WRONGFUL DEATH ATTORNEY

Wrongful Death Lawyer

No amount of money replaces a loved one. But accountability matters, and financial security for your family is not optional. Gallo Law fights for both.

Free Case Review → See Our Results

Millions

Recovered

100s

Cases Won

Years Experience

California Bar Member

No Fee Unless We Win

Free Consultation

Available 24/7

Compassionate Advocacy

Wrongful Death Attorney — How We Help

Wrongful death cases require a rare combination of legal skill and human compassion. The grief is real. The financial consequences are immediate. And the legal process can feel like an unbearable burden on top of everything your family is already enduring. Joseph Gallo handles wrongful death cases with the care they demand and the assertiveness they require. He fights for full compensation — not just economic losses, but the loss of love, companionship, guidance, and the future your family was counting on.

Wrongful death claims may be filed by surviving spouses, domestic partners, children, and financial dependents of the deceased. California law gives families two years from the date of death to file a wrongful death lawsuit — missing this deadline permanently bars the claim. Wrongful death cases in California allow families to recover economic damages including lost financial support and funeral expenses, and non-economic damages including loss of companionship, love, and emotional support.

A wrongful death claim cannot bring your loved one back. What it can do is hold the responsible party accountable and secure the financial future your family deserves.

Our Approach

How Gallo Law Handles Wrongful Death Cases

Sensitive Intake

We understand you are grieving. Joseph will listen, answer your questions, and explain the process without pressure or timelines.

Thorough Investigation

We move immediately to preserve evidence — traffic camera footage from major corridors, accident reconstruction data, driver records, and black box data — before the at-fault party's investigators can shape the narrative. We identify every liable party and every available insurance policy. Wrongful death cases frequently involve commercial carriers, uninsured drivers, and government entities responsible for dangerous road conditions. We pursue every source of compensation.

Full Damages Assessment

We calculate the full economic and non-economic value of your loss — including your loved one's lost lifetime income, the cost of lost care and guidance, and the non-economic damages California law allows for loss of companionship, love, and emotional support. We fight for the full amount — not the first offer.

Proven Results

Case Results

$1,689,000

Trucking Rear-End Collision

Rear end collision trucking accident in Los Angeles County with catastrophic back injury. Policy limits recovered.

$405,000

Hospital Negligence

San Jose hospital left our client's family member in the hallway for 3 days after he was pronounced dead. Mishandling of a corpse.

$300,000

Negligent Operations

Wrongful death case against a sober living home in Santa Ana, CA for negligent operations. Policy limit recovered.

Wrongful Death Lawyer — The Law & Where We Serve

Who Can File a Wrongful Death Claim

Wrongful death laws vary by state but share a common foundation — the right of surviving family members to pursue compensation when a loved one is killed by another party’s negligence. In most states, eligible claimants include surviving spouses or domestic partners, children of the deceased, and financial dependents. The specific rules governing who can file, what damages are recoverable, and how long families have to act vary by jurisdiction. Joseph Gallo will advise you on the specific laws that apply to your case during your free consultation.

What Damages Can a Wrongful Death Claim Recover

Wrongful death claims generally allow surviving family members to recover two categories of damages. Economic damages include the financial support the deceased would have provided over their lifetime, the value of household services they performed, funeral and burial expenses, and the reasonable value of gifts and benefits the family would have received. Non-economic damages include the loss of the deceased’s love, companionship, comfort, care, assistance, protection, affection, society, and moral support. The full value of these damages is pursued — not the first offer the insurance company makes.

The Statute of Limitations

Every state imposes a deadline — called a statute of limitations — on wrongful death claims. Missing this deadline permanently bars the claim regardless of how strong the case is. In some cases involving government entities the deadline can be significantly shorter than the standard filing period. Contact Gallo Law immediately after losing a loved one — the clock starts at the date of death and waiting costs you options.

Types of Wrongful Death Cases We Handle

Car Accident Wrongful Death

Fatal car accidents are the most common cause of wrongful death claims. When a negligent driver causes a death — whether through distracted driving, speeding, running a red light, or impaired driving — surviving family members have the right to pursue a wrongful death claim against the at-fault driver and their insurer. Gallo Law handles fatal car accident wrongful death cases.

Truck Accident Wrongful Death

Fatal truck accidents involve a separate and more complex layer of liability — the driver, the carrier, the freight broker, and potentially the vehicle manufacturer can all share responsibility. Federal regulations govern commercial trucking and violations of those regulations are powerful evidence of negligence. Gallo Law moves immediately to preserve black box data and driver records in fatal truck accident cases before the trucking company’s investigators can control the narrative.

