Hulburt Law Firm represents families in wrongful death cases throughout San Diego County. Our attorneys have recovered more than $150 million for clients in catastrophic injury and wrongful death cases, including fatal crashes, construction-site deaths, defective-product cases, aviation incidents, and drownings.
Under California Code of Civil Procedure section 377.60, surviving spouses, children, and other eligible heirs may have the right to bring a wrongful death claim when a death is caused by negligence, recklessness, or wrongful conduct. We help families understand who can bring the claim, what compensation may be available, what deadlines apply, and what evidence needs to be preserved right away.
Was your loved one killed in an accident in San Diego? Get help today.

Wrongful death cases can arise from many different kinds of events, and each type of case requires a different investigation. A fatal truck crash, vehicle vs. cyclist collision, construction-site death, or dangerous-property incident will involve different defendants, insurance policies, evidence, experts, and deadlines.
Hulburt Law Firm focuses on wrongful death cases involving negligence, unsafe property, dangerous roads, defective products, careless companies, and other wrongful conduct. We investigate what happened, identify every party that may be legally responsible, and pursue every available source of recovery for the family.
Fatal crashes often require more than a police report. In serious car, truck, motorcycle, bicycle, and pedestrian death cases, we investigate driver conduct, vehicle speed, distraction, intoxication, commercial-vehicle records, roadway design, visibility, traffic controls, and available insurance.
Potentially responsible parties may include negligent drivers, trucking companies, rideshare companies, employers, vehicle owners, public entities responsible for dangerous road conditions, or companies that contributed to the crash.
For a deeper analysis, see our resource on fatal car accidents and what families need to know.
A fatal workplace incident may involve both workers’ compensation death benefits and a separate wrongful death claim against a third party. These cases often arise from falls, equipment failures, electrocutions, trench collapses, unsafe jobsite coordination, or violations of safety rules.
We investigate whether a general contractor, subcontractor, property owner, equipment manufacturer, or other non-employer party contributed to the death.
When a dangerous product causes a death, the case may involve product liability claims against a manufacturer, distributor, retailer, or component supplier. These cases can include defective vehicles, tires, seatbelts, airbags, industrial equipment, consumer products, or safety systems that failed when they were needed most.
Early preservation of the product is critical. If a vehicle, machine, tire, tool, or other product may be evidence, it should be secured before it is repaired, destroyed, sold, or altered.
Property owners may be responsible for fatal injuries caused by unsafe conditions on their premises. These cases can involve falls, drownings, unsafe stairs or railings, inadequate lighting, dangerous apartment complexes, negligent security, or foreseeable violent attacks that were not reasonably prevented.
We investigate the property history, prior incidents, security practices, lighting, maintenance records, surveillance video, and whether the danger should have been fixed before the death occurred.
Fatal drowning and water-related cases often involve failures in supervision, barriers, warnings, rescue response, boating safety, alcohol use, equipment defects, or unsafe property conditions. These cases may arise at pools, hotels, apartment complexes, beaches, marinas, lakes, boats, and recreational areas.
Because key evidence can disappear quickly, it is important to investigate the scene, obtain photographs, preserve video, identify witnesses, and review safety policies as soon as possible.
Aviation, helicopter, and other catastrophic death cases often involve multiple layers of investigation, including maintenance records, pilot conduct, weather, air-traffic information, product defects, operator policies, and federal agency findings.
These cases require the ability to work with specialized experts and to pursue claims against all responsible parties, including operators, maintenance companies, manufacturers, and other entities whose conduct contributed to the death.
When a fatal incident involves a city, county, state agency, school district, or other public entity, Government Code §911.2 imposes a strict six-month administrative claim deadline, dramatically shorter than California’s general two-year personal injury limit. Government Code §835 governs liability for dangerous conditions of public property, and Government Code §815.2 addresses public-employee negligence. Fatal Caltrans roadway-condition crashes, fatal public-transit incidents, fatal injuries at public schools or parks, and fatalities involving on-duty government employees all require this expedited claim filing.
A wrongful death case is one of the most important legal claims a family can bring. These cases often require immediate investigation, expert analysis, careful damages work, and the ability to take on insurance companies, corporations, public entities, or other defendants with significant resources.
