Home » Doctor Sexual Assault and Medical Malpractice Claims

Orange County Wrongful Death Lawyer

When someone you love is taken because of another’s poor decision, the grief comes with a thousand questions. Who allowed this to happen? What responsibilities were ignored? What recourse does your family have now?

We understand that no legal outcome can replace the person you lost. But we can help ease the financial strain, press for the answers you haven’t been given, and make sure your loved one’s story is heard. At Hodes Milman, we represent families across Orange County after a fatal crash, medical error, workplace incident, or other avoidable tragedy. 

With over 30 years of experience, we know what it takes to pursue accountability and how much it matters to the people left behind. Call (949) 776-4297 or contact us online to schedule a free, no-obligation consultation with an Orange County wrongful death lawyer.

Families often share how much it means to feel supported by a legal team that genuinely listens—who understands that this is personal, not just legal. One client said, “I have never seen a more passionate, dedicated man at work than Mr. Hodes. He and his staff took care of us emotionally, as well.” —Suzi K.

To hear more about how we support families through the hardest moments of their lives, watch this brief video:

What Are Common Reasons for Wrongful Death Claims?

Wrongful death occurs when a person’s life is cut short because someone else failed to act responsibly. These mistakes take someone’s parent, spouse, or child before their time.

Hodes Milman works with families in Orange County after a loved one has passed due to:

• Fatal crashes involving cars, motorcycles, commercial trucks, or pedestrians;
• Medical malpractice, including misdiagnosis, surgical errors, or lack of timely care;
• Birth injuries, such as infant brain damage, caused by poor decisions during labor or delivery;
• Pharmacy mistakes, like dispensing the wrong medication or dosage;
• Unsafe job sites, especially in construction or warehouse settings;
• Elder neglect, including denied medication or missed care in nursing homes;
• Defective products, such as unsafe devices or mislabeled drugs; and
• Dangerous property conditions, including fatal slip and fall accidents at apartment buildings or businesses.

Each of these losses leaves families searching for answers. An Orange County wrongful death attorney helps establish accountability and works to ensure the full impact on your family is recognized.

Who Can File a Wrongful Death Claim in California?

When someone passes away due to negligence, California law gives certain family members the right to bring a wrongful death claim. This is the legal system’s way of recognizing that the loss doesn’t end with one person—it leaves a hole in a family’s financial and emotional foundation.

Those who typically have the first right to file include:

• A surviving spouse or domestic partner,
• Children, or
• Grandchildren, if their parent (the deceased’s child) is no longer living.

If none of these relatives are available, others may still qualify to file a claim, such as:

• Parents,
• Siblings,
• Stepchildren or long-term partners who relied on the deceased for financial support, or
• Minors living in the household who were dependent on the deceased.

California does not recognize common-law marriage, so if you were in a long-term relationship but weren’t legally registered, your eligibility may depend on financial reliance or other factors. An Orange County wrongful death lawyer can walk you through how the law applies to your situation and help you understand your options.

Most families have two years from the date of death to file a wrongful death claim, but that deadline can be shorter depending on the circumstances. It’s worth having the conversation early—even if you’re still gathering your bearings.

Families often ask whether pursuing a claim will make a difference. A nationwide Martindale-Nolo survey found that families who hired a wrongful death attorney recovered nearly three times as much compensation, on average, compared to those who handled the case alone.

Call (949) 776-4297 or contact us online to speak with an Orange County wrongful death attorney who understands what this loss has taken—and knows how to help.

What Compensation Can Be Pursued in an Orange County Wrongful Death Claim?

After a wrongful death, families are often left with not only grief but urgent financial concerns. Medical expenses, funeral costs, and the loss of income or support can make an already devastating time even harder to get through.

Surviving family members can pursue compensation for what the loss has taken from them—both financially and emotionally. This may include:

• Medical expenses related to the final injury or illness;
• Funeral and burial costs;
• Income the person would have earned;
• Loss of support for children or dependents;
• The value of household contributions; and
• Loss of companionship, guidance, or care.

California typically does not allow punitive damages in wrongful death claims. However, they may be available through a separate “survivor action” filed on behalf of your loved one’s estate—particularly if the person survived for a period of time before passing. These cases require careful review, and a wrongful death attorney in Orange County can help determine what compensation may be available and how to pursue it.

How We’ve Helped Families After a Wrongful Death

When a family member is taken because of someone else’s poor judgment, there’s more at stake than medical bills or lost income. Families want answers. They want to know this won’t be brushed aside—and that someone will take responsibility.

For decades, Hodes Milman has stood beside grieving families throughout Orange County when they’ve reached this point. A successful claim can bring financial relief but also affirm what your loved one meant, what was taken, and why it can’t be ignored.

These recent case results show how we’ve helped families take action after a loved one’s wrongful death—and begin to move forward:

Elder Neglect in a Nursing Facility

A 94-year-old woman with diabetes and limited mobility passed away after a skilled nursing facility failed to monitor her condition and falsified records. She became severely hypoglycemic and died days later. Orange County wrongful death attorney Benjamin Ikuta secured a $1,007,500 settlement for her family.

Missed Heart Disease Diagnosis

A 52-year-old man died of a heart attack after medical providers overlooked critical warning signs and failed to follow up. No settlement offer was made. Orange County wrongful death lawyer Daniel M. Hodes took the case to arbitration, where the family was awarded $1.1 million.

Failure to Diagnose Cardiac Arrhythmia

A 48-year-old father of two died days after a doctor failed to diagnose a life-threatening heart condition. Daniel Hodes recovered the full insurance policy limits of $1 million through mediation.

