When Someone You Love Dies Because of Another's Negligence, You Deserve Answers — Not Pressure
Losing someone suddenly and unfairly is a grief no legal process can ease. What the law can do is hold the responsible party accountable and recover the financial support your family has lost. At Halavanau Law Office, we handle every part of the legal process so you can focus on your family. There is no pressure to decide anything today — a free case review is a conversation, nothing more.
What California Law Allows Families to Recover
A wrongful death claim is a civil lawsuit brought by surviving family members when someone's death is caused by another party's negligence, recklessness, or intentional conduct. It is separate from any criminal case and does not depend on a criminal conviction to succeed.
California law allows surviving family members to recover:
- The financial support the decedent would have provided over their lifetime
- The value of household services they contributed
- Funeral and burial expenses
- Loss of companionship, guidance, and moral support
- Grief and emotional suffering experienced by surviving family members
One important distinction: California wrongful death law does not allow the deceased person's own pain and suffering to be claimed in a standard wrongful death action. A separate survival action, filed alongside the wrongful death claim, addresses what the decedent experienced before death. We evaluate both avenues in every case we take.
Who Can File a Wrongful Death Claim in California
California Code of Civil Procedure Section 377.60 defines who has the legal standing to bring a wrongful death action. This is one of the first questions families ask, and it matters — filing the wrong way, or missing an eligible claimant, can affect what the case ultimately recovers.
Under California law, the following individuals may bring a wrongful death claim:
- A surviving spouse or registered domestic partner
- The decedent's children
- Grandchildren, if the decedent's children are also deceased
- Any person who was financially dependent on the decedent and would inherit under California's intestate succession laws
There may be more eligible family members than you realize, and the specific circumstances of your situation determine who should be named in the claim. We walk through this carefully in the free case review — no assumptions, no guesswork.
The Deadline to File Is Shorter Than Most Families Expect
California imposes a two-year statute of limitations on wrongful death claims filed against a private party, measured from the date of death. If the responsible party is a government entity — a city bus, a public agency, a municipal vehicle — the deadline to file a government tort claim is six months from the date of death.
These deadlines do not pause for grief. Missing them means losing the right to pursue the claim entirely, regardless of how strong the case is. If you are unsure where you stand on timing, the safest step is a single phone call to find out.
The First Settlement Offer Is Not the Fair One
Insurance companies often reach out to grieving families within days of a fatal accident. The offer may feel like relief — a way to close a painful chapter without a long legal fight. It is almost never a fair reflection of what the case is worth.
Early settlement offers are calculated to resolve claims before families understand their full legal rights. Once an offer is accepted and a release is signed, there is no going back. Before you respond to anything from an insurance company, it costs nothing to have us evaluate the claim. We have recovered settlements that far exceeded what insurers initially put on the table — including a $3,750,000 personal injury settlement and a $1,500,000 insurance arbitration award in complex cases. We can tell you what your case is actually worth before you sign anything.
Why Families Throughout the Bay Area Work With Us
Halavanau Law Office is not a high-volume settlement mill. Gene personally reviews every inquiry and selects the cases he takes — which means when we represent your family, your case receives real attention, not a caseload number.
- 15+ years representing Bay Area families in serious personal injury and wrongful death cases
- Super Lawyers designation every year since 2023
- Multilingual practice: consultations available in English, Russian, and Spanish
- Contingency representation — no fees of any kind unless we recover on your behalf
- Office in San Francisco; serving clients throughout the Bay Area, including San Jose, Berkeley, and San Rafael
We also represent clients with overlapping legal needs — if the death involved a landlord's negligence, a defective product, or a rideshare vehicle, we handle those dimensions without sending you to a different firm.
Frequently Asked Questions About Wrongful Death Claims in California
How long do we have to file a wrongful death lawsuit in California?
For claims against a private party, California law gives surviving family members two years from the date of death to file. If the responsible party is a government entity, the deadline is much shorter — you must file a government tort claim within six months of the date of death. If you are unsure which deadline applies to your situation, contact us as soon as possible.What if we are not sure who is legally eligible to file?
California Code of Civil Procedure Section 377.60 defines who may bring a wrongful death action — surviving spouses, domestic partners, children, and certain financial dependents. The specific circumstances of your family situation determine who should be named in the claim. We evaluate this carefully in the free case review and make sure no eligible claimant is overlooked.The insurance company has already called us. Should we accept their offer?
Not before speaking with an attorney. Early settlement offers in wrongful death cases are almost always well below the actual value of the claim. Once you accept and sign a release, you cannot reopen the case. A free case review costs nothing and gives you an independent assessment of what the claim is actually worth.Do we have to pay anything upfront to hire a wrongful death attorney?
No. We represent wrongful death clients on a contingency fee basis, which means there are no attorney fees unless we recover compensation for your family. The free case review is also at no cost and carries no obligation to move forward.Can we file a wrongful death claim even if there is also a criminal case?
Yes. A wrongful death lawsuit is a civil action and is independent of any criminal proceedings. A criminal conviction is not required to succeed in a civil wrongful death claim — the standard of proof is lower in civil court. Both cases can proceed at the same time.
Talk to Us When You're Ready — There Is No Obligation
You do not have to have everything figured out before you call. Most families who contact us are still in the early stages of grief, unsure of their options, and simply looking for someone to explain what comes next. That is exactly what the free case review is for. We serve families throughout San Francisco, San Jose, Berkeley, San Rafael, and the broader Bay Area — in English, Russian, and Spanish.
