Mission Viejo Wrongful Death Lawyer

Expert Wrongful Death Attorneys Serving Mission Viejo, CA

Mission Viejo wrongful death lawyers

Losing someone you love is never easy—but when that loss is caused by someone else’s negligence, the grief is often accompanied by anger, confusion, and unanswered questions. At Banner Attorneys, we understand the devastating emotional and financial impact a wrongful death can have on families. We’re here to offer not just legal guidance, but compassionate support every step of the way.

Based in Mission Viejo, our firm has spent over 15 years representing families throughout Orange County in wrongful death claims. We’ve helped clients recover meaningful compensation in the face of life-altering loss, and we are committed to pursuing justice with dignity and care.

We approach wrongful death cases on a contingency fee basis, meaning you pay nothing unless we win. You deserve answers, accountability, and peace of mind—and we’re here to help you fight for all three. Our Mission Viejo wrongful death lawyer is here to bring justice for you and your loved one.

What Is Considered a Wrongful Death in California?

Under California Code of Civil Procedure § 377.60, a wrongful death occurs when a person dies as a direct result of another party’s negligent, reckless, or intentional actions. This law allows specific surviving family members or dependents to file a civil lawsuit seeking financial compensation for their loss.

It’s important to understand the difference between a wrongful death case and a criminal homicide case. While both may involve the same underlying incident, they serve very different legal purposes:

  • Criminal Homicide: Prosecuted by the state or district attorney. If the defendant is found guilty, penalties may include jail time, fines, or probation.
  • Wrongful Death (Civil Lawsuit): Filed by surviving family members or representatives of the deceased’s estate. The goal is to recover financial compensation for the losses suffered.

One key distinction is the burden of proof:

  • Criminal Court: Requires proof “beyond a reasonable doubt.”
  • Civil Court (Wrongful Death): Requires a “preponderance of the evidence,” meaning it’s more likely than not that the defendant’s actions caused the death.

This means a defendant can be found not guilty in a criminal trial, yet still be held legally responsible in a civil wrongful death claim. If your loved one’s death involved suspected negligence or misconduct, Banner Attorneys can help you explore your civil legal options, regardless of whether criminal charges were filed.

Common Causes of Wrongful Death in Mission Viejo

Wrongful deaths can arise from a wide range of tragic and preventable situations. In many cases, these incidents are caused by someone’s carelessness, failure to follow safety protocols, or even intentional misconduct. Understanding the most common scenarios can help you determine whether you may have a valid claim.

Some of the most frequent causes of wrongful death in California include:

  • Car, Truck, or Motorcycle Accidents: High-speed crashes, distracted driving, DUIs, and reckless behavior often lead to fatal collisions involving other vehicles, pedestrians, or cyclists.
  • Medical Malpractice or Surgical Errors: Negligent doctors, nurses, or hospitals can cause fatal outcomes through misdiagnosis, medication mistakes, anesthesia errors, or delayed treatment.
  • Defective Products: Faulty consumer goods, auto parts, or medical devices can fail unexpectedly and cause fatal injuries—especially when manufacturers ignore safety standards.
  • Construction or Workplace Accidents: Inadequate training, poor maintenance, or OSHA violations can lead to fatal falls, equipment malfunctions, or exposure to hazardous materials.
  • Dangerous Property Conditions (Premises Liability): Property owners who fail to address known hazards, such as broken stairs, poor lighting, or unsecured pools, may be held liable for fatal accidents on their premises.

If your loved one’s death occurred under circumstances like these, and you suspect it could have been prevented, you may have legal grounds to pursue a wrongful death claim. Our Mission Viejo wrongful death attorneys are ready to offer support, investigate your case thoroughly, and help you understand your rights under California law.

Mission Viejo wrongful death attorney

Who Can File a Wrongful Death Claim in California?

Not everyone is eligible to bring a wrongful death lawsuit. California law specifies who can file a claim, including:

  • The surviving spouse or domestic partner
  • Children of the deceased
  • Other dependent family members (such as parents or stepchildren)

If there are multiple potential claimants, they may file a joint action. Our wrongful death lawyers at Banner Attorneys will help you understand your rights and ensure your family’s claim is handled correctly and efficiently.

