In most cases, you have two years from the date of your loved one’s passing to file a wrongful death claim under California Code of Civil Procedure §335.1. But if your case involves a government agency, the deadline can be much shorter, as little as six months from the date of death under California Government Code §911.2.
If the cause of death isn’t immediately known or you later discover someone else’s role in what happened, the clock may not start until the date of discovery. These timelines are strict, and missing them could mean losing your right to file.
Don’t risk it. Our experienced Anaheim wrongful death attorneys can help you act fast, protect your rights, and keep your claim on track from day one.
Not always. While criminal charges may apply if the at-fault party broke the law, many people responsible for a wrongful death never face jail time.
Even if the state files criminal charges, it won’t stop you from pursuing a wrongful death claim. In fact, a criminal conviction can strengthen your civil case. And if no charges are filed, you can still sue, because civil liability doesn’t depend on a criminal case.
Our Anaheim wrongful death lawyers will help you cut through the confusion, build a strong case, and fight to get the compensation your family deserves.
You don’t need to prove guilt “beyond a reasonable doubt” like in a criminal case. In a wrongful death claim, the standard is lower and called a preponderance of the evidence. That means we just need to show it’s more likely than not that the defendant caused your loved one’s death.
Our Anaheim wrongful death attorneys work with expert witnesses, forensic specialists, and top investigators to build a case that holds up in court. Whether it’s video footage, eyewitness testimony, or accident reconstructions, we gather the strongest evidence possible to tip the scale in your favor.
California Code of Civil Procedure § 377.60 gives top priority to immediate family members. If you’re a surviving spouse, adult child, or registered domestic partner, you likely have the right to file a wrongful death claim. If none exist, next of kin as described by California’s intestate succession laws , like siblings, parents, or other heirs, may step in.
If no family member is available, the personal representative of the estate can pursue the case.
Not sure if you’re eligible? Our Anaheim wrongful death attorneys can quickly review your situation and explain your legal options. Don’t leave this to guesswork; let JSM Injury Firm APC help you move forward.
Yes, in some cases, you can. If your loved one’s death was caused by gross negligence, intentional harm, or egregious misconduct, the court may award punitive damages under `. These damages go beyond compensation: they’re meant to punish the wrongdoer.
Not every case qualifies, but our experienced Anaheim wrongful death attorneys will carefully review the facts to determine whether punitive damages apply. If they do, we’ll fight aggressively to maximize your wrongful death claim and hold the at-fault party fully accountable.