Attorney Michael Rehm — (800) 978-0754

A wrongful death arising from a Hayward accident involves a set of legal deadlines that run independently of one another and do not wait for any procedural convenience. The two-year wrongful death statute of limitations runs from the date of death. When a government entity is involved, the six-month government claims deadline runs separately — and it runs first. Missing either deadline can potentially bar the claim. Attorney Michael Rehm handles wrongful death cases throughout Hayward and southern Alameda County.

Who Can Bring a Wrongful Death Claim

California wrongful death actions are brought under Code of Civil Procedure § 377.60 by the decedent's surviving spouse or domestic partner, children, and — if none survive — persons entitled to the decedent's estate by intestate succession. All claimants must join in a single action under Code of Civil Procedure § 377.61.

Wrongful Death Damages

Wrongful death damages flow directly to the heirs, not through the estate. Recoverable items include: the financial support the decedent would have provided during their life expectancy; the value of household services; loss of love, companionship, comfort, care, affection, society, and moral support; loss of guidance and training for children; and funeral and burial expenses. CACI 3921. An economist establishes the present value of lost financial support based on the decedent's earnings history, life expectancy, and projected contributions. Noneconomic damages for loss of consortium and guidance are the most significant component of many wrongful death verdicts.

A survival action under Code of Civil Procedure § 377.30, brought by the estate through a personal representative, recovers the decedent's pre-death pain and suffering, pre-death medical expenses, and pre-death lost earnings. Both actions can and typically should be brought in the same lawsuit when the same negligence caused both the pre-death injury and the death.

Government Entity Claims in Hayward Wrongful Death Cases

When a death results from the negligence of a City of Hayward vehicle, a Hayward city employee's act or omission, a road defect on a city-maintained street, or an AC Transit bus, the Government Claims Act requires a written claim within six months of the date of death. Government Code § 911.2; Government Code § 945.4. Punitive damages are not available against public entities.

Claims are submitted separately to each entity involved:

• City of Hayward: City Clerk, 777 B Street, Hayward, CA 94541
• AC Transit: District Secretary, 1600 Franklin Street, Oakland, CA 94612 (mail or delivery only)
• LAVTA/Wheels: Contact LAVTA directly to obtain the current claims submission address. Contact information for government entities can change — confirm the correct address before filing.

Commercial Vehicle Wrongful Death

When a death results from a commercial vehicle crash on I-880, I-238, or Hayward local streets, the claim may involve FMCSA regulatory violations (49 C.F.R. Parts 390–399) beyond standard negligence. Hours-of-service violations, driver qualification failures, vehicle maintenance neglect, and cargo securement failures can support wrongful death damages against multiple parties including the driver, motor carrier, and in some cases the broker or shipper. Evidence preservation — ELD data, driver logs, inspection records — must begin immediately.

Statute of Limitations

The statute of limitations for a wrongful death action is two years from the date of death. Code of Civil Procedure § 335.1. For government entity claims, the six-month deadline under Government Code § 911.2 must be met first and independently. Both deadlines can potentially bar the claim if missed. Contact Attorney Michael Rehm promptly to assess the specific timeline in your case.

Where Hayward Wrongful Death Cases Are Filed

Wrongful death cases from Hayward are filed in Alameda County Superior Court, Hayward Hall of Justice, 24405 Amador Street, Hayward, CA 94544 — (510) 690-2700. Civil cases are heard in Departments 502–522. Civil clerk hours: Monday–Thursday 8:30 a.m.–3:00 p.m. in person; Friday 8:30 a.m.–2:00 p.m. The nearest BART station is Hayward (1.2 miles). Alameda County uses a Direct Calendar system (Local Rule 3.120). Form 202-19 (Civil Case Cover Sheet Addendum) is required at initial filing.

Attorney Michael Rehm handles wrongful death cases throughout Hayward and southern Alameda County on a contingency fee basis. No fee without a recovery. Call (800) 978-0754 to arrange a free consultation.

The information on this page is general legal information, not legal advice, and does not create an attorney-client relationship. Every case turns on its own facts. The law can change — statutes are amended, cases are decided, and regulations are revised; nothing on this page should be relied upon as a statement of current law without verification. Deadlines and legal bars discussed on this page are general guides — whether a particular deadline applies, has run, or is subject to tolling, and whether a particular doctrine bars or limits recovery in your case, requires individual analysis. Contact Attorney Michael Rehm to discuss the specific facts of your situation.