Huntington Beach Wrongful Death Lawyer

When Someone Else’s Negligence Takes a Life

Losing a family member suddenly, in a crash, a fall or another preventable accident, turns everything upside down. Alongside the grief there are funeral costs, lost income, and questions about what happened and who is responsible. A wrongful death claim can’t undo the loss, but it can hold the responsible party accountable and give your family financial stability. The Law Offices of Brent W. Caldwell helps families in Huntington Beach and across Orange County understand their options. Our office is on Beach Boulevard, and the consultation is free and confidential.

Fatal Crashes in Huntington Beach

Many wrongful death cases start on the road. From 2019 through 2024, 93 people were killed in 89 traffic crashes in Huntington Beach, according to federal fatal-crash records. 35 of them were pedestrians, 16 were motorcyclists and 12 were bicyclists. Beach Boulevard (26 deaths) and Pacific Coast Highway (17) were the deadliest roads, and at least a quarter of the fatal crashes involved a driver who had been drinking. See the deadliest streets in Huntington Beach.

Wrongful death claims also come from unsafe property, defective products, drowning and pool incidents, and medical and workplace incidents involving a negligent third party.

Who Can File a Wrongful Death Claim in California?

California law (Code of Civil Procedure section 377.60) lists who may bring a wrongful death claim:

  • The surviving spouse or registered domestic partner
  • Children, and the children of a child who has died
  • If there are no children or grandchildren, the people who would inherit under California’s inheritance rules, which can include parents or siblings
  • In some cases, others who were financially dependent on the person, such as a putative spouse, stepchildren or parents

Usually the eligible family members bring one claim together. Separately, the estate’s personal representative can bring a survival action for losses the person had before death, such as medical bills and lost earnings.

What a Wrongful Death Claim Can Include

  • Funeral and burial expenses
  • The financial support your loved one would have provided
  • The value of household services, care and guidance they would have given
  • The loss of love, companionship, comfort and moral support

Every family is different, and no lawyer can tell you what a claim is worth at the first meeting. See how wrongful death damages are calculated.

What Happens After a Fatal Accident

  • Police investigation: Huntington Beach Police handle crashes within the city limits. Serious and fatal crashes get a follow-up investigation, which can take weeks or months.
  • Coroner: California requires the coroner to investigate deaths from accidents and injuries. In Orange County that’s the Sheriff’s Department Coroner Division.
  • Criminal case: if the other driver is charged, for example with DUI, the criminal case is separate from your family’s civil claim. A criminal case doesn’t pay your family’s losses, and your claim doesn’t depend on a conviction.
  • Insurance: insurers may call early. You don’t have to give a recorded statement or sign anything before you get advice.

We handle the investigation and the insurance companies: gathering the police and coroner’s reports, witness statements and video, working with experts when needed, and identifying every insurance policy that applies, so your family can focus on each other.

How Long Do You Have to File?

In California, a wrongful death claim generally must be filed within two years of the death (Code of Civil Procedure section 335.1). If a city, the county, the state or another public agency may be responsible, for example a government vehicle or a dangerous road, a written claim is usually due within six months. The exact deadline depends on the facts. See California personal injury deadlines.

No Win, No Fee

The consultation is free, and we handle wrongful death cases on a contingency fee: no attorney fees unless we recover compensation for your family. Your written fee agreement explains how fees and case costs work.

Huntington Beach Wrongful Death FAQ

Who should contact a lawyer: me or another family member?
Any eligible family member can call. Because family members usually bring one claim together, it helps to talk early about who will be involved.

Do we have to wait for the criminal case to finish?
No. The civil claim is separate. Evidence from the criminal case can help, but the two-year civil deadline keeps running.

Can parents bring a claim for the death of an adult child?
Sometimes. It depends on whether the child had a spouse or children, and in some cases whether the parents were financially dependent.

What if my loved one was partly at fault?
The claim can still go forward. California reduces the recovery by the person’s share of fault.

How do I get the police and coroner’s reports?
Family members can request them, but we usually handle it so you don’t have to.

Related Help

See our Huntington Beach personal injury page, or our Orange County wrongful death lawyer page if the accident happened elsewhere in the county.

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Contact Us for a Free Consultation

If you’ve lost a loved one in Huntington Beach, call (714) 752-4670 or send us a message for a free, confidential consultation. No attorney fees unless we recover compensation for your family.