Primary Location
Seal Beach Personal Injury Lawyers
207 Main St, Seal Beach, CA 90740
Phone: (213) 214-1592
Call us at (855) 855-8910
Table of Contents
ToggleNot everyone can bring a wrongful death lawsuit. California is strict about this. Code of Civil Procedure Section 377.60 spells out exactly who qualifies.
The short version? A surviving spouse or domestic partner gets first priority. Kids can file too, whether they're biological, adopted, or stepchildren.
No surviving spouse or child? Parents, siblings, and grandchildren sometimes qualify under California's intestate succession rules. And people who depended on the deceased financially can also step forward. We're talking putative spouses, stepchildren, legal guardians.
Here is the part that surprises most families. California requires all eligible claimants to join one single lawsuit. You cannot file separate claims. Miss a claimant, and you could leave money on the table.
Here in Seal Beach, we see a pattern. A lot of surviving spouses are also seniors. Nearly 43% of residents are 65 or older, so standing questions get tricky when the surviving spouse lives on limited income or relies on adult children.
That is why the first thing we do at our 207 Main St office is map out your entire family structure. We identify every person who qualifies. Every single one. Because a wrongful death claim only gets filed once.
Not sure if you qualify? Call us at (855) 374-1714 and we will walk you through it in a free consultation.
People move to Seal Beach for the quiet. And it is quiet, right up until you look at the crash data.
Orange County counted 223 traffic deaths in 2023. Some of the worst intersections in the county? Right here in town.
PCH and 2nd Street had a nine-vehicle pileup in 2023. Seven people went to the hospital, five in critical condition. Locals have complained about this intersection for years. Nothing changes.
Seal Beach Blvd and Westminster Ave keeps producing fatal crashes. Right now, an active construction zone for the pump station replacement project has made things worse.
Seal Beach Blvd and Fairview Rd shows up in local safety data as a high-fatality location.
The 405 at Seal Beach Blvd. Fast traffic, heavy volume. Collisions happen there constantly.
And then there's the truck problem nobody talks about. When the Naval Weapons Station switched to truck transport in 2010, it dumped 230-plus trucks and trailers onto streets built for passenger cars. Every single day. When one of those trucks hits a sedan, families face a wrongful death claim with complicated liability layers. Our car accident lawyers serving Seal Beach handle these multi-party disputes.
On top of all that, nearly half of Seal Beach residents are over 65. Federal crash data confirms what we already know from experience: older pedestrians face much higher fatality rates when a vehicle strikes them. Seal Beach Blvd carries fast traffic right past neighborhoods with heavy foot traffic. That's a dangerous combination.
Car crashes don't account for everything, either. Medical errors kill people, and families can pursue wrongful death from medical malpractice claims in Seal Beach. Fatal workplace accident claims near Seal Beach are another common category, especially on construction sites. And drunk driving fatalities on PCH are tragically frequent. We pursue DUI wrongful death lawsuits in Seal Beach that hold intoxicated drivers fully accountable.
Lost a family member on one of these roads? Or in a hospital, on a job site, anywhere someone else was at fault? A wrongful death attorney can dig into what happened and determine who bears responsibility.
Almost every family we sit down with gets confused by this. And honestly, it makes sense. But the difference between these two claims can mean tens of thousands of dollars.
A wrongful death claim compensates you, the surviving family, for your losses. Lost income you depended on. Lost companionship. Lost guidance for your children. These are your damages, not the deceased person's.
A survival action is different. It compensates the deceased person's estate for what they suffered before they died. Pain. Fear. Medical expenses between the injury and death.
Why does this distinction matter? Two big reasons.
First, California allows punitive damages in survival actions. Punitive damages punish the defendant for extreme misconduct. They are not available in wrongful death claims. If the person who killed your loved one acted with malice or reckless disregard, a survival action is how you hold them accountable beyond just compensation.
Second, different family members may benefit from each claim. The wrongful death claim belongs to surviving family. The survival action belongs to the estate. Both can be filed together in the same lawsuit.
Filing at the Orange County Superior Court requires knowing which claims apply and how to structure them. Get this wrong and you could lose the punitive damage angle entirely.
Our attorneys evaluate every wrongful death case for both claims. We do not leave money on the table. For more on how the legal process works from start to finish, visit our Wrongful Death Lawyer Seal Beach page.
After a wrongful death, the financial impact hits your family fast. Funeral bills show up within days. Medical bills from before the death keep arriving. And the paycheck your family counted on? Gone.
California law lets your family recover for all of that. Here's what you can claim:
One thing worth knowing: California puts no cap on wrongful death damages. The only exception? Medical malpractice, where noneconomic damages are limited under MICRA.
And remember the survival action we talked about above? If the death involved malice or extreme recklessness, punitive damages come into play through that separate claim.
Here's something else families don't always realize. Each person's damages get calculated individually, even though everyone files together. What a spouse lost is different from what a child lost. Our team builds each family member's case on its own to push total recovery as high as it should go.
Wrongful death murder case. Jury verdict obtained in 2019.
Confidential wrongful death case. A drunk driver killed a young worker at a road closure.
Auto accident resulting in traumatic brain injury and wrongful death.
Wrongful death motorcycle accident. A 24-year-old was killed, leaving behind dependent family members.
Wrongful death bicycle accident involving a two-vehicle strike.
Wrongful death from a commercial truck collision on the freeway.
