Legally Reviewed by Daniel Setareh on October 2, 2026
When a family member dies because of someone else’s carelessness, grief arrives alongside a long list of practical questions. Who pays for the funeral? How will the household manage without that income? Who was responsible, and what can a family do about it? Losing someone suddenly on a Fresno road, in a workplace, or on another person’s property is an experience no one is prepared for, and you should not have to sort through the legal side of it alone.
Families often ask about Setareh Law, APLC Personal Injury & Accident Lawyers when they are deciding who to trust. The firm has 60 years of combined experience serving injured individuals and their families, more than 900 five-star reviews, and seven office locations across California, and it offers personal injury representation in Fresno for wrongful death cases on a contingency fee basis, so you pay a fee only if we get results. Home and hospital visits are available, and se habla español.
⚠ Time-Sensitive Notice for California Families
Most California wrongful death lawsuits must be filed within 2 years of the date of death, and claims against a public entity can have a deadline as short as 6 months.
60 years of combined experience, more than 900 five-star reviews, and no fee unless we get results. Your consultation is free, and home and hospital visits are available.
What Is a Wrongful Death Claim in California?
A wrongful death claim is a civil lawsuit that eligible family members can bring when a person dies because of another party’s negligent, reckless, or intentional conduct. It is separate from any criminal case, which is handled by prosecutors and has different goals. A civil claim asks for financial compensation for the losses the family has suffered, and it can move forward whether or not criminal charges are ever filed.
In Fresno, these claims arise from many kinds of events. Fatal crashes on busy corridors like Blackstone Avenue and Shaw Avenue, collisions on major highways, dangerous conditions at a business, and accidents involving defective products or unsafe job sites can all lead to a claim. What they share is a simple question: did someone fail to use reasonable care, and did that failure cause the death?
Who May File a Wrongful Death Claim in California
California law decides which people have standing to bring a wrongful death claim. Under Code of Civil Procedure Section 377.60, the following people may assert the claim, and in some situations the decedent’s personal representative may do so on their behalf.
| Who | When They May File |
|---|---|
| Surviving spouse or domestic partner | May file as a primary claimant. A domestic partner generally means a person in a registered domestic partnership with the decedent at the time of death. |
| Children and issue of deceased children | May file as primary claimants. If a child has died, that child’s own children may step into the claim. |
| Others who would inherit | If the decedent left no surviving issue, the people who would be entitled to the decedent’s property by intestate succession, including a surviving spouse or domestic partner, may file. |
| Putative spouse, stepchildren, and parents | May file whether or not they fall into the categories above, if they were dependent on the decedent. A putative spouse is a person who believed in good faith that a void or voidable marriage was valid. |
| Certain minors | A minor who lived in the decedent’s household for the previous 180 days and relied on the decedent for one-half or more of the minor’s support may file. |
| The personal representative | The executor or administrator of the estate may assert the claim on behalf of the people who are entitled to bring it. |
These rules can be more complicated than they look, especially in blended families or when several people may qualify. Our guide to who can receive compensation from a wrongful death claim explains how recovery is divided when more than one family member is involved. The court decides each person’s share of an award, and our team works to identify every eligible family member at the start so that no one is overlooked.
Wrongful Death Claims and Survival Actions in California
Many families are surprised to learn that two different legal claims can follow a death. They protect different interests and recover different kinds of losses.
Wrongful Death Claim
Belongs to the eligible family members. It seeks compensation for what the family lost because of the death, such as financial support, household services, and companionship and guidance.
Survival Action
Belongs to the decedent’s cause of action and passes to the estate or successor in interest. It seeks the losses the decedent sustained before death, such as medical bills and lost earnings.
Under Section 377.34, damages in a survival action are limited to the loss or damage the decedent sustained before death, and they may include punitive damages the decedent could have recovered had they lived. California law on punitive damages reserves them for conduct involving malice, oppression, or fraud, so they apply only in limited cases. For a period, the statute also allowed survival damages for the decedent’s own pain and suffering in actions filed before January 1, 2026. As the statute now reads, that exception does not extend to actions filed on or after that date, so the timing of your filing can matter. Wrongful death damages are governed by a different section, which allows an award that may be just under all the circumstances of the case but does not include the survival damages described above.
Because the two claims can arise from the same death, they are often pursued together. Our article on survival actions compared with wrongful death actions walks through the differences in more detail.
Compensation Available in a Wrongful Death Case
Every family’s losses are different, and no two cases are valued the same way. Depending on the facts, the following categories may be part of a claim. California law provides that a wrongful death award may be whatever is just under all the circumstances.
| Category | What It May Cover |
|---|---|
| Funeral and burial costs | Expenses for the funeral, burial or cremation, and related services that the family paid or owes. |
| Loss of financial support | The income and benefits the family member would likely have provided over the years had they lived. |
| Loss of household services | The value of work the family member did at home, such as childcare, cooking, cleaning, repairs, and caring for relatives. |
| Loss of companionship and guidance | The loss of love, comfort, advice, and moral support, including a child’s loss of a parent’s guidance or a spouse’s loss of partnership. |
| Medical bills before death | In a survival action, the reasonable cost of treatment the decedent received between the injury and the death. |
| Lost earnings before death | In a survival action, wages the decedent lost between the injury and the death. |
| Punitive damages | In a survival action, in limited cases involving malice, oppression, or fraud, as described above. |
Factors such as the age of the family member, their health and earning history, the size and needs of the family, and the available insurance can all affect value. We do not promise any particular result, and we will explain honestly what we see in your case.
