California Wrongful Death Lawyers — HellaHurt

Wrongful Death Cases We Handle

• Car accident wrongful death — the leading cause of wrongful death claims in California
• Truck accident wrongful death — 18-wheelers, semi-trucks, commercial vehicles
• Motorcycle accident wrongful death
• Pedestrian accident wrongful death
• Workplace accident wrongful death
• Slip and fall wrongful death
• Dog attack wrongful death
• Medical malpractice wrongful death

California Wrongful Death Law

California Code of Civil Procedure § 377.60 allows surviving family members to file a wrongful death claim when a person is killed due to the wrongful act or neglect of another. The statute of limitations is generally 2 years from the date of death. For claims against government entities, you have only 6 months to file a government tort claim.

Damages in a wrongful death case include loss of financial support, loss of household services, loss of love and companionship, and funeral and burial expenses. A companion survival action (CCP § 377.30) can also recover the deceased's pre-death pain and suffering and medical expenses.

What to Do After a Wrongful Death

1. Preserve evidence: Photographs, witness information, police reports, and medical records are critical. Evidence disappears quickly — act immediately.
2. Do not speak with the other party's insurance: Insurance adjusters will contact you quickly after a death. Do not give a recorded statement or accept any offer without speaking to an attorney first.
3. Contact HellaHurt immediately: The sooner we begin investigating, the stronger your case. Call 888-693-5777 for a free consultation.

California Wrongful Death — Frequently Asked Questions

Who can file a wrongful death claim in California?

Under California Code of Civil Procedure § 377.60, the following can file: surviving spouse or domestic partner, surviving children, and — if there is no surviving spouse or children — anyone who would inherit under intestate succession laws, including parents and siblings.

What damages are available in a California wrongful death case?

Surviving family members can recover: loss of financial support, loss of household services, loss of love, companionship, comfort, care, assistance, protection, affection, society, and moral support, as well as funeral and burial expenses. Non-economic damages such as grief and sorrow are not recoverable in California wrongful death claims, but are recoverable in a survival action.

What is a survival action and how is it different from wrongful death?

A survival action (CCP § 377.30) is brought on behalf of the deceased's estate and covers damages the deceased suffered before death — pain and suffering, medical bills, lost earnings. A wrongful death claim covers the family's losses. Both can be filed simultaneously in the same lawsuit, and HellaHurt's attorneys handle both in every case.

How long do I have to file a wrongful death claim in California?

Generally 2 years from the date of death (CCP § 335.1). For government entities, 6 months from the date of death to file a government tort claim. Missing these deadlines permanently bars the claim — contact HellaHurt immediately to protect your rights.

How much is a wrongful death case worth in California?

There is no cap on wrongful death damages in California (except for medical malpractice cases, which are capped at $470,000 (2026) for non-economic damages under MICRA). The value of a case depends on the deceased's income, age, life expectancy, the nature of the relationship with surviving family members, and the circumstances of the death. HellaHurt offers a free case evaluation to discuss the specific facts of your case.

Why Choose HellaHurt for Your 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
• Statewide representation — we handle wrongful death cases throughout all of California
• Free, confidential consultation — no pressure, no obligation