Dialysis-Related Wrongful Death at a Hospital

A 66-year-old woman receiving dialysis at a hospital began to bleed internally, but medical staff failed to monitor her or respond to the signs. She passed away shortly afterward. Despite initial resistance from the facility, her family secured a $225,000 settlement. The resolution acknowledged that basic safety protocols were missed—and that her life should not have ended this way.

“When a family walks through our doors after losing someone they love, we don’t begin with legal terms—we start with the person. We ask who they were, their meaning to their family. That’s where everything starts.

We’ve seen how one decision—one failure to act—can change everything. Families want answers, and they want the truth acknowledged. That’s what we fight for in every wrongful death case.”

—Daniel M. Hodes | Founding Partner, Hodes Milman

What Does a Family Need to Prove in a Wrongful Death Case?

To hold someone accountable for a wrongful death in California, you must show that negligence played a direct role in your loved one’s passing. In legal terms, this means showing that the person or party at fault owed a duty of care, broke that duty, and caused a death as a result.

That might involve a distracted driver, a healthcare provider who missed warning signs, or a business that ignored safety risks. These are difficult conversations, but they matter. Because when someone’s actions—or inaction—caused your loss, the law gives you the right to demand justice.

Our attorneys take the time to understand how this loss occurred—and how it could have been avoided. When needed, we consult with trusted professionals to help explain complex details and strengthen the case. But the heart of it always comes back to your family: what changed, what was taken, and what kind of accountability is needed now.

What Resources Are Available for Grieving Families in Orange County?

Grief shows up unexpectedly—through exhaustion, silence, or the everyday reminders of someone who should still be here. And while legal representation can help address what happened, emotional support is just as essential.

In Orange County, several organizations offer space, structure, and guidance for those processing loss:

• New Hope Grief Support Community—group counseling for adults, children, and teens.
• Saddleback Church Grief Support—workshops and weekly sessions open to all.
• Compassionate Friends OC Chapter—for families grieving a child, sibling, or grandchild.
• GriefShare (multiple OC locations)—local church-based groups offering peer support.

If you’re looking for support but don’t know where to start, our team can help point you toward trusted resources. While we focus on the legal side, we never lose sight of what your family is going through. Call (949) 776-4297 to learn how a wrongful death lawyer in Orange County can support you—and connect you with the help you deserve.

Contact a Wrongful Death Law Firm in Orange County

There is hope, and it starts with taking the first step toward your recovery. Hodes Milman will take care of the rest.

For over 30 years, we have stood by hundreds of clients in your shoes. We know it’s hard, and you’ll make it through. Let us take the legal burden off your shoulders. We’ll handle your case with professionalism, respect, and care.

Take advantage of our free case review and see if filing a wrongful death claim is right for you. Contact an Orange County wrongful death lawyer at (949) 534-0496. We are ready to advocate for you.

Wrongful Death Lawsuit FAQs

Notable Wrongful Death Case Results

At Hodes Milman our track record speaks for itself. Read a few of our notable case results for wrongful death claims:

Elder Abuse and Wrongful Death Case Resolved for $1,007,500

Benjamin Ikuta, Esq. of Hodes Milman resolved an Elder Abuse and Wrongful Death case against a Skilled Nursing Facility for $1,007,500 in January of 2021. The 94-year old elder was a known diabetic and bilateral amputee. A Skilled Nursing Facility did not check her insulin even once and falsified records stating that the patient was alert and oriented. The patient became severely hypoglycemic and died several days later.

Arbitration Award of $1,100,000 Obtained After a Man Dies Due to Heart Diagnosis Issues

A 52-year-old man died from a heart attack at work after doctors and a cardiac nurse failed to recognize his heart disease. His doctor ordered a treadmill stress test, and neither the man’s doctor nor the cardiac nurse took a detailed cardiac history before the treadmill test. When the man reported chest pain during the stress test, the test was stopped, but the circumstances surrounding the pain were not recorded.

If a detailed cardiac history had been taken before the stress test or if the nurse had recognized the serious nature of the man’s chest pain, it would have been discovered he had heart disease and appropriate treatment given. No settlement offer was made. Daniel M. Hodes took the case to arbitration, and a $1,100,000 award was issued.

Hodes Milman Settles a Failure to Diagnose/Wrongful Death Case for $1,000,000

A 48-year-old husband and father of two died of a cardiac arrhythmia that his doctor failed to diagnose. The doctor did not follow accepted standards of care and the victim died four days later. Daniel Hodes represented the deceased’s family and recovered $1 million (the limit of the doctor’s insurance coverage) in mediation, for their personal loss as well as the loss of the decedent’s support.

Client Testimonials

Learn what our former clients are saying about the quality of our legal services:

“Hodes Millman, is the best personal injury lawyer team in Irvine, California. I am from North Orange County and most people up here only have the best things to say about the firm. They handle catastrophic personal injury, wrongful death and fraud cases to fight against corruption in the insurance industry. Based upon my personal experience, I highly recommend Hodes Millman, to anyone who sustains injury and needs top notch litigation and passion for justice on their side.”

— A. Napolin

My husband received bad medical care and as a result almost died. I was fortunate enough to be referred to Jeff Milman. Jeff was so easy to talk to and worked so hard to get us a settlement. He kept us informed every step of the way. It was so great to have someone who believed in us after what we went through. We are forever grateful for the work he did on our behalf and would highly recommend him to anyone in our situation.

—C. Farrington

Jeff Millman was referred to us after my wife was in a very serious auto accident. He has been responsive, accessible and on top of our case from the start. Jeff is also very personable and really cares about his clients and the outcomes.

Kudos to his team as well, Brenda his assistant and Drew have been great to work with and always very responsive. We are happy to recommend them as our experience has been exceptional.

—B. Grunau