Motorcycle Accident Wrongful Death

Motorcyclists killed by negligent drivers leave families entitled to the full scope of wrongful death damages available. Gallo Law represents families of motorcycle accident victims and knows exactly how to counter the bias these cases face.

Pedestrian Accident Wrongful Death

When a pedestrian is killed by a negligent driver, surviving family members have a wrongful death claim against the at-fault driver regardless of where the pedestrian was walking. Gallo Law handles pedestrian wrongful death cases — including cases involving hit-and-run drivers and uninsured motorists.

DUI and Alcohol-Related Wrongful Death

When a drunk driver kills someone, surviving family members may be entitled to pursue punitive damages in addition to standard wrongful death damages. Courts can award punitive damages when a defendant acted with reckless disregard for others — which drunk driving clearly satisfies. These cases carry significant financial consequences for the at-fault driver beyond their insurance policy limits.

Workplace Accident Wrongful Death

When a workplace accident results in death, surviving family members may have rights beyond workers’ compensation — including a wrongful death claim against negligent third parties such as equipment manufacturers, contractors, or property owners. Gallo Law evaluates every workplace fatality for third-party liability that goes beyond what workers’ compensation covers.

Wrongful Death Lawyer — Where We Serve

Gallo Law represents wrongful death clients throughout Southern California from our Costa Mesa office. Every case is handled directly by attorney Joseph Gallo — no handoffs, no case managers.

Orange County Wrongful Death Lawyer

Orange County sees thousands of serious and fatal crashes annually across its freeway corridors, coastal highways, and surface streets. Gallo Law represents wrongful death clients throughout Orange County — from Santa Ana and Anaheim in the north to Irvine, Huntington Beach, and Newport Beach along the coast.

Wrongful Death FAQs

What is wrongful death?

Wrongful death occurs when a person is killed as a result of another party's negligence, recklessness, or intentional misconduct. When a driver runs a red light and kills a pedestrian, when a trucking company allows a fatigued driver to operate an 18-wheeler, or when a drunk driver causes a fatal crash — these are wrongful deaths. The surviving family members of the deceased have the legal right to pursue a wrongful death claim against the party responsible for their loved one's death.

How can a wrongful death lawyer help?

A wrongful death lawyer investigates the circumstances of your loved one's death, preserves critical evidence, identifies every liable party, calculates the full economic and non-economic value of your loss, negotiates with insurance companies, and — when a fair settlement cannot be reached — litigates your case in court. Joseph Gallo handles every wrongful death case personally from the first call through resolution. You speak directly with your attorney — not a paralegal, not a case manager — at every stage of the process.

How much do wrongful death lawyers charge?

At Gallo Law there is no money out of pocket to hire us. We work on a contingency fee basis — meaning we only get paid if we recover compensation for your family. If we don't win, you owe us nothing. You get an experienced wrongful death attorney working on your case without ever having to worry about a bill. The question is never whether your family can afford a wrongful death lawyer — it is whether your family can afford to face an insurance company alone.

Can I send someone to jail after a wrongful death?

A wrongful death lawsuit is a civil case — not a criminal prosecution. Civil cases result in financial compensation, not incarceration. However, a wrongful death claim can be filed simultaneously with or independently of any criminal proceedings. If the at-fault party is also facing criminal charges — as in a DUI fatality — both cases can proceed at the same time. The criminal case is handled by the state. The wrongful death case is handled by your family's attorney and is entirely separate.

What are the most common causes of wrongful death?

The most common causes of wrongful death claims include car accidents, truck accidents, motorcycle accidents, pedestrian accidents, bicycle accidents, DUI and alcohol-related crashes, workplace accidents, defective products, and medical malpractice. In each of these scenarios, the death results from another party's failure to exercise reasonable care — whether that is a distracted driver, a negligent employer, a defective vehicle manufacturer, or a medical professional who deviated from the standard of care.

How do you prove a wrongful death?

Proving a wrongful death claim requires establishing four elements — that the defendant owed the deceased a duty of care, that the defendant breached that duty through negligence or misconduct, that the breach directly caused the death, and that the surviving family members suffered measurable damages as a result. Evidence used to prove these elements includes accident reconstruction reports, surveillance and traffic camera footage, witness testimony, expert opinions, medical records, driver records, and electronic data from vehicles. Gallo Law investigates every wrongful death case immediately to preserve this evidence before it disappears.

What can you recover from a wrongful death lawsuit?

