Losing a loved one in Hayward due to wrongful death can leave you devastated and uncertain. You may be facing funeral costs, emotional pain, and the loss of vital support.
Our Hayward wrongful death lawyers hold negligent drivers, businesses, or other parties accountable, so you can focus on honoring your loved one’s memory and finding peace.
GJEL Attorneys work on a no win, no fee basis. You pay no contingency fee. You pay only if we settle or win your Hayward wrongful death case.
Call GJEL Accident Attorneys 24/7 or Visit Our Hayward Office
Our Hayward wrongful death lawyers are available 24/7, day or night, to provide a free consultation and start working on your injury claim right away.



Who Can File a Wrongful Death Claim in California
California law allows specific family members to file a wrongful death claim, including the spouse or domestic partner, children, and certain other heirs if no spouse or children survive [California Code of Civil Procedure §377.60].
The surviving spouse or registered domestic partner has the primary right to file. Children of the deceased, including stepchildren who were financially dependent, may also bring a claim. When there is no surviving spouse, partner, or children, the right passes to those who would inherit under California’s intestacy laws. This typically includes parents or siblings.
If multiple eligible family members exist, they generally must join together in one lawsuit. The court can appoint one person to represent the group’s interests.
Learn more about how a wrongful death lawsuit works in California step by step here.

How Long Do I Have to File a Wrongful Death Claim
This two-year deadline applies to claims against private parties and most entities. However, claims involving government entities require special attention. Y
ou must file an administrative claim with the public entity within six months of the incident before you can file a lawsuit [California Government Code §911.2]. After the government entity responds or the claim is deemed denied, you have six months to file the actual lawsuit.
Missing these deadlines can permanently bar your right to compensation. Contact our office immediately to confirm the exact deadline for your case, as some situations may have different time limits.
Get Professional Help
For expert legal assistance with your wrongful death lawsuit in Hayward, contact our experienced team:
Address: 1728 B St, Hayward, CA 94541, United States
Hours: Open 24 hours
Phone: +1 510-886-5440
Don’t face this challenging time alone. Our compassionate and knowledgeable attorneys are here to guide you through the legal process and fight for the justice your loved one deserves.
Wrongful Death vs Survival Action: What Is the Difference
A wrongful death claim compensates the family for their losses, while a survival action seeks damages the deceased could have pursued if they had lived. These are two distinct legal actions with different purposes and damages.
The wrongful death claim belongs to qualifying family members and covers their economic and non-economic losses from losing their loved one. A survival action belongs to the deceased person’s estate and can recover damages for pain and suffering the deceased experienced before death, medical expenses, and lost wages from the time of injury until death [California Code of Civil Procedure §377.30-377.34]. Recent changes to California law have expanded what survival actions can recover in certain cases. Our attorneys will review current law to determine all damages available in your case.
What Damages Can a Family Recover
Families may recover several types of damages in a wrongful death case:
Funeral and burial costs: All reasonable expenses for the funeral service, burial or cremation, and memorial services.
Financial support: The income and benefits the deceased would have provided to the family, calculated based on life expectancy and earning capacity.
Household services: The value of services the deceased provided, such as childcare, home maintenance, and daily household tasks.
Loss of love and companionship: Compensation for losing the comfort, society, and moral support of your loved one. While no amount can truly compensate for this loss, California law recognizes its importance.
Recent East Bay Wrongful Death Results
Oakland: $3.2 million – Proved commercial truck driver violated hours of service regulations in fatal highway collision
San Leandro: $2.8 million – Established property owner liability for inadequate lighting in parking structure where assault occurred
Fremont: $2.1 million – Demonstrated defective vehicle component caused loss of control leading to fatal crash
Castro Valley: $1.9 million – Showed medical facility failed to properly monitor patient, resulting in preventable death
Union City: $1.5 million – Proved construction site safety violations led to fatal workplace accident
Our Process for Hayward Cases
We follow a systematic approach in the first 30 days to protect your rights and build a strong case:
Evidence preservation and report requests: We immediately request police reports from Hayward Police Department at 300 W. Winton Avenue or CHP reports for highway incidents. We send preservation letters to prevent destruction of crucial evidence like surveillance footage, vehicle data recorders, and cell phone records.