Hulburt Law Firm is built for serious injury and wrongful death cases. Conor and Leslie Hulburt accept a limited number of cases so each family receives direct attorney attention, careful preparation, and a strategy tailored to the facts of the case.
Conor Hulburt has spent his career representing people and families in catastrophic injury and wrongful death cases throughout California. He has recovered more than $150 million for clients, including major results in cases involving dangerous roads, serious crashes, defective products, and other preventable tragedies.
Leslie Hulburt helps ensure that each case receives the organization, communication, and attention it deserves. Together, Conor and Leslie work closely with families to understand the person who was lost, the impact on the family, and the evidence needed to prove the full harm caused by the death.

Our attorneys have recovered significant results for families in fatal accident cases. While every case depends on its own facts, these results reflect the level of investigation, preparation, and advocacy wrongful death cases deserve.
A sudden tire failure caused an SUV to fishtail and crash into a tree on the side of a San Diego County highway, killing a beloved husband and father.
A massive, improperly installed gate collapsed on a subcontracted worker who was asked by the general contractor to paint it, causing his tragic death.
A concrete block wall wasn't properly supported and fell on a construction worker in El Cajon, killing him.
An event producer’s negligence led to a participant’s death in a vehicle collision.
A defective airplane engine ignition component caused a deadly crash in San Diego.
Campus security was speeding and collided with a student’s vehicle, killing her.
During your free case review, we listen to what happened, who your loved one was, and what questions your family has. We review any information you already have—such as police reports, incident reports, or insurance letters—and give an honest assessment of whether a wrongful death case may be available under California law. This conversation is confidential and there is no obligation to move forward.
If you decide to work with us, we begin a careful investigation into the incident that took your loved one’s life. That may include collecting reports, photographs, and video; interviewing witnesses; preserving physical evidence; and requesting records from companies, agencies, or other parties involved. Our goal at this stage is to understand how and why the death occurred and to secure key evidence before it is lost or changed.
With the basic facts in place, we identify all individuals, companies, and entities that may bear responsibility for your loved one’s death. In many cases, that means working with experts such as accident reconstructionists, medical specialists, product engineers, or industry professionals. Together, we piece together what should have been done differently and develop the evidence needed to prove fault in a wrongful death case.
Wrongful death cases are about more than numbers—they are about the relationship your family lost. We work with you to document funeral and burial expenses, the financial support your loved one provided, and the loss of their love, companionship, guidance, and household services. In appropriate cases, we may also coordinate with economic and vocational experts to help explain the long-term financial impact of the loss on your family.
Once we have a clear picture of what happened and what your family has lost, we present the case to the insurance companies and defense lawyers involved. We handle the day-to-day communications so you do not have to, and we push back against efforts to minimize your loved one’s life or the impact of their death. Throughout negotiations, we keep you updated, explain any settlement offers in plain language, and help you evaluate whether they are fair in light of your circumstances.
If a fair resolution cannot be reached through negotiation, we are prepared to file a lawsuit and present your case in court. Litigation can involve exchanging information, taking depositions, and, when necessary, preparing for trial. At every stage, we work to tell your loved one’s story respectfully and clearly—through your testimony, other witnesses, and expert evidence—so that judges and juries understand both how the death occurred and what the loss has meant for your family.
California’s wrongful death laws provide a civil remedy for certain surviving family members and dependents when a loved one dies because of someone else’s negligent, reckless, or intentional conduct. The goal is to compensate the family for the losses they suffer as a result of the death, separate from any criminal case that may also be filed.
California’s wrongful death statute, Code of Civil Procedure §377.60, allows certain surviving family members to pursue a civil claim when a loved one dies because of another party’s negligent, reckless, or wrongful conduct. The claim compensates the family for the losses they suffer as a result of the death and is separate from any criminal case. Wrongful death claims arise from:
For a broader overview, see our resource on wrongful death laws in San Diego.
Code of Civil Procedure §377.60 identifies who has standing to bring a wrongful death claim:
California’s "one-action rule" generally requires all eligible heirs to be joined in a single wrongful death lawsuit, even if they live in different states or do not agree on every aspect of the case. For more on standing and the one-action rule, see who can file a wrongful death claim in San Diego.