Wrongful death claims allow surviving family members to recover economic damages — including the financial support the deceased would have provided over their lifetime, funeral and burial expenses, and the value of household services they performed — and non-economic damages including the loss of the deceased's love, companionship, comfort, care, affection, and moral support. In cases involving egregious misconduct such as drunk driving, punitive damages may also be available. The full scope of recoverable damages is pursued — not the first offer the insurance company makes.

How soon must a wrongful death claim be filed?

Every state imposes a strict deadline — called a statute of limitations — on wrongful death claims. Missing this deadline permanently bars the claim regardless of how strong the case is. In some states the standard deadline is two years from the date of death. In cases involving government entities the deadline can be significantly shorter — sometimes as little as six months. Do not wait. Contact Gallo Law immediately after losing a loved one so your family's legal rights are protected from the start.

How long does a wrongful death case take?

Wrongful death cases vary significantly in duration depending on the complexity of the case, the number of liable parties, the clarity of liability, and whether the case settles or goes to trial. Straightforward cases with clear liability may resolve in several months. Complex cases involving multiple defendants, disputed liability, or litigation can take one to three years or longer. Joseph Gallo gives every family an honest timeline based on the specific circumstances of their case — and keeps families informed at every step so they are never left wondering where things stand.

Who can file a wrongful death lawsuit?

Wrongful death laws vary by state but generally allow surviving spouses or domestic partners, children of the deceased, and financial dependents to file a wrongful death claim. In some states parents of an unmarried deceased child may also have standing to file. The specific rules governing who may file and in what priority depend on the law of the state where the death occurred. Joseph Gallo will advise your family on exactly who has the legal right to bring a wrongful death claim during your free consultation.

What is the difference between a wrongful death claim and a survival action?

A wrongful death claim compensates the surviving family members for their own losses — the financial support, companionship, and emotional support they lost when their loved one died. A survival action, by contrast, compensates the deceased's estate for the losses the deceased personally suffered before death — including pain and suffering, medical expenses, and lost earnings between the time of injury and death. In many cases both a wrongful death claim and a survival action can be filed simultaneously, maximizing the total compensation available to the family and the estate.

How much is a wrongful death case worth?

The value of a wrongful death case depends on two primary factors — the closeness of the relationship between the surviving claimants and the deceased, and the economic damages resulting from the death. Economic damages include past and future medical bills, funeral and burial costs, the deceased's projected future income over their working lifetime, the value of family medical benefits they provided, retirement savings, and pension benefits the family will no longer receive. Non-economic damages account for the loss of love, companionship, and emotional support. Cases involving younger victims with significant earning potential and close family relationships carry the highest values. Joseph Gallo evaluates every wrongful death case individually and provides an honest assessment of its value during your free consultation.

What are punitive damages?

Punitive damages are a separate category of damages awarded by a court not to compensate the family for their losses but to punish the defendant for particularly egregious, reckless, or intentional misconduct. They are designed to send a message — to the defendant and to the public — that certain conduct will not be tolerated. Punitive damages are not available in every wrongful death case. They require a showing that the defendant's conduct went beyond ordinary negligence into the realm of conscious disregard for human life.

Can you get punitive damages in a wrongful death lawsuit?

Yes — in cases where the defendant's conduct was especially reckless or egregious. Drunk driving fatalities are one of the most common scenarios where punitive damages are pursued in wrongful death cases. When a drunk driver kills someone, the family may be entitled to punitive damages in addition to standard wrongful death compensation — because driving under the influence represents a conscious disregard for the safety of others. Gallo Law evaluates every wrongful death case for punitive damage potential and pursues them aggressively when the facts support it.

Does insurance cover wrongful death cases?

In most wrongful death cases, the at-fault party's liability insurance is the primary source of compensation. Auto insurance policies, commercial trucking insurance, homeowner's policies, and employer liability coverage can all be sources of recovery depending on the circumstances of the death. However, insurance policies have limits — and in high-value wrongful death cases those limits may not cover the full extent of your family's damages. When insurance is insufficient, Gallo Law pursues every additional source of compensation available, including the personal assets of the at-fault party and any other liable defendants.

Past results do not guarantee future outcomes. Every case is different and must be judged on its own merits. The results listed above are not a guarantee or prediction of the outcome of any future case. Some results noted on this site are from attorney Joseph Gallo’s career and include results when employed at other law firms and when associating in other law firms. They are not solely the results of Gallo Law, APC but are the results of cases worked on by Joseph Gallo as an attorney.