Wrongful Death

Wrongful Death Attorney

Serving Orange County, Los Angeles, Riverside and San Diego

Law Offices of Kenneth G. Marks in Orange County, CA


Kenneth G. Marks has handled several wrongful death cases in his career ranging from automobile accidents to medical malpractice cases. There is no value to put on the loss of a loved one and it is extremely difficult to empathize with someone else’s loss. Representing the family of someone who has lost a love one is not easy because everyone handles grief differently. The best you can do is listen and try to understand what they are going through. This is why you want a wrongful death attorney who has many years of experience and has handled many wrongful death cases. Only an experienced attorney can explain the value of these type of cases because each case is evaluated differently, despite the fact that no amount of money can replace the loss of a loved one.

As the survivor of a loved one, you can file a wrongful death lawsuit for the recovery of the following three kinds of damages:

  1. The loss of the love, companionship, comfort, affection, society, solace, moral support, and (if a spouse is a claimant) consortium of the decedent;
  2. The value of the household services the decedent would have provided in the future, if any, and
  3. The value of the financial support which the claimant would have received from the decedent but for the death.

After a loved one has passed away, there are only certain people who may file a wrongful death claim. First in line are the surviving spouse, children, and surviving issue of deceased children of the decedent. These survivors can file separately or jointly. If these types of claimants do not exist, next in line are the person's:

  • parents;
  • then brothers and sisters;
  • then the children of deceased brothers and sisters;
  • then grandparents;
  • and then their lineal descendants

A second group of claimants, which are not covered in the first group are:

  • putative spouse (a person who can prove that he/she had good faith belief that they were married to the decedent, but were not married by law)
  • children of putative spouse
  • stepchildren
  • and parents of decedent

The only way that those qualified under the second group can file a wrongful death claim is if they can prove that they were dependent upon the decedent at the time of death.

The final class of claimant is any minor who can prove that they were a resident of the decedent's household for 180 days prior to the death and that they were dependent upon the decedent for at least 50% of their support at the time of death.

To determine if you have “standing” to file a wrongful death claim, it is important to have a knowledgeable and experienced attorney on your side. Kenneth G. Marks will make every effort to understand your pain and he will take his time .. at no cost to you .. to apprise you of your options. Please call Mr. Marks for your free and confidential consultation.