To recover compensation in a California wrongful death case, the heirs must prove four elements:
The standard of proof in civil wrongful death cases is preponderance of the evidence: more likely than not. California’s pattern jury instructions (CACI 3920-series) apply this framework in every wrongful death trial. For a fuller treatment, see proving negligence in wrongful death cases in San Diego.
Recoverable damages in a California wrongful death case are governed by Code of Civil Procedure §377.61 and CACI 3921:
For a deeper analysis, see types of damages in wrongful death cases.
A California wrongful death claim and a survival action are related, but they are not the same.
A wrongful death claim belongs to the surviving heirs. It compensates the family for their own losses caused by the death, including the loss of financial support, household services, love, companionship, comfort, care, assistance, protection, affection, society, moral support, and guidance.
A survival action belongs to the estate. It is based on the claim the deceased person would have had if they had survived. Survival action damages may include pre-death medical expenses, pre-death lost earnings, and, in appropriate cases, punitive damages.
For a temporary period, California allowed recovery of a decedent’s pre-death pain, suffering, or disfigurement in qualifying survival actions filed before January 1, 2026. That temporary window has expired. Unless California law changes, those damages are generally not recoverable in survival actions filed on or after January 1, 2026.
In many fatal-incident cases, the family may bring both a wrongful death claim and a survival action. The claims may involve different damages, different beneficiaries, and different proof, so it is important to evaluate both early in the case.
California follows pure comparative fault under Civil Code §1431.2 (Proposition 51) and the doctrine established in Li v. Yellow Cab Co., 13 Cal. 3d 804 (1975). If the person who died is found partly at fault, the wrongful death award is reduced by their percentage of fault, not eliminated. For example, if the jury calculates total damages at $1 million and assigns the decedent 25% fault, the family’s recoverable amount is $750,000. Comparative fault does not bar recovery, and we prepare every case to minimize the share of fault assigned to the decedent.
California enforces strict deadlines for wrongful death claims, and missing the right one usually destroys an otherwise valid case:
The six-month government claim deadline is the single trap that destroys the most wrongful death cases. Call us immediately if a public entity may be involved. For more, see statute of limitations for wrongful death claims.
When a fatal incident involves a city, county, state agency, school district, transit district, or any other California public entity, the Government Claims Act (Gov. Code §§810–996.6) governs the case. The two operative deadlines are Government Code §911.2 (six months to file the administrative claim) and Government Code §945.4 (the lawsuit may not be filed until the agency acts on the claim or the time for action expires). Government Code §835 governs liability for dangerous conditions of public property (deadly roadway design defects, dangerous public stairways, hazardous transit infrastructure), and Government Code §815.2 addresses public-employee negligence. Common government wrongful death cases include fatal Caltrans roadway-condition crashes, fatal MTS or municipal transit incidents, fatal injuries at public schools or parks, and fatalities involving on-duty law-enforcement, fire, or other public employees. We file the government tort claim within days of retention.
Forget surface-level research and mediocre inquiries. We dive deep to conduct extensive investigations and gather evidence in order to build your strongest case.
We use technology to your advantage. By using video and photography, scene recreations, and graphics, we tell your story in a visually-compelling way that other law firms cannot match.
Defense attorneys and insurance companies know us and respect us. We assess the full extent of your damages and pursue all responsible parties in order to maximize the compensation you deserve.
Catastrophic injury and wrongful death cases are rarely simple. We have taken on the largest corporations, insurance companies, and defense firms in the country and won.
We don’t just talk the talk, we walk the walk. From providing regular case updates to achieving life-changing results, we genuinely care about each and every one of our clients.
You are not legally required to hire a lawyer, but wrongful death cases are technically complex and emotionally heavy. They often involve multiple eligible heirs under Code of Civil Procedure §377.60, California’s one-action rule, overlapping insurance policies, a related survival action under §377.30, and strict statutory deadlines, especially when a government entity or defective product is involved. Most San Diego families choose to work with a wrongful death attorney so they do not have to manage the investigation, evidence preservation, negotiations, and court filings on their own while they grieve. For more information, see our guidance on finding the top wrongful death attorney in San Diego.
Hulburt Law Firm handles wrongful death cases on a contingency-fee basis. That means no upfront retainer, no hourly billing, and no fee unless we recover compensation for your family. Our fee is a percentage of the settlement or verdict, agreed in writing before we start. Case costs (expert witnesses, court filing fees, deposition costs, forensic economist fees) are typically advanced by the firm and reimbursed from the recovery. We explain the full fee and cost structure during the free case review so the family understands the arrangement before deciding whether to move forward.
