Legally Reviewed by Daniel Setareh on October 2, 2026
When a person dies because of someone else’s negligence, their surviving family members may have the right to bring a wrongful death lawsuit against the party at fault. Under California Code of Civil Procedure §335.1, families have two years from the date of death to file a wrongful death claim, so contacting an experienced wrongful death lawyer as soon as possible is critical to protecting your rights.
At Setareh Law, our experienced Santa Rosa personal injury lawyers help families throughout Sonoma County navigate the complexities of a wrongful death case. We understand the pain and grief you are feeling, and we are here to help you seek justice on your loved one’s behalf. Our goal is to guide you through every step of the process and make sure you receive the full compensation you deserve.
⚠ Time-Sensitive — California Law Limits Your Window to File
California’s Wrongful Death Deadline: 2 Years. Under CCP §335.1, you generally have two years from the date of your loved one’s death to file a claim. Waiting can permanently cost your family the right to compensation.
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What Types of Wrongful Death Claims Are There?
The Centers for Disease Control and Prevention consistently identifies unintentional injuries as one of the leading causes of death in the United States, and many of those deaths are directly attributable to the negligence of another party. When that happens in Santa Rosa or elsewhere in Sonoma County, California law gives surviving family members the right to seek justice through a wrongful death claim. While no amount of money can ever make up for the loss of a loved one, wrongful death claims are a way to ensure that families are compensated for the physical, emotional, and financial losses they have suffered as a result of someone else’s negligence. Depending on the facts of the case, wrongful death claims can be based on several legal theories, including, but not limited to:
Motor Vehicle Accidents
Fatal crashes on Highway 101, Highway 12, or Santa Rosa surface streets involving a negligent driver or commercial vehicle.
Dangerous Property Conditions
A fatal fall or hazard at a Santa Rosa supermarket, restaurant, or hotel where the owner failed to keep the premises safe.
Product Liability
A death caused by a defective vehicle part, piece of machinery, or other consumer product sold without adequate warnings.
Workplace Accidents
A fatal incident on a job site caused by a negligent contractor, subcontractor, or third party, including harm to bystanders.
Criminal Acts
A death resulting from assault, battery, or another intentional or reckless criminal act against your loved one.
Motor Vehicle Accidents
As drivers, we all have the responsibility of exercising reasonable care when operating our vehicles. When a driver’s negligence or recklessness causes a fatal accident on Highway 101, Highway 12, or a Santa Rosa surface street, the victim’s family may be able to bring a wrongful death claim against the at-fault driver or another liable party. This includes fatal collisions involving commercial vehicles, handled by our Santa Rosa truck accident lawyers, where both the driver and the trucking company may be liable. Examples of negligence include improper maintenance of vehicles, driving under the influence, texting while driving, or speeding. These claims often share elements with Santa Rosa car accident cases, particularly when driver negligence is the central issue.
When a fatal crash involves a driver who was intoxicated, that driver can face criminal charges for gross vehicular manslaughter while intoxicated under California Penal Code §191.5, separate from any civil wrongful death claim your family may pursue. The criminal case and the civil wrongful death claim proceed on different tracks with different burdens of proof, which means a family can still recover compensation in a wrongful death lawsuit even if criminal charges are reduced, delayed, or resolved in a way that feels unsatisfying. Evidence from the criminal investigation, including toxicology reports and CHP collision reconstruction, often strengthens the civil case against the driver and any other liable party.
Dangerous Property Conditions
Property owners are obligated to keep their premises reasonably safe for visitors. When a property owner’s negligence at a Santa Rosa business, such as a supermarket, restaurant, or hotel, results in a fatal slip and fall or other hazardous condition, the victim’s family may be able to bring a wrongful death claim against the business or property owner. Photos of the hazard and an incident report filed at the time of the fall can make a meaningful difference in proving liability.
Proving this type of claim typically requires showing that the business knew, or reasonably should have known, about the dangerous condition and failed to correct it or warn visitors within a reasonable amount of time. Common examples include an unaddressed spill in a grocery aisle, a broken handrail, poor lighting in a stairwell, or inadequate security at a hotel common area. Because evidence like surveillance footage and maintenance logs can be deleted or lost quickly, our attorneys move fast to send a preservation letter to the business and secure this evidence before it disappears.
Product Liability
When a product is defective or dangerous and causes a person’s death, the victim’s family may be able to bring a wrongful death claim against the manufacturer, distributor, or retailer of the product. Examples of product liability cases include defective car parts, dangerous machinery, and unsafe consumer goods.
