Primary Location
Seal Beach Personal Injury Lawyers
207 Main St, Seal Beach, CA 90740
Phone: (213) 214-1592
Call us at (855) 855-8910
Call us at (855) 855-8910
A drunk driving death is not the same as other wrongful death claims. The legal process splits into two tracks. One is criminal. The other is civil. And they run at the same time.
On the criminal side, the district attorney may charge the driver with vehicular manslaughter or even DUI murder under California law. But your family's civil lawsuit is separate. You don't need a criminal conviction to win.
Here's what we tell clients right away: the civil case uses a lower standard of proof. Criminal cases require proof "beyond a reasonable doubt." Your wrongful death lawsuit only requires a "preponderance of the evidence," which means more likely than not.
That difference matters. It means families can recover compensation even when a criminal case falls apart or ends in a plea deal.
DUI wrongful death cases also open the door to something most accident claims don't: punitive damages. Because drunk driving shows a conscious disregard for human life, California law allows the court to punish the driver beyond standard compensation. A survival action filed alongside the wrongful death claim is typically the path to recover those damages under Civil Code 3294 [1].
BAC results, toxicology reports, and police investigation records give your attorney strong evidence. These cases often resolve for higher amounts because of the punitive damage exposure.
PCH runs straight through Seal Beach. Late at night, after bars and restaurants close along Main Street and the pier area, impaired drivers get on this highway and put everyone at risk.
Wrong-way driving on PCH or Seal Beach Blvd is a hallmark of severe impairment. When a driver is that far gone, the crashes tend to be head-on and fatal.
Some patterns in DUI fatality data around Seal Beach:
Seal Beach has the highest per-capita accident rate in Orange County. The city adopted a Safety Action Plan to address crash rates, but impaired driving remains a persistent problem on local roads.
Our Seal Beach office is at 207 Main St. If a DUI accident took someone in your family, call us at (855) 374-1714. Survivors of a DUI crash who suffer non-fatal injuries can work with our car accident attorneys in Seal Beach to pursue their own claim.
California law limits who can bring a wrongful death lawsuit. Not every grieving family member qualifies. Under CCP 377.60, these people have standing to file [2]:
If none of those people exist, the law opens up to others who depended on the person financially. That can include parents, stepchildren, or a putative spouse.
Only one wrongful death claim can be filed per death. All eligible family members must be included. Missing someone can cause problems later.
But here's something people don't always realize: you can also file a survival action on behalf of the person who died. This recovers damages for the pain and suffering they went through between the crash and their death. And that survival action is often where punitive damages come in.
Our attorneys help families in Seal Beach, Long Beach, Huntington Beach, Westminster, Garden Grove, and Cypress figure out who should be on the claim and what it should include.
Families who lose someone to a drunk driver can seek several types of damages. The total depends on the circumstances, but DUI cases tend to carry higher value because of the punitive damage component.
Punitive damages go beyond compensation. They punish the drunk driver for reckless choices and send a message. California courts can award substantial punitive damages in DUI cases because driving drunk demonstrates willful disregard for others. Our legal team secured a $41.6 million verdict in a wrongful death murder case. Every case is different, but punitive damages can significantly increase the total recovery.
Survival action damages recover what the victim endured, including the physical pain and suffering between the crash and death. This is a separate claim filed by the estate.
These two cases exist in different worlds, even though they involve the same crash and the same drunk driver.
| Criminal Case | Civil Lawsuit | |
|---|---|---|
| Who files | District attorney | Your family |
| Goal | Prison time, fines | Financial compensation |
| Burden of proof | Beyond reasonable doubt | Preponderance of evidence |
| Charges | Vehicular manslaughter (PC 191.5) or Watson murder | Wrongful death + survival action |
A guilty plea or conviction is powerful evidence in your civil case. But an acquittal does not stop your lawsuit. O.J. Simpson lost the civil case after winning the criminal one. The standards are that different.
Criminal discovery helps your civil case too. Police reports, BAC test results, dashcam footage, bodycam recordings, and witness statements can all transfer over.
Your family does not have to wait for the criminal case to finish. You can file the civil lawsuit before, during, or after criminal proceedings. In fact, waiting too long is risky. California gives you just two years from the date of death to file under CCP 335.1.
BAC results and toxicology reports are the foundation. If the driver blew over 0.08%, that alone establishes impairment. But our attorneys build the case beyond just a number.
Evidence that strengthens a DUI wrongful death claim:
There's also the question of who served the driver. California's dram shop laws are limited. Bars generally are not liable for serving alcohol to adults. But if the establishment served a visibly intoxicated minor, liability may exist.
Social host liability is even more narrow. But in cases involving minors, it's worth investigating.
Our legal team has recovered over $600 million for clients across all case types. We know how to gather and present evidence that holds drunk drivers accountable. In one wrongful death case involving a commercial truck, our attorneys secured a $3.15 million settlement for the family.
Our legal team won a $41.6 million verdict in a wrongful death murder case. This was one of the largest wrongful death verdicts the firm has secured.
Our attorneys obtained a $6 million settlement for a family after an auto accident caused a traumatic brain injury and wrongful death.
In a motorcycle wrongful death case, our team recovered a $5 million settlement for the family of a 24-year-old who was killed, leaving behind dependent family members.
Every case is different. Past results do not guarantee a similar outcome.
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
Yes. The civil case has a lower burden of proof than the criminal case. You need to show it was "more likely than not" that the drunk driver caused the death. A criminal acquittal does not block your civil claim.
Punitive damages punish especially reckless behavior. Driving drunk demonstrates conscious disregard for human life, which can support a punitive damage award under California Civil Code 3294. A survival action filed alongside the wrongful death claim is the typical path to recover these damages.
California's dram shop laws are limited. Bars generally are not liable for serving alcohol to adults who then cause crashes. But liability may exist if the bar served a visibly intoxicated minor. Your attorney can investigate whether third-party liability applies.
The statute of limitations is two years from the date of death under CCP 335.1. Don't wait. Evidence degrades, witnesses forget details, and missing the deadline means losing your right to file permanently.
Your attorney can identify all possible sources of recovery. That includes underinsured motorist coverage on your own policy, employer liability if the driver was on the job, and any other third parties whose negligence contributed to the crash.
Our Location
Primary Location
207 Main St, Seal Beach, CA 90740
Phone: (213) 214-1592