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 can include loss of financial support, loss of household services, loss of love and companionship, and funeral and burial expenses.

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.

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. 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.

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

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.

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.

What information may matter after a wrongful death in California?

For certain professional-negligence matters, statutory limits may affect available damages. See Civil Code § 3333.2 and consult a licensed attorney about the current law and the facts of a particular matter.

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 — No fees or case costs unless there's a recovery.
• Statewide representation — we handle wrongful death cases throughout all of California
• Free case review — written fee terms if Counterpoint Legal accepts a case