California product liability law allows a wrongful death claim to proceed under a theory of strict liability, meaning your family does not need to prove the manufacturer was careless, only that the product was defective and that the defect caused the fatal injury. These claims can name multiple defendants along the supply chain, including the original manufacturer, a parts supplier, and the retailer that sold the product, which often means more than one source of insurance coverage is available to compensate your family.
Workplace Accidents
When a person dies due to an unsafe work environment or negligence by a third party on a job site, the victim’s family may be able to bring a wrongful death claim against the parties responsible. Examples include construction accidents in Santa Rosa caused by a negligent contractor or subcontractor, exposure to hazardous substances, and industrial accidents affecting bystanders or non-employees at the site.
These wrongful death claims are distinct from workers’ compensation and typically apply when the person killed was a bystander, visitor, or non-employee rather than a worker covered by the employer’s workers’ comp policy. A third-party general contractor, equipment manufacturer, or property owner who created or ignored a hazardous condition on the job site can be held liable in a civil wrongful death action even where workers’ compensation would not otherwise apply.
Criminal Acts
If a person dies during the commission of an illegal act, regardless of whether the death was intentional or accidental, the victim’s family may be able to bring a wrongful death claim against the person responsible. Examples of criminal acts include assault and battery, homicide, and death resulting from unsecured firearms.
A wrongful death claim can move forward even while a related criminal case is pending, is still under investigation, or results in an acquittal, because civil liability only requires a preponderance of the evidence rather than proof beyond a reasonable doubt. This lower burden of proof means your family may still be able to recover compensation even in situations where a criminal conviction is not secured.
Who Is Eligible to File a Wrongful Death Claim in California?
Under California Code of Civil Procedure §377.60, a wrongful death claim can be brought by certain family members and dependents of the deceased. These include the deceased’s spouse, domestic partner, and children. If the deceased did not have any of these relationships, the claim can be brought by whoever would be entitled to the deceased’s property under California’s intestate succession laws, which often means parents or siblings. In some cases, the victim’s stepchildren, grandchildren, and other relatives may also be eligible to bring a wrongful death claim.
Under some circumstances, a non-relative may be able to bring the claim, as long as that person has an interest in the inheritance of the deceased. Additionally, the administrator or executor of the deceased’s estate may be able to bring a wrongful death claim on behalf of the estate.
What Types of Damages Can Be Recovered in a Wrongful Death Claim?
Damages are monetary awards granted to surviving family members to compensate them for their losses. In a wrongful death claim, damages may be awarded for both economic and non-economic losses, including:
| Economic Damages | Non-Economic Damages |
|---|---|
| Medical & funeral expenses — costs related to the decedent’s final care and burial or cremation | Loss of companionship — the loss of the decedent’s love, comfort, and society |
| Lost income & benefits — wages, benefits, and earning capacity the decedent would have provided | Loss of guidance — parental or household guidance the decedent would have given surviving children |
| Loss of household services — the value of work the decedent performed for the family | Pain and suffering — mental anguish and emotional distress experienced by survivors |
What to Expect After Filing a Wrongful Death Claim in Santa Rosa
Every wrongful death case moves at its own pace, but most Sonoma County claims follow a similar path from the first consultation to resolution:
We meet with you to understand what happened and review any available police reports, photos, or incident documentation.
Our team gathers evidence, consults experts when needed, and identifies every liable party connected to the fatal incident.
We present a demand to the responsible party’s insurer and negotiate for the full value of your family’s loss.
Most wrongful death claims settle before trial, but if a fair settlement isn’t offered, our attorneys are prepared to litigate at the Sonoma County Superior Court’s Civil and Family Law Courthouse on Cleveland Avenue.
Frequently Asked Questions
How long do I have to file a wrongful death claim in Santa Rosa?
What is the difference between a wrongful death claim and a survival action?
Can multiple family members file a wrongful death claim together?
Do I need an incident report or photos to support my claim?
Seek Justice and Closure with Setareh Law’s Santa Rosa Wrongful Death Lawyers
The loss of a loved one is an experience no one should have to go through, especially when the death was caused by someone else’s negligence. If you have suffered the loss of a loved one in Santa Rosa or elsewhere in Sonoma County due to negligence, you may be entitled to file a wrongful death lawsuit to seek justice and closure. Setareh Law is here to help.
At Setareh Law, we know that no amount of money can make up for the loss of a loved one. However, we are here to help you seek the justice and closure you deserve and to ensure that those responsible are held accountable. Don’t go through this painful and exhausting process alone. Contact us online or call us at (707) 289-9438 today to schedule a free consultation and learn more about your legal options.
