Personal Injury
Wrongful Death
Losing a loved one due to someone else's negligence is devastating. We help surviving family members pursue justice and the financial compensation they are entitled to under California law.
A wrongful death claim arises when a person dies as a result of another party's negligence, recklessness, or intentional conduct. These cases allow surviving family members to seek compensation for the financial and emotional losses caused by their loved one's death.
We understand that no amount of money can undo what has happened. But holding the responsible party accountable — and securing financial stability for your family — can make a meaningful difference. Our firm handles these cases with the sensitivity and determination they require.
What We Handle
Common Causes of Wrongful Death
Eligibility
Who Can File a Wrongful Death Claim
Under California Code of Civil Procedure Section 377.60, the following individuals may bring a wrongful death claim:
Surviving Spouse or Domestic Partner
A surviving spouse or registered domestic partner has standing to bring a wrongful death claim and is typically entitled to the broadest range of damages.
Surviving Children
The deceased's children — including adopted children — may bring a claim. If a child has predeceased the victim, that child's descendants may have standing as well.
Other Dependents
In the absence of a surviving spouse or children, other individuals who were financially dependent on the deceased — such as parents or siblings — may have the right to file a wrongful death claim.
Compensation
What You May Be Entitled To
Wrongful death damages in California can include loss of financial support, loss of household services, funeral and burial expenses, and the loss of love, companionship, and moral support the deceased provided to surviving family members.
A separate but related claim — a survival action — may also be brought on behalf of the deceased's estate to recover damages the deceased personally suffered before death, including medical expenses and pre-death pain and suffering. We evaluate both claims in every case.
Common Questions
Frequently Asked Questions
How long do we have to file a wrongful death claim?
In California, the statute of limitations for wrongful death claims is generally two years from the date of the deceased's death. In some cases involving government entities, the deadline may be significantly shorter. Contact us as soon as possible.
Can we file a claim if a criminal case is also pending?
Yes. A wrongful death civil claim is separate from any criminal prosecution. The burden of proof in a civil case is lower than in a criminal case, and you can pursue both simultaneously. A criminal acquittal does not prevent a successful civil claim.
What if our loved one was partly at fault?
California's comparative fault rules apply to wrongful death claims. Your recovery may be reduced by the deceased's percentage of fault, but you are not barred from filing a claim. We will evaluate the specific facts of your case during a free consultation.
Injured? Get The Compensation You Deserve.
Our Sacramento personal injury attorneys are ready to fight for you. Free consultation. Contingency fee, so you pay nothing upfront.