Scene and vehicle inspection: When applicable, we dispatch investigators to document the accident scene before conditions change. Vehicle inspections capture damage patterns, mechanical issues, and electronic data that can prove how the incident occurred.
Public entity analysis: We evaluate whether any government entity bears responsibility, such as dangerous road design on Hayward streets. This triggers strict six-month claim deadlines that cannot be missed.
Economic loss documentation: We work with forensic economists to calculate the full financial impact on your family. This includes lost earnings, benefits, household services, and future support your loved one would have provided.
Strategic case development: We develop negotiation strategies while preparing for trial from day one. Most cases settle, but insurance companies pay fair value only when they know we will take the case to trial if necessary.
Frequently Asked Questions
Who can bring a wrongful death claim? The surviving spouse, domestic partner, children, and sometimes other dependents or heirs can file. The specific rules depend on who survives the deceased and their relationships.
What is the deadline to file? Generally two years from the date of death, but government claims require action within six months. Always confirm your specific deadline with an attorney immediately.
What happens if there is a criminal case? Criminal and civil cases proceed separately. You can pursue a wrongful death claim regardless of criminal charges. A criminal conviction can help prove liability, but acquittal does not prevent a civil case. The standards of proof differ between criminal and civil cases.
What if my loved one may share some fault? California follows comparative negligence rules. Your recovery may be reduced by your loved one’s percentage of fault, but you can still recover damages even if they were partially at fault. The key is proving the defendant’s negligence contributed to the death.
How is the case value determined? Case value depends on economic losses, the deceased’s age and health, the family relationships involved, and the defendant’s conduct. Each case requires careful analysis of multiple factors unique to your situation.
What is a survival action? A survival action allows the estate to recover damages the deceased could have claimed if they survived, including medical bills and pain and suffering before death. This is separate from the family’s wrongful death claim.
How do public entity cases differ? Government claims have shorter deadlines, starting with a six-month administrative claim requirement. They also have different immunity rules and damage caps in some situations. Prompt action is critical in these cases.
Where We Meet You in Hayward
We understand traveling during grief is difficult. We offer flexible meeting options in Hayward, including locations near the courthouse and throughout Southern Alameda County. Home visits are available when needed. Your first consultation is always free and confidential.
Call to Action
Speak with a Hayward wrongful death lawyer today. Free, confidential consultation.
We will explain deadlines and next steps in your first call.
Resources for Families:
Eden Medical Center Records: (510) 537-1234
Alameda County Victim-Witness Assistance: (510) 272-6180
Hayward Police Reports: (510) 293-7023
California Victim Compensation Board: 1-800-777-9229
Hayward Wrongful Death Resources and Related Practice Areas
If your family is coping with a fatal accident in Hayward, these resources and related practice areas can help you understand your options and connect with the right attorney for your case.
Speak with a Hayward wrongful death lawyer
Free consultation with a local team that handles fatal accident claims for families in Alameda County and across the Bay Area.
Hayward truck accident lawyer
Pursue wrongful death claims involving commercial trucks, including investigations, liability, and insurance coverage issues.
Hayward motorcycle accident attorney
Support for families after fatal motorcycle crashes, including evidence preservation and negotiations with insurers.
Hayward scooter accident lawyer
Guidance for wrongful death cases involving e‑scooters or stand‑up scooters, municipal claims, and roadway hazards.
Hayward brain injury lawyer
Catastrophic brain injury cases, including fatal TBI claims tied to collisions, falls, and hazardous property conditions.
GJEL Accident Attorneys
Learn about the firm, results, and client reviews. Offices across the Bay Area with statewide representation.
More resources to help you hire the right wrongful death attorney
- California wrongful death settlements and case results
See recent verdicts and settlements to understand potential case value and strategy. - Wrongful death attorney fees in California
How contingency fees and case costs work, and what families typically pay. - Wrongful death lawsuit FAQ for California families
Eligibility, deadlines, damages, and the lawsuit process explained in plain language.