Common Causes of Fatal Accidents in Fresno
Wrongful death cases follow many different kinds of events, and the cause shapes who may be responsible and what evidence matters most.
Car Crashes
Distracted driving, speeding, running red lights, and impaired driving can turn an ordinary trip into a fatal collision, particularly at busy intersections and on high-speed roads.
Truck Crashes
Large commercial vehicles carry enormous weight, and driver fatigue, overloaded cargo, and poor maintenance can contribute to crashes that are far more likely to be fatal.
Motorcycle Crashes
Riders have little protection in a collision. Left-turn crashes and drivers who do not see a motorcycle are among the situations that can lead to a death.
Bicycle and Pedestrian Crashes
People on foot and on bikes are exposed on every Fresno street. Crosswalk, driveway, and turning collisions can be fatal even at modest speeds.
Bus Crashes
Public and private buses, shuttles, and school transportation involve many passengers and may be operated by public entities with special claim rules.
Dangerous Property Conditions
Poor security, unsafe premises, falling objects, and hazards at businesses and construction sites can cause deaths that a property owner or contractor may be responsible for.
In the winter, Central Valley tule fog can sharply reduce visibility, and chain-reaction crashes can involve several vehicles. Sorting out who did what takes careful investigation, which is why early evidence matters so much.
Who May Be Responsible for a Fatal Accident
In many cases, the person who caused the accident is the first party to look at, and the claim may be paid by that person’s liability insurance. If the person was working when the accident happened, such as a delivery driver or a driver in a company vehicle, the employer may also be responsible. Vehicle owners, property owners, contractors, and product manufacturers or sellers can share responsibility depending on the facts.
When a roadway defect, a public vehicle, or a government-owned property is involved, a city, county, or state agency may be a defendant. These claims follow special notice rules and much shorter deadlines than other injury claims. Our article on when a city can be sued in a wrongful death case explains why those cases need prompt attention.
What Families Should Do First After a Fatal Accident
There is no right way to grieve, and nothing in this section is meant to add to your burden. If you are able, a few early steps can protect the family’s legal rights while you focus on each other.
1. Take Care of Your Family First
Attend to your own health and your family’s needs. If you were also hurt in the incident, get medical care and keep every record.
2. Ask for the Report Number
Whether the Fresno Police Department or the California Highway Patrol responded, ask for the report number. You can request the report once it is available.
3. Preserve Evidence
Keep photographs, videos, phones, vehicle information, clothing, and messages. Do not repair or dispose of a vehicle or other items before they have been documented.
4. Be Careful With Insurance Calls
Adjusters may call within days. You can decline a recorded statement, and you should not sign releases or discuss fault or coverage until you have spoken with an attorney.
5. Save Every Bill and Receipt
Keep funeral invoices, medical bills, pay stubs, tax returns, and records of household help the family member provided. These show the financial impact.
6. Talk to a Lawyer Early
A free consultation can explain who may file, what deadlines apply, and what the next steps are. You do not have to decide anything on the first call.
Grieving a Family Member in Fresno? Talk With Setareh Law
Your consultation is free, and you pay nothing unless we get results. Home and hospital visits are available, and se habla español.
Proving Fault in a Wrongful Death Case
To succeed in most wrongful death cases, the family must show that the responsible party owed a duty of care, failed to meet it, and caused the death, and that the family suffered losses as a result. The facts behind each of those points come from evidence, and some of it disappears quickly.
Police and collision reports, photographs, witness accounts, and surveillance or doorbell video can show how an incident happened, and video is often overwritten within days. Vehicle data, phone records, maintenance logs, and employer records may also matter. Medical and coroner records connect the injuries to the death, and financial records such as pay stubs, tax returns, and benefit statements show what the family has lost. In some cases, accident reconstruction professionals and economists help explain the facts and the numbers to an insurer or a jury.
California applies comparative fault in negligence cases, so an insurer may argue that the person who died was partly responsible. That argument does not automatically end a claim, but it is one reason the evidence needs to be gathered early and handled carefully.
The Estate and the Personal Representative
A death usually involves an estate, and estate matters can run alongside a wrongful death claim. When the estate has a personal representative, that person may bring the survival action and may also assert the wrongful death claim on behalf of the eligible family members. If no estate proceeding is pending, a person who qualifies as the decedent’s successor in interest may be able to pursue the survival action by filing a declaration under penalty of perjury with a certified copy of the death certificate.