A day laborer fell to their death while trimming a palm tree. Premises and labor code liability case settled in three months.
Wrongful death. Client was run over by a tractor-trailer in a parking lot.
Wrongful death products liability victory.
Every case is different. Past results do not guarantee a similar outcome in your case. These results represent actual cases handled by The Simon Law Group.
Two years. That's your window under CCP 335.1. Two years from the date of death to file a wrongful death lawsuit. The court won't care about your reasons if you miss it.
But here's the part most families don't know. If a government entity caused the death, your deadline shrinks to six months. City bus accident? Road design failure? County negligence? You've got half a year to file an administrative claim, and that clock started running the day your loved one died.
Even if you're well inside the two-year window, waiting costs you. And we see this all the time.
Businesses erase surveillance footage after 30 to 90 days. Witnesses relocate or their memories fade. Road crews repair crash scenes. Physical evidence just disappears.
We fight that by acting fast. Spoliation letters go out to businesses and government agencies demanding they hold onto footage and records. Our investigators lock down witness statements while people still remember what they saw.
So how long does a wrongful death case actually take from start to finish? Clean liability cases can wrap up in six to twelve months. Messy ones with multiple defendants or government claims? Those drag past two years sometimes.
Bottom line: the sooner you call, the stronger your case gets. Every week you wait helps the other side.
We are a family-run law firm. That is not marketing language. Robert Simon built this firm with trial lawyers who treat every client's family like their own.
Our Seal Beach office sits at 207 Main St. We are one of only two law firms with a physical office in this city. When you walk in, you are not a file number. You are a neighbor.
Here is what we bring to your wrongful death case:
Families across the Seal Beach area trust our team. That includes Long Beach, Huntington Beach, Westminster, Garden Grove, Cypress, Los Alamitos, and Rossmoor.
Your family deserves real answers, not a runaround. Call (855) 374-1714 or walk into our office for a free consultation. We pick up the phone 24/7.
Sources:
[1] California Code of Civil Procedure Section 377.60 - California Legislative Information
[2] California Code of Civil Procedure Section 335.1 - California Legislative Information
[3] National Highway Traffic Safety Administration (NHTSA) - Traffic fatality data
[4] Orange County Superior Court - Filing information
[5] California Courts Self-Help Guide - Civil lawsuit resources
Our attorneys have handled personal injury cases across California and Arizona. We know how Seal Beach insurance companies operate, and we know how to push back.
That number reflects real results for real families — medical bills paid, lost wages recovered, and futures protected.
You pay nothing upfront. Our fee comes out of your settlement or verdict. If we do not win your case, you owe us nothing.
Accidents do not follow business hours. Neither do we. Call (602) 905-7766 any time — nights, weekends, and holidays.
Our Seal Beach team works out of 207 Main St. We know the roads, the courts, and the insurance adjusters you are up against.
“After a crash, you need a team that answers the phone, explains your options, and fights for every dollar you are owed. That is what we do at The Simon Law Group.”
Over 250 years of combined attorney experience
Seal Beach office at 207 Main St | Licensed in California and Arizona
CCP 377.60 lays it out. Surviving spouse, domestic partner, or children of the deceased get first priority. When no spouse or children survive, parents, siblings, or people who depended on the deceased financially may qualify. Everyone files together in one lawsuit. We review your family's situation in a free consultation to confirm who has standing.
They're two separate legal paths. A wrongful death claim pays surviving family members for what they lost: income, companionship, funeral costs. A survival action pays the deceased person's estate for what they went through before dying, like pain and medical bills. Big difference: California only allows punitive damages in survival actions. You can file both at the same time.
CCP 335.1 gives you two years from the date of death. But if a government entity is responsible, you only get six months to file an administrative claim. Don't wait. Evidence disappears fast. Cameras overwrite footage, witnesses forget details, and crash scenes get cleaned up.
Funeral costs, lost future income, loss of companionship and guidance, medical bills from before the death, and loss of household services like cooking and childcare. California doesn't cap wrongful death damages in most cases. The one exception is medical malpractice, where MICRA limits noneconomic damages.
Absolutely. Your wrongful death lawsuit is a civil matter that runs on a completely separate track from criminal prosecution. And the bar is lower: you prove your case by a preponderance of the evidence, not "beyond a reasonable doubt." You don't have to sit around waiting for the criminal case to wrap up before you file.
No. California says all eligible beneficiaries must be part of one lawsuit, but they don't all have to want to file. If some family members disagree, the court moves forward anyway. We help coordinate between claimants so nobody gets left out and everyone's interests stay protected.
Our Location
Primary Location
207 Main St, Seal Beach, CA 90740
Phone: (213) 214-1592
Other Locations
Phoenix, AZ
Austin, TX
Torrance, CA
Santa Ana, CA
Areas We Serve
From our main office in Torrance, The Simon Law Group serves injured clients throughout California, Arizona, and Texas. We have offices located in Santa Ana and Seal Beach to better serve clients in Orange County and Los Angeles County, and offices in Phoenix, AZ, and Austin, TX.
About Our Firm
The Simon Law Group was founded 15 years ago by twin brothers and attorneys Robert and Brad Simon to protect the rights of accident victims in California. In the fifteen years since our firm was established, our attorneys have recovered $600+ Million in settlements and verdicts for our clients. Recognized by many major legal organizations, we get results, and we’d be proud to fight for you after your accident or injury.
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