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Orange County Wrongful Death Attorney


According to Orange County attorney Tawny Mazarei of Mazarei Law, a cause of action for wrongful death arises if the death of a person is caused by the wrongful act or neglect of another. A wrongful act means a tortious act, including theories of recovery based on negligence, intentional wrongful conduct, and strict products liability.

A cause of action for the death of a person caused by the wrongful act or neglect of another may be asserted by the following persons, or by the decedent’s personal representative on their behalf:

  • The decedent’s surviving spouse, children, and issue of deceased children. If there are no surviving decedents, any person who may be entitled to the property of the decedent by intestate succession.
  • The putative spouse, children of the putative spouse, stepchildren, or parents, if dependent on the decedent.
  • A minor, if at the time of the decedent’s death, the minor resided for the previous 180 days in the decedent’s household and was dependent on the decedent for one-half or more of the minor’s support.

What type of damages can be asserted?

Damages in a wrongful death may include such items as funeral and burial expenses, and pecuniary loss resulting from loss of society, comfort, attention, services, and support of decedent’s spouse.

Is there a time limit to file a lawsuit for wrongful death?

Yes, the statue limitations period for death caused by the wrongful act or neglect of another is two years.  For example the death occurred in January 1, 2013, you have until January 1, 2015 to file a lawsuit for wrongful death.

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