Compensation Available in Wrongful Death Cases

A wrongful death lawsuit can provide vital financial relief for surviving family members. Depending on the facts of the case, compensation may include:

  • Funeral and burial expenses
  • Medical bills related to the final injury or illness
  • Loss of future income and financial support
  • Loss of companionship, love, and guidance
  • Emotional distress in certain related survivor claims

Our lawyers at Banner Attorneys will work with financial and medical experts to calculate the full value of your losses and pursue maximum compensation on your behalf.

Statute of Limitations for Wrongful Death Claims in California

Time is a critical factor in any wrongful death case. In California, the standard statute of limitations for filing a wrongful death lawsuit is two years from the date of the person’s death (C.C.P. § 335.1). If this deadline passes, the court may dismiss your case, and you could permanently lose the right to seek compensation.

However, there are key exceptions to this two-year rule:

  • Claims Involving Government Entities: If a city, county, or state agency is believed to be responsible (such as in cases involving a public hospital, government employee, or dangerous public property), you must first file a formal administrative claim within six months of the death. If the government denies the claim, you then have only a limited window—typically six months from the date of denial—to file a civil lawsuit in court.
  • Medical Malpractice Wrongful Death: When a wrongful death results from medical negligence, California law applies a different time limit. You generally have three years from the date of injury (or one year from the date the negligence was discovered or reasonably should have been discovered), whichever occurs first (C.C.P. § 340.5).

Because these exceptions are strictly enforced and highly fact-dependent, it’s critical to speak with an experienced attorney as soon as possible. At Banner Attorneys, we ensure that all deadlines are identified and met so your case can proceed without delay or procedural risk.

Mission Viejo wrongful death attorneys

Why Choose Banner Attorneys for Your Wrongful Death Case?

When choosing a wrongful death attorney in Mission Viejo, experience, local insight, and personalized care matter. Here’s why families throughout Orange County trust Banner Attorneys:

  • Over 15 years of experience handling complex personal injury and wrongful death claims
  • 98% success rate in securing compensation for our clients
  • Contingency fee-based—you pay nothing unless we win
  • Personalized attention from compassionate attorneys who treat you like family
  • Recognized leadership in wrongful death litigation in Southern California

What to Expect When You Work With Us

At Banner Attorneys, we make the legal process as smooth and stress-free as possible. Here’s what you can expect:

  1. Free consultation to understand your case and answer your questions
  2. Thorough investigation including medical records, expert opinions, and accident analysis
  3. Skillful negotiation with insurers or defendants for fair settlements
  4. Trial-ready preparation if the case proceeds to court

Our average case is resolved in 93 days. Securing justice doesn’t have to be a long, drawn out, or pain-staking process. You focus on healing—we’ll handle the rest.

Frequently Asked Questions (FAQs)

A wrongful death occurs when a person dies due to the negligence, recklessness, or intentional act of another. California law allows eligible family members to file a civil lawsuit for financial compensation.

Yes. A wrongful death lawsuit is a separate civil matter. Even if no criminal charges are filed—or if the accused is acquitted—you may still recover damages in civil court.

A wrongful death claim seeks compensation for the family’s losses. A survival action, on the other hand, is brought on behalf of the deceased’s estate to recover damages the person could have claimed had they lived, such as medical expenses or pain and suffering.

California law allows eligible family members to join together in a single wrongful death lawsuit. This helps avoid conflicting claims and ensures fair distribution of compensation.

Technically, no—but wrongful death cases are complex and emotionally difficult. An experienced attorney can handle the legal burden, negotiate with insurers, and fight for the full compensation your family deserves.

At Banner Attorneys, we handle wrongful death cases on a contingency fee basis. You pay nothing unless we win your case. We also offer free consultations to discuss your legal options.

Contact Our Mission Viejo Wrongful Death Lawyer Today

If you’ve lost a loved one due to negligence, you deserve justice—and compassionate legal support. Let Banner Attorneys help you pursue accountability and financial relief.

Contact us now for a free consultation by calling us or completing our online form. We proudly serve Mission Viejo and all surrounding areas in Orange County.