California Code of Civil Procedure §377.60 sets out who has standing. The first tier of eligible claimants is the decedent’s surviving spouse, registered domestic partner, children, and the issue of any deceased children. If there is no surviving issue, the second tier extends to those who would inherit under Probate Code §6402 (parents and siblings most often). Putative spouses, certain stepchildren, and parents financially dependent on the decedent may also have standing. California’s one-action rule typically requires all heirs to be joined in a single wrongful death lawsuit, regardless of where they live or whether they fully agree on the case strategy. For more, see who can file a wrongful death claim in San Diego.
Damages compensate the surviving family for their own losses under Code of Civil Procedure §377.61. Economic damages include funeral and burial expenses, the financial support the decedent would have provided, the value of benefits the decedent would have provided, and the value of household services. Non-economic damages include loss of love, companionship, comfort, care, moral support, and loss of guidance for children. Punitive damages are generally not available in the wrongful death claim itself but may be available in the related survival claim brought on behalf of the estate under §377.34 where the evidence supports them. For a full framework, see types of damages in wrongful death cases.
California’s one-action rule requires that all wrongful death claims arising from the same death be brought together in a single lawsuit. Every person with the legal right to pursue wrongful death damages under Code of Civil Procedure §377.60 must be joined in the same case. This rule creates real practical challenges when family members are estranged, live in different states, or are divorced. For example, both parents of a deceased child, or all of a deceased parent’s children from different relationships, generally must all be parties to one coordinated wrongful death action. We resolve the procedural coordination so the family can focus on the case. Learn more about the One Action Rule.
A survival claim is a separate civil action brought on behalf of the decedent’s estate under Code of Civil Procedure §377.30 and §377.34. It is different from a wrongful death claim, which compensates surviving family members for their own losses. Survival claims are filed alongside the wrongful death claim, brought by the personal representative of the estate or a successor in interest, and they seek the damages the decedent could have pursued if they had survived: pre-death medical expenses, pre-death lost wages, property damage, and (during the now-closed January 1, 2022 to January 1, 2026 SB 447 window) pre-death pain and suffering. Punitive damages are available where the conduct supports them.
Pre-death pain and suffering refers to the physical pain and emotional distress a person experienced between the time they were injured and the time they died. These damages are part of the survival claim brought on behalf of the estate. Senate Bill 447 temporarily allowed recovery of pre-death pain and suffering in survival actions filed between January 1, 2022 and January 1, 2026. For cases filed on or after January 1, 2026, the pre-SB 447 rule applies and pre-death pain and suffering is generally not recoverable in the survival claim absent further legislative action. Evidence in pre-death pain-and-suffering claims typically includes medical records, witness accounts of the decedent’s consciousness, expert testimony, and the timeline of survival between the incident and death.
In most California wrongful death cases, the general deadline is two years from the date of death under Code of Civil Procedure §335.1. The most important exception in the cases we handle is the government-entity rule: claims against a city, county, or other public entity require a written administrative claim within six months under Government Code §911.2. Tolling may also apply for minor heirs in some private-party cases. Missing the wrong deadline destroys the claim. For more, see statute of limitations for wrongful death claims.
Timeline depends on liability complexity, the number of defendants, the type of incident, the willingness of carriers to engage in fair settlement, and the court’s schedule if a lawsuit is filed. Straightforward fatal motor vehicle cases with clear liability commonly resolve in 8 to 18 months. Cases involving multiple defendants, defective products, aviation, or government entities typically take 18 to 36 months and may require trial. Catastrophic government-entity cases involving Caltrans or public infrastructure can run 3 to 4 years. We push every case as fast as the evidence and the family’s preparedness allow. For a step-by-step walkthrough, see the legal process for wrongful death claims in San Diego.
Wrongful death cases in California arise from a wide range of preventable incidents, summarized below. For more, see causes of wrongful death in San Diego.
In most cases, amounts received as compensation for physical injuries or physical sickness, including the underlying basis of wrongful death settlements, are not taxable for federal or California income tax purposes. This typically includes compensation for loss of support, funeral expenses, and most wrongful death damages. Important exceptions: portions allocated to interest, certain punitive damages, and amounts allocated to non-physical injuries may be taxable. The specific treatment depends on how the settlement or judgment is structured and the applicable tax law. Families should consult a qualified tax professional about their particular situation. See the IRS guidance on the tax implications of settlements and judgments.
