Central Coast Wrongful Death Attorney

Wrongful Death Lawyer on the Central Coast

In Your Darkest Times, We Fight for What’s Right.

Losing a loved one is devastating. It’s even more painful when that loss could have been avoided—when someone else’s negligence, recklessness, or wrongful actions caused their death. If you’re navigating this unimaginable situation, first and foremost, I’m so sorry for your loss. I know that no amount of money or legal action can fill the void left by the death of a loved one. But I also know that holding the responsible parties accountable can help bring some sense of justice and closure to your family.

That’s where I come in. I’m John McCarthy, a wrongful death attorney here on the Central Coast, serving Santa Cruz, Hollister, Monterey, San Luis Obispo, Santa Barbara and beyond. I’m here to help families like yours who have been wronged by others’ actions. My goal is to stand by your side through this difficult time, provide compassionate legal advice and counsel, and fight hard to make sure the responsible parties are held accountable. If you’re looking for a Central Coast lawyer focusing on wrongful death cases, you’re in the right place.

Let’s walk through what wrongful death claims are, how they work, and how I can help your family move forward.

What Is a Wrongful Death Claim?

A wrongful death claim is a civil lawsuit filed by the surviving family members of someone who has died due to another person’s negligence or intentional actions. It’s important to understand that a wrongful death claim isn’t a criminal case—it’s not about putting someone in jail or dealing with criminal charges. Instead, it’s a way for surviving family members to recover damages for the loss of their loved one, including medical expenses, lost income, loss of financial support, funeral costs, and compensation for the emotional pain and suffering caused by their death. It’s about accountability.

In California, wrongful death claims can arise from a variety of situations, like:

If your loved one died as a result of any of these situations, you might have grounds for a wrongful death claim.

Who Can File a Wrongful Death Lawsuit in California?

Not everyone can file a wrongful death claim. In California, only certain people are allowed to bring a wrongful death lawsuit under California Code of Civil Procedure Section 377.60 (CCP 377.60), and they include:

  • The spouse or domestic partner of the deceased

  • The children of the deceased

  • If there is no spouse, partner, or children, other individuals who were financially dependent on the deceased, such as stepchildren or parents

The purpose of the claim is to compensate those who were most impacted by the loss of their loved one. The law recognizes that losing a family member often leads to financial hardship and emotional suffering, and a wrongful death lawsuit is a way to seek compensation for those losses.

The Difference Between Wrongful Death and Survival Actions

You may have heard of “survival actions” and wondered if they are the same as wrongful death claims. They are related but not identical. While wrongful death claims are focused on the losses suffered by the family after their loved one has passed away, survival actions are about the losses the deceased suffered before their death.

For example, let’s say your loved one was injured in a personal injury accident and survived for a few days in the hospital before passing away. A survival action would allow the family to seek compensation for the pain and suffering their loved one endured before they died, as well as the medical expenses and lost wages from that period. Survival actions are often filed alongside wrongful death claims to make sure all avenues of compensation are explored.

What Compensation Can You Recover in a Wrongful Death Case?

The financial toll of losing a loved one is often overwhelming. On top of the emotional trauma, families are suddenly facing unexpected medical bills, funeral costs, and the loss of income that their loved one provided. California law recognizes this and allows families to seek several different types of damages in a wrongful death claim, including:

  1. Economic Damages: These cover the financial impact of your loved one’s death, such as:

    • Medical bills incurred before your loved one passed away

    • Funeral and burial costs

    • Lost income or financial support that your loved one would have provided if they were still alive

  2. Non-Economic Damages: These are meant to compensate for the emotional and personal losses your family has experienced, such as:

    • The loss of companionship and love from your spouse, parent, or child

    • The emotional pain and suffering caused by your loved one’s death

    • The loss of the guidance and support your loved one provided to their family

California does not cap non-economic damages in wrongful death cases, so there is no limit on what you may be awarded for the emotional suffering you’ve endured. The amount will depend on the specifics of your case, including the circumstances of your loved one’s death and the impact it has had on your family.

In California, punitive damages are not typically awarded in wrongful death cases. However, there’s an important exception to this rule that could apply in certain situations, and it’s something you should know about, especially if you’re dealing with the tragic loss of a loved one.

Punitive damages are designed to punish the person or entity responsible for the wrongful death, rather than just compensate the surviving family for their loss. These damages are meant to send a strong message that reckless, malicious, or particularly egregious behavior won’t be tolerated.

Now, here’s where it gets tricky: In a standard wrongful death claim, California law does not allow for punitive damages. The focus is typically on compensating the family for their financial and emotional losses, like funeral costs, lost income, and the pain of losing their loved one.

But there’s an exception.

If the wrongful death is tied to a situation where the person responsible acted with extreme recklessness, fraud, malice, or even intentional harm, punitive damages might come into play. This is more common in cases involving criminal behavior—like drunk driving or extreme negligence—or if the case is filed as a survival action (a separate claim where you can pursue damages for the pain and suffering your loved one endured before passing).

For example, if your loved one’s death was caused by someone driving under the influence, or by a company that knowingly allowed unsafe practices, we could argue that the responsible party should face punitive damages. This isn’t just about holding them accountable—it’s about preventing others from suffering a similar fate.

How to Prove Negligence in a Wrongful Death Claim

To succeed in a wrongful death lawsuit, we need to prove that another person or entity was responsible for your loved one’s death. This usually involves proving that the person or party acted negligently or recklessly, and that their actions directly led to your loved one’s death.

