Lost a loved one?Talk to a lawyer for free.

As a general rule, two years from the date of death. When a city, a county, a transit district or Caltrans may share the blame, that agency usually needs a written claim first, within six months. The estate's own claim gets at least six months from the death, or longer if your loved one's own deadline hadn't run yet. Records and memories fade sooner than any of these deadlines, so it helps to talk to us early.

First in line are your loved one's spouse or registered domestic partner and their children, along with any grandchildren whose own parent has died. If your loved one left no children or other descendants, the claim belongs to whoever would inherit from them under California law. Parents and stepchildren who depended on your loved one, and some others, can also claim (CCP §377.60). All of them usually join in a single case, and the court decides how any award is shared (CCP §377.61). If a child is among them, any settlement of the child's share needs a court's approval (Probate Code §3500).

Not for grief itself. California juries are instructed to leave out the family's grief, sorrow and mental anguish, and your loved one's own pain (CACI 3921). The law looks instead at what the family has lost: the financial support and household help, the love, comfort and guidance, and the costs of the funeral and burial.

Your loved one's own claim, for the losses they had before they died, such as lost pay and medical bills, doesn't end with the death but passes to their estate (CCP §377.34) and can go in the same case as the family's. If no probate case is open, it can usually be brought by a family member who signs a sworn "successor in interest" declaration and attaches a certified copy of your loved one's death certificate (CCP §377.32). In cases filed from 2026 on, the estate generally can't be compensated for the pain and suffering your loved one endured before death; that was allowed for cases filed in 2022 through 2025.

Usually the liability insurance of whoever caused the death: a driver's auto policy, or a business's or property owner's coverage. If an at-fault driver had no insurance or too little, the uninsured or underinsured motorist coverage on your loved one's own auto policy may pay their heirs (Insurance Code §11580.2). We look for every policy that may apply.

No one in the family has to give the insurer of whoever caused the death a recorded statement, and once a settlement is accepted, the claim is usually closed for good. Many families ask the adjuster to call back after they've talked with an attorney. Once you hire us, we take those calls for your family.

No. We represent families anywhere in California, from offices that run from Stockton to Palm Desert. If it's easier, we'll come to your home.

Nothing upfront. Your consultation is free, and no attorney's fees are owed unless we recover compensation for you. You may be responsible for case-related costs and expenses; we'll explain them before you sign.