When a loved one is tragically taken due to someone else's negligence or misconduct, the path forward can feel unclear. A wrongful death claim allows surviving family members to seek accountability and compensation. At Hulburt Law Firm, we specialize in wrongful death cases and walk families through this process with compassion and clarity—because The Truth Demands Justice.
Under California law, only certain individuals are eligible to file a wrongful death claim. These include:
(California Code of Civil Procedure § 377.60.)
Real Case Example:
In a heartbreaking case involving a construction worker killed by a collapsing wall, Conor Hulburt represented the victim’s wife and children. The general contractor had concealed a known hazard despite warnings from a shoring engineer. The family was eligible to file the claim and ultimately secured a confidential settlement that honored the worker’s legacy.
In California, wrongful death claims must generally be filed within two years from the date of death. (California Code of Civil Procedure § 335.1.)
Exceptions include:
Missing this deadline can bar you from seeking compensation, so it’s critical to act quickly.
The legal process begins by filing a wrongful death lawsuit in the appropriate court. This involves:
Real Case Example:
In a case involving a toddler’s drowning at an unlicensed daycare, Conor uncovered negligence beyond the daycare owner. The property owner, HOA, and neighbors had all ignored a known fence gap near a dangerous koi pond. Filing against multiple parties ensured accountability and a meaningful settlement for the grieving family.
"Wrongful death cases are about exposing the truth and making sure that what happened to one family never happens again. We don’t back down from powerful defendants—we hold them accountable." — Conor Hulburt, Wrongful Death Attorney
After the claim is filed, both sides enter the discovery phase, during which evidence is exchanged to buildhttps://www.hulburtlaw.com/team/conor-hulburt each party’s case. Discovery may include:
Depositions involve sworn testimony from witnesses, including eyewitnesses, experts, and the parties involved. Attorneys for both sides can ask questions, and the testimony is recorded for use at trial.
Experts may be consulted during discovery to provide opinions on key issues, such as:
The discovery process is essential for building a strong case and preparing for negotiations or trial.
Most wrongful death claims are resolved through settlement rather than going to trial. During negotiations, your attorney will:
A skilled wrongful death attorney knows how to counter lowball offers and ensure you receive the compensation you deserve. If a fair settlement cannot be reached, the case will proceed to trial.
Real Case Example:
In a drunk driving wrongful death case, Conor used innovative visuals—photographs with digital "stickers" showing where teens saw alcohol at a party—to disprove the homeowners’ denial. The resulting settlement reached the insurance policy limits, delivering justice for the family who lost their son.
If your case goes to trial, your attorney will represent you in court and present a compelling argument to the judge and jury. Trial proceedings include:
A jury is selected to hear the case and determine whether the defendant is liable for the wrongful death.
Both sides present an overview of their case, outlining what they intend to prove.
Your attorney will present evidence to prove negligence and damages, including:
The opposing party’s witnesses are questioned to challenge their credibility or testimony.
Each side summarizes their case, emphasizing the evidence that supports their position.
The jury deliberates and issues a verdict. If the jury finds in your favor, they will award damages based on the evidence presented.
Learn more about the role of a wrongful death attorney in presenting your case.
Successful claims may result in:
Real Case Example:
In the case of a television show participant killed during a street race, Conor demonstrated that the road used for filming was unfit for high-speed driving. The defendants settled before trial, acknowledging the life lost due to a reckless disregard for safety.
At Hulburt Law Firm, we combine trial experience with unwavering compassion.
Explore our approach to wrongful death cases.
"Every wrongful death case is about more than law—it’s about truth, accountability, and honoring the person you lost.”
— Leslie Hulburt
If your loved one was taken too soon due to someone else’s negligence, you don’t have to face the legal system alone. Contact Hulburt Law Firm today for a free consultation. We’re ready to help you find answers and fight for what’s right—because The Truth Demands Justice.
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.