Dealing With the Insurer After a Death in California
In the aftermath of a death, families are grieving — and the at-fault party's insurer may move quickly, sometimes reaching out early with a settlement that does not reflect the full harm. How the claim is handled from the start matters, and your family should not have to face the insurer alone.
Be careful early
You are generally not required to give a recorded statement or accept an early offer, and it is wise to get advice first. Early settlements are often made before the full harm — your loved one's suffering and losses and your family's losses — is understood, and before the right person is in place to bring the claim.
One resolution, both claims
Because a survival action and a wrongful death claim can be resolved together, it is important that any settlement accounts for both, and that it is handled through the estate correctly. We make sure the full picture is on the table.
How we help
We deal with the insurer for you, make sure both claims are accounted for, and handle everything with care. The review is free and confidential. Se habla español.
Frequently asked questions
The insurer offered a settlement soon after the death. Should we take it?
Get advice first. An early offer is often made before the full harm and both claims — the survival action and any wrongful death claim — are understood, and before the estate is properly in place. A review can tell you whether it reflects the true harm.
California law — what people ask
How long do I have to file an injury claim in California?
Generally two years from the date you were hurt. If a government entity is involved — a city vehicle, a public road, a public hospital — you usually have to present a formal claim to that agency within roughly six months before you can sue at all, which catches people out far more often than the two-year date.
Can I still recover if I was partly at fault in California?
Yes. California uses pure comparative negligence, so your recovery is reduced by your percentage of fault rather than barred — even if your share turns out to be the larger one. There is no cutoff percentage that ends a claim here.
Does California cap what I can recover?
Not in an ordinary injury case. Medical-malpractice claims are the main exception, where non-economic damages are limited by a cap that steps up over time. For most claims — car crashes, falls, defective products — there is no statutory ceiling.
What if more than one person was responsible?
California splits the analysis: defendants can be jointly responsible for your economic losses such as medical bills and lost income, while non-economic damages like pain and suffering are apportioned to each defendant by its own share of fault.
The driver who hit me had no insurance. What now?
Your own uninsured or underinsured motorist coverage is usually the answer, and it commonly applies to hit-and-run collisions as well. Check every policy in the household, not only the one covering the car you were in.
Will the jury hear that my health insurance paid my bills?
Generally not. California follows the collateral source rule, so a wrongdoer does not get credit for insurance you paid for. How your medical damages are measured is a separate and often contested question.
Injury law in California
California injury law shapes your case in a few specific ways worth knowing early.
- Filing deadline: You generally have two years from the date of the injury to file — and only about six months to put a government entity on notice before you can sue.
- Fault: California follows pure comparative negligence, so you can still recover even if you were partly — or mostly — at fault, with your recovery reduced by your share of the blame.
- Damage caps: An ordinary California injury case has no cap on damages; medical-malpractice claims are the main exception.
- Uninsured drivers: California sets minimum auto-insurance limits and uninsured/underinsured-motorist rules that affect what coverage is available.
California injury law
This is general information about California injury law, not legal advice. Every case is different.
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