There is no meaningful "average" because case value is driven by the specific facts: the decedent’s age and earning capacity, the number and ages of dependents, the strength of liability, the available insurance, the legal theory (motor vehicle, premises, product defect, construction, government, aviation, or boating), and whether the case involves a survival action. Hulburt Law Firm’s attorneys have achieved wrongful death recoveries ranging from $3.5 million to $25.36 million depending on the facts. Cases with limited insurance coverage and modest economic loss may resolve in the high six figures. Catastrophic cases with strong liability and substantial available coverage routinely reach seven and eight figures. We give every family a realistic case-value range after we review the records, police and autopsy reports, and available insurance.
When a minor child is among the heirs in a California wrongful death case, court approval is required to protect the child’s interests. Under Probate Code §3500 and the related compromise-of-minor’s-claim statutes (Probate Code §3600 et seq.), the settlement allocated to a minor heir is reviewed and approved by the court, and the funds are typically held in a blocked account, a structured settlement annuity, or a special needs trust until the child reaches age 18 (or longer where appropriate). The structure protects the child’s recovery from premature withdrawal and from creditors. Our firm coordinates the minor’s-compromise process and works with experienced structured-settlement and trust advisors so the child’s share is preserved.
Siblings can recover for wrongful death only when there is no surviving spouse, registered domestic partner, or descendant of the decedent. Code of Civil Procedure §377.60(b) extends standing in that situation to those who would inherit under California’s intestate succession statute, Probate Code §6402, which generally places parents ahead of siblings. A separate path exists for siblings who were financially dependent on the decedent. We evaluate sibling-standing questions early in the case so the right parties are identified before the one-action rule locks in.
Apportionment among eligible heirs is governed by Code of Civil Procedure §377.61, which directs that recovery be distributed according to each heir’s respective losses (financial dependency, lost support, lost companionship, and lost guidance). Most California wrongful death settlements are apportioned by agreement among the heirs with court approval, or, in cases of disagreement, by court order after an evidentiary apportionment hearing. The portion attributable to the survival action belongs to the estate and passes through probate. We coordinate the apportionment process so the family is not negotiating against itself during the grieving period.
Yes, but the deadlines are dramatically shorter. The Government Claims Act requires a written administrative claim within six months of the death under Government Code §911.2. Once the agency acts on the claim (or the time to act expires), the lawsuit may be filed under Government Code §945.4. Government Code §815.2 governs public-employee negligence; Government Code §835 governs dangerous conditions of public property. We file the administrative claim within days of retention to preserve the family’s rights.
A wrongful death case is civil. It is filed by the surviving family (or the personal representative) and seeks money damages for the losses the family suffered. A criminal case, by contrast, is filed by the District Attorney and seeks punishment of the defendant (incarceration, fines, probation). The two are entirely separate. A defendant can be prosecuted criminally and sued civilly for the same death. The civil burden of proof is a preponderance of the evidence (more likely than not); the criminal burden is beyond a reasonable doubt. That difference is why a defendant acquitted in criminal court can still be found liable in a civil wrongful death case, as in the high-profile O.J. Simpson civil verdict.
Yes, in many California cases the deceased’s own underinsured motorist (UIM) coverage is a critical source of wrongful death compensation when the at-fault driver has insufficient liability limits. The eligible heirs under Code of Civil Procedure §377.60 generally step into the decedent’s coverage rights, subject to policy terms and California Insurance Code requirements. UIM claims require careful notice to the carrier, preservation of subrogation rights, and timely demand. For a deeper analysis, see our resource on whether heirs can pursue wrongful death damages under the deceased’s underinsured motorist coverage in California.
Hulburt Law Firm proudly serves the families of wrongful death victims throughout San Diego County, providing experienced legal guidance, compassionate support, and aggressive advocacy to help clients recover maximum compensation for injuries, medical expenses, lost wages, and long-term impacts.

Simply fill out the form or call 619.821.0500 to receive a free case review. We’ll evaluate what happened, your injuries, and potential defendants to determine how we can best help you.