Wrongful Death Lawyer California | HellaHurt
Potentially relevant categories of loss and legal issues depend on the facts, evidence, applicable law, and coverage. A lawyer can assess a specific matter.
California Wrongful Death Law
California Code of Civil Procedure § 377.60 allows the surviving spouse, domestic partner, children, and certain other dependents to bring a wrongful death claim when a person dies due to another's negligence or wrongful act. The statute of limitations is 2 years from the date of death (CCP § 335.1).
A survival action — brought by the decedent's personal representative or successor in interest under CCP § 377.30 — recovers the losses the decedent suffered before death. Important change as of January 1, 2026: under CCP § 377.34, damages for the decedent's pre-death pain, suffering and disfigurement are no longer recoverable in survival actions filed on or after that date. The temporary window created by SB 447 has closed. A survival action filed today recovers the decedent's pre-death economic losses — medical expenses and lost earnings — plus punitive damages where the facts support them. One exception survives: CCP § 377.34(f) preserves claims under the Elder Abuse and Dependent Adult Civil Protection Act, where Welf. & Inst. Code § 15657(b) still permits recovery of the decedent's pre-death pain and suffering, capped at the Civ. Code § 3333.2(b) amount.
Issues for Attorney Review
Potentially relevant categories of loss and legal issues depend on the facts, evidence, applicable law, and coverage. A lawyer can assess a specific matter.
What to Do After a wrongful death in California
The steps surviving family members should take after a wrongful death in California:
- Secure a copy of the death certificate and police/coroner report: These are foundational documents for your claim. Request them immediately — delays can complicate your case.
- Preserve all evidence: Photographs of the scene, vehicle damage, surveillance footage, and witness contact information. Evidence is often lost or overwritten within days.
- Do not speak to the at-fault party's insurer: Insurance adjusters will contact surviving family members quickly. Do not give a recorded statement without an attorney present.
- File a government tort claim if a government entity is involved: If a city, county, or state agency caused the death, you have only 6 months to file a government tort claim — this is a strict, non-extendable deadline.
- Contact HellaHurt: Call 888-693-5777 or start your free AI case check. HellaHurt pursues both wrongful death claims and survival actions to pursue the compensation the law allows for your losses.
Why Choose HellaHurt for Your California Wrongful Death Case
- Licensed California attorneys: Morgan D. Ross (CA Bar #270650) and Robert B. Salgado (CA Bar #297391)
- Contingency fee: No fees or case costs unless there's a recovery.
- Free AI case check: Get an instant analysis of your claim online
- Statewide representation: We handle cases throughout all of California
- Free consultation: No pressure, no obligation
Frequently Asked Questions
How long do I have to file a wrongful death claim in California?
California's statute of limitations for personal injury is 2 years from the date of injury (CCP § 335.1). For claims against government entities, you have only 6 months to file a government tort claim. Contact HellaHurt immediately if you are approaching a deadline.
What issues may be relevant to a wrongful death in California?
Potentially relevant categories of loss and legal issues depend on the facts, evidence, applicable law, and coverage. A lawyer can assess a specific matter.
Who can file a wrongful death claim in California?
The surviving spouse or domestic partner, children, and certain other dependents who were financially dependent on the deceased can file a wrongful death claim under CCP § 377.60. Parents of an unmarried adult child may also have a claim in some circumstances.
What is the difference between a wrongful death claim and a survival action?
A survival action — brought by the decedent's personal representative or successor in interest under CCP § 377.30 — recovers the losses the decedent suffered before death. Important change as of January 1, 2026: under CCP § 377.34, damages for the decedent's pre-death pain, suffering and disfigurement are no longer recoverable in survival actions filed on or after that date. The temporary window created by SB 447 has closed. A survival action filed today recovers the decedent's pre-death economic losses — medical expenses and lost earnings — plus punitive damages where the facts support them. One exception survives: CCP § 377.34(f) preserves claims under the Elder Abuse and Dependent Adult Civil Protection Act, where Welf. & Inst. Code § 15657(b) still permits recovery of the decedent's pre-death pain and suffering, capped at the Civ. Code § 3333.2(b) amount.
Does HellaHurt handle wrongful death cases throughout California?
Yes. HellaHurt handles wrongful death cases throughout all of California — San Diego, Los Angeles, San Francisco, Sacramento, and every city in between. We are a statewide firm. Call 888-693-5777 for a free consultation.
What if I was partially at fault for my wrongful death in California?
California follows pure comparative negligence — you can recover damages even if you were partially at fault. Your recovery is reduced by your percentage of fault. Insurance adjusters often try to inflate your fault percentage to reduce their payout. HellaHurt fights back.
Free Case Evaluation
- Start your free AI case check — instant analysis online →
- Call 888-693-5777
- No fees or case costs unless there's a recovery.