Here’s what we need to show to prove negligence and establish liability:

  1. Duty of Care: First, we need to show that the person responsible had a duty of care to your loved one. For example, drivers have a duty to operate their vehicles safely, doctors have a duty to provide proper medical care, and manufacturers have a duty to ensure their products are safe to use.

  2. Breach of Duty: Next, we need to prove that the responsible party breached that duty of care. This could be a driver speeding or running a red light, a doctor making a critical mistake during surgery, or a company selling a defective product that causes harm.

  3. Causation: After proving that the duty was breached, we must show that this breach directly caused your loved one’s death. This means linking the negligent or reckless actions to the accident or incident that led to their death.

  4. Damages: Finally, we need to prove that your family has suffered actual damages—both financial and emotional—as a result of your loved one’s death. This includes the medical bills, funeral costs, lost income, and the emotional suffering your family has endured.

Why You Need a Central Coast Wrongful Death Attorney

Wrongful death cases can be legally complex and emotionally draining. Dealing with insurance companies, legal paperwork, and proving negligence can feel overwhelming, especially when you’re in the middle of grieving. That’s why having a wrongful death lawyer by your side is so important.

Here’s how I can help:

  • Handling the Legal Work: I’ll handle all the paperwork, communication with insurance companies, and legal filings so that you can focus on healing.

  • Investigating the Case: I’ll work to gather all the necessary evidence to prove negligence through a thorough investigation. This might include reviewing medical records, accident reports, eyewitness testimony, and consulting with experts to build a strong case.

  • Fighting for Your Family: Insurance companies will try to offer you a low settlement, hoping you’ll accept it quickly. I’ll make sure you don’t settle for less than what your family truly deserves. I’ll negotiate with the insurance companies and, if necessary, take the case to trial to get the compensation you’re entitled to.

How Long Do You Have to File a Wrongful Death Claim in California?

It’s important to act quickly if you believe you have a wrongful death case. In California, the statute of limitations for wrongful death claims is generally two years from the date of your loved one’s death. That might sound like a long time, but when you’re dealing with grief and trying to sort through legal issues, time can fly by.

Plus, California’s Government Tort Claims Act, acts like a statute of limitations, and requires filing Government Tort Claims within as little as six months of the date of the accident if you believe a government entity might be partially at-fault.

Once the statute of limitations passes, you could lose your right to seek compensation, no matter how strong your case is. That’s why it’s crucial to speak with a wrongful death attorney as soon as possible to get the process started.

Let’s Work Together to Find Justice

I know that no lawsuit can bring your loved one back or fully heal the pain you’re feeling. But pursuing a wrongful death claim can bring some sense of justice and financial relief for your family, allowing you to move forward. It’s not just about the money—it’s about holding the responsible parties accountable and making sure they don’t harm anyone else in the future.

I’ve spent my career fighting for people just like you—families who have suffered unimaginable losses due to someone else’s carelessness. I’m not just another lawyer in a suit. I’m down-to-earth, and I genuinely care about the people I represent. I’ll be with you every step of the way, making sure your voice is heard and your loved one’s memory is honored.

If you’re ready to take the next step or even just talk about your options, I’m here for you. Give me a call, and let’s talk about how I can help your family find justice on the Central Coast. You don’t have to go through this alone.

Why Choose Me?

I know there are other lawyers out there, and you’re probably wondering why you should choose me to represent your family. Here’s why:

  • Local Expertise: There are plenty of LA and SF attorneys who claim they’re “central coast lawyers”. If you’re searching for an “attorney for wrongful death near me”, I’m one of the few who is actually near you. I was born and raised on the Central Coast and live here today with my family. I understand the unique challenges that come with living and working in this community, and I have a deep connection to the people here because it’s my home.

  • Personal Commitment: When you hire me, you get me. I’m not going to hand your case off to someone else. You’ll have direct access to me, and I’ll be the one fighting for your family every step of the way.

  • Proven Results: While I’m locally grown, I’m nationally known. I’ve helped recover millions of dollars for my clients, and I have a track record of getting results for families who’ve lost loved ones. I’ll put that same dedication and experience to work for you.

  • Compassionate Approach: I understand how difficult this time is for you. I approach every case with compassion and care, making sure you feel supported throughout the process. You’re not just a case to me—you’re a person who’s been through a terrible loss, and I’m here to help you get the justice you deserve.

  • Fierce Advocate: I hate seeing big companies and negligent parties get away with hurting people. I’m not afraid to take on powerful entities and fight for what’s right. Whether through negotiation or trial, I’ll stand up for you and your family with everything I’ve got.

Let’s Talk About Your Case

If you’re looking for a wrongful death lawyer on the Central Coast, I’m ready to help. Whether you just want to discuss your options or you’re ready to move forward with a claim, I’m here to listen and provide the guidance you need.

There’s no obligation to meet with me and no fee unless we win your case. I offer free consultations and contingency fees, so you can talk through your situation and get the answers you need without worrying about upfront costs.

You’ve been through enough already—let me take on the legal burden and fight for the justice your loved one deserves. Together, we can hold the responsible parties accountable and ensure your family gets the compensation and closure it deserves.

Get Your Free Case Evaluation below, and we’ll get you scheduled for a free consultation. I’m here for you when you’re ready to take the next step.