death claims arising from medical malpractice are subject to limitations on non-economic damages under the Medical Injury Compensation Reform Act (MICRA), as amended by Assembly Bill 35, signed into law in 2022.

Under AB 35, non-economic damage caps for medical malpractice wrongful death claims are being phased upward over time, with the cap eventually reaching million by the mid-2030s. These limits apply only to non-economic losses such as pain, suffering, and loss of companionship; there is no cap on economic damages.

If your loved one’s death involved medical negligence, our attorneys will explain exactly how these limits affect your case and how to pursue the maximum available recovery for your family.

How Comparative Fault Affects Your Wrongful Death Claim

California follows a pure comparative fault rule. This means that even if your loved one was partially responsible for the accident that caused their death, your family can still recover compensation. However, the total damages awarded will be reduced in proportion to the deceased’s percentage of fault.

For example, if a jury determines that the deceased was 20 percent at fault for an accident and the total damages were 1,000,000, the family’s recovery would be 1,000.

Insurance companies and defense attorneys frequently attempt to assign blame to the deceased in order to reduce their payout. Our legal team aggressively challenges these tactics, gathering evidence and working with expert witnesses to accurately establish how the incident occurred and where responsibility truly lies.

Multiple Liable Parties in a Wrongful Death Case

In many wrongful death cases, more than one party may bear responsibility for the death. Identifying all potentially liable parties is critical to maximizing your family’s recovery and ensuring that no responsible party escapes accountability. For example:

In a truck accident caused by a commercial driver, both the driver and the trucking company may be liable if the company failed to properly train or supervise the driver, or violated federal trucking regulations
In a fatal premises accident, both the property owner and a negligent contractor may share responsibility
In a product defect case, the manufacturer, distributor, and retailer may all be named as defendants

California’s comparative fault principles allow each responsible party to be held accountable for their proportionate share of the harm caused. Our thorough investigation process is designed to ensure that no responsible party is overlooked.

Why Choose The Accident Network Law Group for Your Wrongful Death Case?

Choosing the right legal representation for a wrongful death case is one of the most important decisions your family will make. Here is why Costa Mesa and Orange County families trust The Accident Network Law Group:

An Experienced Wrongful Death Attorney With a Unique Background
Attorney Damoun A. Yazdi brings more than 12 years of experience exclusively in personal injury and wrongful death law. A graduate of Trinity Law School, where he finished at the top of his class in Litigation Skills, Attorney Yazdi founded the Alternative Dispute Resolution Society and later served as a law clerk at the Los Angeles County District Attorney’s Office. That prosecutorial background gives him a rare understanding of how opposing counsel approaches high-stakes civil cases.

Before law school, Attorney Yazdi worked as a paralegal at a personal injury firm, giving him an insider’s perspective on insurance company strategies. He uses that knowledge to anticipate defense tactics and pursue the full value of your family’s claim.

Attorney Yazdi is licensed in California (State Bar No. 315536) and Washington State, and is a member of the American Bar Association, the Los Angeles County Bar Association, the Orange County Bar Association, and the Riverside County Bar Association.

A Proven Track Record for Our Clients
Our firm has secured significant results for injury and wrongful death clients, including:

$1,250,000 settlement in a motorcycle accident case
$1,100,000 settlement in a motorcycle accident case
$1,000,000 settlement in a car accident case
$255,000 settlement in a car accident case
$200,000 settlement in a car accident case
$106,000 settlement in a freeway rear-end car accident case

Past results do not guarantee future outcomes. Each case is unique and depends on its specific facts and circumstances.

No Recovery, No Fee Representation
We handle all wrongful death cases on a contingency fee basis. Your family pays nothing unless we recover compensation on your behalf. There are no upfront costs, no retainer fees, and no hourly billing.

Free Consultations and 24/7 Availability
We offer free, no-obligation case evaluations for all prospective clients. Our team is available 24 hours a day, 7 days a week, including evenings and weekends, because loss does not follow a business schedule.

Bilingual Legal Services
We are proud to serve the diverse communities of Costa Mesa and Orange County with bilingual legal services. Se habla español.

Deep Roots in Southern California
With offices in Costa Mesa, Riverside, Apple Valley, Rancho Cucamonga, Bakersfield, and Victorville, The Accident Network Law Group serves families throughout Southern California. Our familiarity with Orange County Superior Court and local legal procedures gives our clients a genuine advantage. The firm is also a proud member of the Costa Mesa Chamber of Commerce and has a long-standing partnership with UC Riverside Athletics as the official injury attorneys for the program.

Frequently Asked Questions About Wrongful Death in California

How long does a wrongful death lawsuit take?
Wrongful death cases can range from several months to a few years, depending on the complexity of the case, the number of parties involved, and whether the matter settles or proceeds to trial. Our attorneys work efficiently to pursue resolution as quickly as possible while still protecting the full value of your family’s claim.

What is the average wrongful death settlement in California?
Wrongful death settlements vary widely based on factors such as the deceased’s age, earning capacity, the circumstances of the death, and the available insurance coverage. Cases can resolve for hundreds of thousands of dollars; serious cases involving high earners or egregious conduct can result in multi-million dollar settlements or verdicts. We provide an honest assessment of your case’s value during your free consultation.

Can I file a wrongful death claim if there is also a criminal case?
Yes. The civil wrongful death lawsuit is completely independent of any criminal prosecution. Even if criminal charges are not filed or the defendant is acquitted in criminal court, your family can still pursue a wrongful death claim. The civil standard of proof is lower than the criminal standard.

Are wrongful death settlements taxable?
Generally, compensatory damages received in a wrongful death settlement are not subject to federal income tax under Section 104 of the Internal Revenue Code. However, there are exceptions, including punitive damages, which may be taxable. We recommend consulting a tax professional for advice specific to your situation.

Does wrongful death compensation go through probate?
Wrongful death proceeds paid directly to eligible claimants generally do not pass through probate. However, survival action proceeds paid to the deceased’s estate may be subject to probate administration. Our attorneys coordinate between the wrongful death claim and any estate proceedings to protect your family’s interests.

Contact Our Costa Mesa Wrongful Death Attorneys Today

If you have lost a loved one due to someone else’s negligence or wrongful conduct, The Accident Network Law Group is here to help. Attorney Damoun Yazdi and our team are committed to pursuing the justice and compensation your family deserves. We serve clients throughout Costa Mesa, Orange County, and Southern California. We offer:

Free initial case consultations with no obligation
Contingency fee representation with no fee unless we win
24/7 availability for your calls and questions
Bilingual services (Se habla español)
Multiple office locations across Southern California, including Costa Mesa, Riverside, Apple Valley, Rancho Cucamonga, Bakersfield, and Victorville

California’s statute of limitations is strict, and waiting can cost your family the right to pursue compensation. Contact The Accident Network Law Group today to schedule your free consultation and take the first step toward justice for your loved one.

Disclaimer: This content is for informational purposes only and does not constitute legal advice. The outcome of any case depends on its specific facts and circumstances. Past results do not guarantee future outcomes. Contact The Accident Network Law Group for advice about your individual situation.