Wrongful Death Lawyer California | HellaHurt
Injured in a wrongful death in California? HellaHurt's licensed personal injury attorneys fight for full compensation for your documented losses. Free case check. No fees unless we win. Call 888-693-5777.
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).
Damages: Wrongful death damages in California include the financial support the deceased would have provided, the value of household services, loss of companionship and consortium, funeral and burial expenses, and in some cases, pre-death pain and suffering (through a survival action). California has no cap on wrongful death damages.
Survival action: In addition to a wrongful death claim, the deceased's estate may bring a survival action (CCP § 377.30) to recover damages the deceased suffered before death — including medical expenses and pre-death pain and suffering.
What Damages Can You Recover?
California wrongful death victims may recover:
- Loss of financial support — income and benefits the deceased would have provided to surviving family members
- Loss of household services — the value of domestic contributions the deceased provided
- Loss of companionship and consortium — the emotional and relational loss suffered by surviving family
- Funeral and burial expenses — reasonable costs of final arrangements
- Pre-death medical expenses — hospital bills and treatment costs incurred before death (survival action)
- Pre-death pain and suffering — damages suffered by the deceased before death (survival action via CCP § 377.30)
- Punitive damages — in cases of extreme negligence or intentional misconduct
What to Do After a Wrongful Death Case 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 maximize your family's recovery.
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: You pay nothing unless we win your case
- Free AI case check: Get an instant analysis of your claim in under 2 minutes
- 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 compensation can I recover for a wrongful death in California?
California injury victims may recover medical expenses (past and future), lost wages and earning capacity, pain and suffering, property damage, and in wrongful death cases, funeral expenses and loss of financial support. California has no cap on compensatory damages in personal injury cases.
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 wrongful death claim compensates the surviving family members for their losses. A survival action (CCP § 377.30) is brought by the estate to recover damages the deceased suffered before death, including pre-death pain and suffering and medical expenses. HellaHurt pursues both claims when applicable.
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.
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