The unexpected loss of a loved one in a traffic accident is heartbreaking. No family should have to face the legal and financial challenges that often follow on their own. If your loved one’s death was caused by someone else’s negligence, we’re here to help you understand your options and pursue the justice and financial support your family deserves.
At Sally Morin Personal Injury Lawyers, we represent families throughout California in wrongful death claims arising from fatal traffic accidents. We’ll guide you through each step of the legal process with clear communication and dedicated support, so you can focus on your family while we handle your case.
Why Families Turn to Sally Morin Law After a Fatal Accident
We are a five-star rated, all-female California personal injury firm that has represented seriously injured clients and their families since 1997. Our practice focuses on traffic-accident cases that result in life-changing harm or death.
Wrongful death claims require careful handling of who has the legal right to file, what losses can be recovered, and how a related survival action may fit. We explain these issues in plain language, coordinate with the family, and pursue the compensation California law allows for economic and non-economic losses.
Fee arrangement: We work on a pure contingency fee. You pay no attorney fees unless we recover compensation. We also address medical and funeral-related liens so more of any recovery remains available to the family.
Results in High-Severity Traffic Cases
Wrongful death claims are unique to each family and are not published with the same detail as injury settlements. The firm has recovered substantial amounts in serious traffic cases that involved catastrophic injury and, in related matters, fatal outcomes. Examples of high-severity recoveries include:
$1,650,000 – Pedestrian struck in a San Francisco crosswalk; severe traumatic brain injury and multiple fractures.
$841,500 – Rideshare passenger injured by an intoxicated driver.
$750,000 – Scooter rider injured by a road-surface hazard.
These figures reflect the firm’s work on serious traffic matters. Every wrongful death case is evaluated on its own facts, the available insurance, and the specific losses of the surviving family members.
Who Can File and the Two-Year Deadline
Who may bring a wrongful death claim – Code of Civil Procedure § 377.60
California law sets a clear order of people who may file:
Surviving spouse or domestic partner
Surviving children (and, in some situations, issue of deceased children)
If there is no surviving spouse, domestic partner, or issue, then persons who would be entitled to the property of the decedent by intestate succession (often parents or siblings)
In limited circumstances, a putative spouse, children of a putative spouse, stepchildren, or parents if they were dependent on the decedent
Standing is determined by the statute and the facts of the family. We review the relationships carefully at the outset so the correct people are named and the claim is properly brought.
Statute of limitations
Most wrongful death claims must be filed within two years of the date of death (CCP § 335.1 and related provisions). Claims involving government entities generally require formal notice within six months. Missing these deadlines can bar the claim entirely. Early consultation protects the family’s rights while evidence is still available.
Wrongful death versus survival action
These are two distinct claims that are often brought together:
A wrongful death claim belongs to the surviving heirs. It seeks compensation for the losses the survivors themselves have suffered: lost financial support, lost gifts or benefits, funeral and burial expenses, and the loss of love, companionship, comfort, care, and society.
A survival action belongs to the decedent’s estate. It seeks damages the decedent could have recovered if death had not occurred, limited to the period between the injury and death. This can include the decedent’s medical expenses and, under current law, certain pain and suffering in defined circumstances. Punitive damages, when available, generally travel with the survival action rather than the pure wrongful death claim.
Whether a survival action should be pursued depends on the length of survival, the medical bills, the estate’s obligations, and the conduct of the at-fault party. We explain the practical differences and the effect on any recovery.
Damages available in a wrongful death claim
Economic: lost financial support the decedent would have provided, loss of gifts or benefits, funeral and burial expenses, and the value of household services.
Non-economic: loss of love, companionship, comfort, care, assistance, protection, affection, society, and moral support.
In a coordinated survival action: the decedent’s medical expenses and, where permitted, other damages arising before death.
Insurance limits, multiple defendants, and the specific facts of the collision all affect what can be recovered.
Fatal Traffic Collisions in San Francisco and the Bay Area
High-speed freeways, dense urban streets, and the mix of cars, trucks, motorcycles, bicycles, scooters, and pedestrians create conditions in which serious and fatal crashes occur. Many of the firm’s most severe cases arise on or near major corridors and the city’s High Injury Network streets.
When a death results from a traffic collision, the investigation often involves the California Highway Patrol or local police, toxicology results, vehicle data, and sometimes multiple insurance policies. Cases are typically filed in the superior court of the county where the collision occurred or where the defendants reside. We are familiar with the local courts, trauma-center patterns, and the practical steps families face after a fatal crash.
How a Wrongful Death Claim Proceeds
Early steps for the family
Allow medical and law-enforcement processes to take their course. Obtain the death certificate and any police or CHP report when available.
Preserve documents related to the collision, medical treatment, and funeral expenses.
Avoid detailed recorded statements to insurance companies without legal advice.
Contact counsel experienced in wrongful death claims so standing, deadlines, and evidence can be reviewed promptly.
Consider whether a survival action should be evaluated alongside the wrongful death claim.
What our firm handles
Confirmation of who has standing under CCP § 377.60
Collection of the collision report, medical records, employment and earnings information, and funeral documentation
Identification of every potentially responsible party and insurance policy
Clear explanation of economic and non-economic damages and the role of any survival action
Negotiation with insurers and, when necessary, litigation
Coordination so the family is not required to manage the legal details alone
Typical timeline
These claims often take longer than ordinary injury cases. Medical and official records must be gathered, the full measure of loss must be documented, and insurers frequently contest both liability and the value of non-economic damages. We keep the family informed and move the case forward without unnecessary delay.
Frequently Asked Questions – California Wrongful Death Claims
Who is allowed to file a wrongful death lawsuit in California?
The people listed in Code of Civil Procedure § 377.60, beginning with the surviving spouse or domestic partner and children, and extending in defined circumstances to other relatives or dependents.
How long do we have to file?
Most claims must be filed within two years of the date of death. Government claims have shorter notice periods. Early advice protects the deadline.
What is the difference between a wrongful death claim and a survival action?
Wrongful death compensates the survivors for their own losses. A survival action belongs to the estate and covers certain losses the decedent suffered between injury and death. The two claims are often brought together.
What damages can the family recover?
Economic losses such as lost financial support and funeral expenses, and non-economic losses such as the loss of companionship, comfort, and care. The exact mix depends on the relationships and the evidence.
Are punitive damages available?
Punitive damages are generally not available in a pure wrongful death claim. They may be available in a survival action when the defendant’s conduct meets the legal standard for malice, oppression, or fraud.
Do we have to go to court?
Many claims resolve through settlement. We prepare every case as if it may be tried, which strengthens the family’s position in negotiation.
What if the at-fault driver had little insurance?
We examine all available policies, including umbrella coverage and any applicable uninsured or underinsured motorist coverage that may benefit the family.
Words from Clients
Contact a California Wrongful Death Lawyer
If a family member died in a traffic accident caused by someone else’s negligence, we are available to explain your options, the people who may file under California law, and the damages that can be pursued. There is no charge for the initial conversation.
Meet Our Team
Get the settlement you deserve
Since 1997, Sally Morin Personal Injury Lawyers have helped clients recover compensation for serious injuries from car, motorcycle, scooter accidents, and more. Contact our expert team for help with your California injury case.
Our Location
We serve clients throughout Oakland and the East Bay from our San Francisco headquarters.