When the sudden loss of a loved one results from someone else’s negligence or wrongful actions, questions about accountability and concerns about your family’s future may compound your pain and grief. During this profoundly difficult time, a wrongful death claim can provide a path toward financial stability and justice, though nothing can truly compensate for your loss. Our Huntington Beach wrongful death attorneys at Callahan & Blaine, PC approach each case with sensitivity while working diligently to secure the resources your family needs.
Our experienced Huntington Beach personal injury lawyers have represented families throughout California who are navigating the aftermath of a preventable death. With over 180 years of combined experience in complex litigation among our management team, we provide exceptional legal representation in every wrongful death case. Our record of success includes the highest personal injury verdict in U.S. history, at $50 million, demonstrating our ability to secure meaningful compensation for families during their most challenging moments.
Understanding Wrongful Death Claims in California
California’s Code of Civil Procedure Section 377.60 outlines who can file a claim and the types of damages that may be recovered. The law recognizes that certain family members suffer both emotional and financial harm when losing someone due to negligence or wrongful actions. We can help you understand the state laws that may impact your case, providing a clearer understanding of what to expect throughout the process.
Who Can File
In California, eligible parties who may file wrongful death claims include surviving spouses, domestic partners, children, and, in some cases, dependent stepchildren or parents. If no such heirs exist, claims may be brought by those who would inherit property from the deceased under California’s intestate succession laws.
Wrongful Death vs. Survival Action
California distinguishes between wrongful death claims and survival actions. Wrongful death claims compensate family members for their own losses resulting from the death, while survival actions (governed by Code of Civil Procedure Section 377.30) allow recovery of damages the deceased could have claimed had they survived, such as pre-death medical expenses and lost wages.
These civil claims operate independently from any criminal proceedings. While criminal cases require proof “beyond a reasonable doubt,” wrongful death claims use the lower “preponderance of evidence” standard, meaning the defendant was more likely than not responsible for the death. This distinction allows families to pursue justice even when criminal charges aren’t filed or result in an acquittal.
Statute of Limitations
California imposes a two-year statute of limitations for filing wrongful death lawsuits, beginning from the date of death. Different rules apply in cases involving medical malpractice (generally one year from discovery of negligence) or claims against government entities (requiring notice within six months). These timeframes make prompt legal consultation crucial to preserve your right to seek compensation.
What Compensation Is Available in Huntington Beach Wrongful Death Claims?
Pursuing a wrongful death claim may provide several forms of compensation to help you and your family manage the financial and emotional aftermath of losing your loved one. While no amount of money can replace your loss, the following damages acknowledge the impact of your family member’s absence.
- Medical expenses incurred before death
- Funeral and burial costs
- Loss of the deceased’s expected income and benefits
- Loss of household services the deceased would have provided
- Value of gifts or benefits the family would have received
- Loss of companionship, guidance, affection, and moral support
- Loss of consortium
California law also allows certain survival claims for damages the deceased could have recovered had they lived, including medical expenses and lost wages between the injury and death. The specific compensation available depends on your unique circumstances and the strength of your case.
How Our Huntington Beach Wrongful Death Attorneys Can Help
Navigating a wrongful death claim requires legal knowledge, investigative skills, and compassionate representation during an emotionally challenging time. Our personalized approach focuses on thorough preparation while minimizing stress on grieving families, giving you the support you need in the following ways:
Comprehensive Case Investigation
We conduct exhaustive investigations to establish liability for your family member’s death. This includes gathering evidence such as accident reports, medical records, witness statements, and expert opinions. Our dedicated team works diligently to identify all potentially responsible parties and develop a strong foundation for your claim.
Calculating Fair Compensation
Determining appropriate compensation requires careful analysis of both current and future losses. We consult with financial experts, economists, and medical professionals to accurately value your claim, ensuring all aspects of your loss are properly accounted for in settlement negotiations or trial presentations.
Skilled Negotiation and Trial Representation
Most wrongful death claims resolve through negotiated settlements, but insurance companies often attempt to minimize payouts. Our attorneys bring exceptional negotiation skills and a track record of success to these discussions. When fair settlements cannot be reached, we prepare thoroughly for trial, backed by our experience securing record-breaking verdicts.
Contact Our Huntington Beach Wrongful Death Lawyers at Callahan & Blaine Today
The aftermath of losing someone to another’s negligence creates profound challenges for families. During this difficult time, securing experienced legal representation protects your rights and allows you to focus on healing while we handle the legal complexities. Callahan & Blaine, PC brings compassion, experience, and exceptional results to wrongful death representation.
Our 29 attorneys each have a minimum of 8 years of litigation experience, with most having 15 to 30 years of experience in complex litigation. We have secured record-breaking verdicts and settlements, including the largest jury verdict in Orange County history, at $934 million, and the highest personal injury verdict in U.S. history, at $50 million. Contact us today at (714) 241-4444 or through our contact form to discuss your case and learn how we may help your family pursue justice.