Probate and the injury claim are separate processes with different purposes, and they can affect each other in practical ways, such as who is authorized to sign settlement paperwork. We explain how the pieces fit together so your family knows who needs to do what, and we coordinate with the estate’s representative throughout the case.
Statute of Limitations for Fresno Wrongful Death Cases
Deadlines are among the most important parts of any claim, and missing one can end a case no matter how strong the facts are. Grief often makes time feel suspended, but the law keeps counting.
| Type of Claim | Deadline | Clock Starts |
|---|---|---|
| Wrongful death claim against a private party | 2 years | Date of death |
| Claim against a city, county, or other public entity | 6 months to present a government claim | Date the claim accrues, generally the date of death |
| Survival action by the estate | Timing can differ and depends on the facts, so review it promptly | Depends on the facts of the case |
The clock usually starts on the date of death, not the date a family feels ready to act. In limited situations the deadline may start later, but families should never count on an exception. If a public entity is involved, a late claim may be allowed only in narrow circumstances and may not be granted. The California Courts self-help guide on deadlines to sue explains how these time limits work. Missing a deadline is irreversible, so please contact Setareh Law as soon as you can.
How the Wrongful Death Legal Process Works
The process can feel unfamiliar, so it helps to know what to expect. Each case moves at its own pace, and many are resolved without a trial.
Investigation
We gather reports, photographs, video, medical and financial records, and witness accounts, and we identify every party who may be responsible and every insurance policy that may apply.
Claim and Documentation
We confirm who is eligible to file, document the family’s losses, and present the claim to the responsible party and its insurer along with the supporting evidence.
Negotiation
We communicate with the insurer on your behalf, respond to offers, and explain each option so your family can decide whether a proposed settlement is fair.
Lawsuit and Trial
When a fair resolution cannot be reached, or when a deadline requires it, we file a lawsuit. The case then moves through discovery, mediation, and, if necessary, trial.
If you would like a closer look at the steps involved, our guide on how to file a wrongful death lawsuit in California covers the filing process. A lawsuit does not mean a case will go to trial, and our team keeps you informed before every major decision.
Support for Spanish-Speaking Families
Setareh Law welcomes Spanish-speaking families throughout Fresno and the Central Valley. You can discuss your situation with our team in Spanish, ask questions at your own pace, and receive explanations of each step in the language you are most comfortable using. Se habla español, and a free consultation is available.
How Setareh Law Handles Your Wrongful Death Case
Every case begins with listening. We take time to learn about your family, your family member, and what your household now faces, and we explain your options in plain language with no pressure. If you cannot travel, we can meet you at home or at the hospital.
From there, our team gathers the evidence, identifies the eligible family members and the responsible parties, tracks every deadline, and handles the calls and paperwork with insurance companies so your family does not have to. We calculate the full range of your family’s losses, negotiate for fair compensation, and file a lawsuit when that is the right step. Because we work on contingency, you pay a fee only if we get results.
Frequently Asked Questions About Fresno Wrongful Death Cases
Do I have a wrongful death case in Fresno?
You may have a case if another person or company’s negligence or wrongful conduct caused a death and you are someone California law allows to file, such as a spouse, domestic partner, or child. Whether a claim exists depends on the cause of the death, the evidence, and who qualifies. Setareh Law offers a free case review so you can learn where you stand.
What is the deadline to file a wrongful death lawsuit in California?
Most wrongful death lawsuits must be filed within 2 years of the date of death. Claims against a city, county, or other public entity generally require a government claim within 6 months. Because missing these deadlines is irreversible, you should speak with an attorney as soon as possible.
How much does it cost to hire a wrongful death lawyer in Fresno?
Setareh Law handles wrongful death cases on a contingency fee basis. You pay an attorney fee only if we get results, and your initial consultation is free. We encourage you to ask about fees and costs during your case review so you know what to expect.
Who can file a wrongful death claim in California?
Surviving spouses, domestic partners, and children may file, along with other people who would inherit from the decedent. Putative spouses, stepchildren, and parents may also file if they were dependent on the decedent, and certain minors who lived in the household may qualify. The decedent’s personal representative may also assert the claim on their behalf.
What is the difference between a wrongful death claim and a survival action?
A wrongful death claim seeks compensation for the family’s own losses, such as financial support, household services, and companionship. A survival action belongs to the decedent’s cause of action and seeks the losses the decedent sustained before death, such as medical bills and lost earnings. The same death can lead to both claims.
What if a Fresno city or county agency was involved?
A city, county, or state agency may be responsible when a roadway defect, a public vehicle, or public property played a role. These claims require a government claim within 6 months and follow special rules. Please contact us quickly so the notice requirements can be reviewed.
Talk to a Fresno Wrongful Death Lawyer Today
Setareh Law brings 60 years of combined experience, more than 900 five-star client reviews, and seven California offices to every wrongful death case. We treat each family as people first, and we take the time to understand what has changed for you.
If you lost a family member because of someone else’s negligence in Fresno, contact Setareh Law for a free case review, or call (310) 659-1826. There is no fee unless we get results, and se habla español.
