Wrongful Death Attorney
Justice and Accountability for Grieving Families
The sudden loss of a loved one due to someone else's negligence or wrongful conduct is among the most devastating experiences a family can face. Grief is overwhelming, and the legal process can feel impossibly complicated during such a painful time. The Law Offices of Davis & VanWagenen handles wrongful death cases in Fresno, California, with both the compassion families need and the aggressive legal advocacy that achieves results.
Schedule your free initial consultation today. No fees unless we win!
What Is a Wrongful Death Claim in California?
Under California Code of Civil Procedure § 377.60, a wrongful death action can be brought when a person's death is caused by the wrongful act, neglect, or default of another. The purpose of a wrongful death lawsuit is to compensate surviving family members for the losses they suffer as a result of their loved one's death.
Wrongful death claims are civil matters, entirely separate from any criminal proceedings that may arise from the same incident. Even if no criminal charges are filed, or even if a defendant is acquitted criminally, a wrongful death civil suit may still succeed under California's lower civil burden of proof.
Who Can File a Wrongful Death Claim in California?
California law specifies who has standing to bring a wrongful death action. Eligible parties include:
- The surviving spouse or domestic partner
- Surviving children of the deceased
- Grandchildren, if the deceased's children are also deceased
- Any person who was financially dependent on the deceased and would have been entitled to inherit
Our attorneys can help your family determine who has the right to file a wrongful death claim and how to pursue the maximum recovery available under California law.
Common Causes of Wrongful Death Cases We Handle
Fatal car, truck, and motorcycle accidents on Fresno-area roads
Pedestrian fatalities
Fatal dog attacks
Deadly slip, trip, and fall accidents on dangerous property
Deaths caused by defective products
Catastrophic injury cases resulting in death
Compensation Available in a California Wrongful Death Case
California wrongful death damages are designed to compensate surviving family members for both economic and non-economic losses. Recoverable damages may include:
- Financial support the deceased would have provided over their lifetime
- Loss of gifts, benefits, or inheritance
- Funeral and burial expenses
- Value of household services the deceased would have performed
- Loss of companionship, care, assistance, protection, and guidance
- Loss of consortium for a surviving spouse
Note: California does not permit recovery for grief or sorrow in a wrongful death action, but the loss of relationship and guidance is fully compensable. A separate survival action (CCP § 377.30) may also be available to recover damages the deceased could have claimed had they survived.
The Statute of Limitations for Wrongful Death Claims in California
Wrongful death claims in California must generally be filed within two years of the date of death (CCP § 335.1). In some circumstances — such as deaths involving government entities- shorter deadlines may apply. Acting quickly ensures critical evidence is preserved and your family's legal options remain open. Our attorneys can evaluate your case and advise you on all applicable deadlines.
Why Families in Fresno Trust The Law Offices of Davis & VanWagenen
Scott A. VanWagenen has spent 30 years representing injured people and the families of those who have died due to the negligence of others. He understands that no amount of money can replace a loved one, but a successful wrongful death claim can provide financial security, hold responsible parties accountable, and give families a sense of justice.
We handle wrongful death cases on a contingency fee basis, with no cost to you unless we recover compensation for your family. Every case receives our full personal attention, and we take these cases to trial when necessary.
Frequently Asked Questions — Wrongful Death Claims
Q: What is the difference between a wrongful death claim and a survival action in California?
A: These are two distinct but related legal actions that are often filed together. A wrongful death claim (CCP § 377.60) compensates the surviving family members for their own losses, such as lost financial support, loss of companionship, and funeral expenses. A survival action (CCP § 377.30) is brought on behalf of the deceased person's estate and recovers damages the deceased would have been entitled to claim had they survived, such as pre-death pain and suffering, medical expenses, and lost earnings from the time of injury to the time of death. Our attorneys evaluate both types of claims to maximize the total recovery available to your family.
Q: The person responsible for my loved one's death was not criminally charged. Can we still sue?
A: Absolutely. Criminal and civil proceedings are entirely separate legal systems with different standards of proof. A criminal case requires proof "beyond a reasonable doubt" — the highest legal standard. A civil wrongful death case requires proof only by "a preponderance of the evidence," meaning it is more likely than not that the defendant's conduct caused your loved one's death. Even acquittals or non-prosecutions in the criminal system do not prevent a successful wrongful death civil suit. The O.J. Simpson case is a well-known example of a defendant found not guilty criminally but liable civilly.
Q: How much is my wrongful death case worth?
A: The value of a wrongful death case in California depends on many factors, including the deceased's age, health, earning capacity, the closeness of the family relationships involved, and the nature of the defendant's conduct. Economic losses such as lost future income and funeral costs are calculated based on financial data and actuarial projections. Non-economic losses — the loss of love, companionship, and guidance — are evaluated by juries and can be substantial. Scott A. VanWagenen works with financial experts and life care planners when needed to build the most complete damages picture possible for your family.
Q: We are a Spanish-speaking family. Can your firm help us with a wrongful death case in Fresno?
A: Yes, absolutely. Scott A. VanWagenen and our staff are fully bilingual in English and Spanish. We understand the unique needs of Fresno's Spanish-speaking community and are committed to providing the same high level of representation to every family we serve, with no language barriers. We can conduct all consultations, case updates, and legal proceedings in Spanish if that is your preference. Estamos aqui para ayudarle. Llamenos al (559) 438-1030.
Your Family Deserves Justice — We're Honored to Help You Pursue It
Losing someone you love is an unimaginable pain. When that loss was caused by another person's recklessness or negligence, that pain is compounded by the knowledge that it didn't have to happen. Filing a wrongful death claim cannot bring your loved one back, but it can hold the responsible party accountable, provide financial stability for your family, and send a message that this kind of carelessness has consequences.
At the Law Offices of Davis & VanWagenen, we treat every wrongful death family with the compassion and respect they deserve. We handle all aspects of the legal process so your family can focus on healing, and we fight with everything we have to achieve the outcome your loved one would have wanted.
Call us at
(559) 438-1030 today to schedule a free, confidential consultation. We handle wrongful death cases on a contingency fee basis — no fees unless we recover compensation for your family. Hablamos Español.