Wrongful Death in Irvine. California law, local courts, and the deadlines that apply here.

Wrongful Death in Irvine

Wrongful death claims are brought by surviving heirs under Code of Civil Procedure section 377.60. Heirs recover economic damages (lost financial support) and non-economic damages (loss of companionship) from the negligent party. A concurrent survival action belonging to the estate may also be filed.

California Law That Applies

California's pure comparative fault system under Civil Code section 1714 applies to wrongful death cases in Irvine. Recovery is reduced proportionally by the claimant's fault percentage but is never fully barred. The statute of limitations for personal injury claims is two years from the date of the accident under Code of Civil Procedure section 335.1.

Claims against the City of Irvine, OCTA, or Orange County require a government tort claim within six months of the incident under Government Code section 945.4. This shorter deadline runs concurrently with, and is separate from, the two-year personal injury SOL. Missing the six-month government tort claim deadline permanently bars claims against government entity defendants regardless of when the lawsuit is filed.

Courts and Procedures in Irvine

Wrongful Death personal injury claims from Irvine are filed in Orange County Superior Court — Harbor Justice Center at 4601 Jamboree Rd, Newport Beach, CA 92660. This courthouse handles unlimited civil cases from Irvine and Orange County. Personal injury cases in this court typically reach trial in 18–28 months from filing.

Key Deadlines for Wrongful Death Claims in Irvine

Two years from the accident date to file suit against a private party under CCP section 335.1. Six months from the incident to file a government tort claim against the City of Irvine, OCTA, or Orange County under Government Code section 945.4. Both deadlines run from the date of the accident, subject to the discovery rule and tolling exceptions.