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Clovis Wrongful Death Attorney

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Attorney Michael Rehm — (800) 978-0754

Attorney Michael Rehm represents families who have lost a loved one due to another person's negligence in Clovis and eastern Fresno County. Wrongful death claims in California are governed by statute and require careful analysis of who has standing to sue, what damages are recoverable, and the procedural requirements specific to Fresno County Superior Court.

Who May Bring a Wrongful Death Claim

Code of Civil Procedure section 377.60 governs standing to bring a wrongful death action in California. The following persons may bring a claim: the surviving spouse or domestic partner; the surviving children; if there are no surviving children, the issue of deceased children; and, if there is no surviving spouse or issue, persons who would inherit under intestate succession laws, including parents and siblings. Whether a particular family member has standing depends on the specific facts and California's intestate succession rules.

Damages in a Wrongful Death Case

Code of Civil Procedure section 377.61 provides that in a wrongful death action the jury may award damages that are just under all the circumstances, including financial support the decedent would have contributed to the family, loss of gifts and benefits, the reasonable value of household services, and the loss of the decedent's love, companionship, comfort, care, assistance, protection, affection, society, and moral support.

Wrongful death damages compensate the survivors for their losses — not the decedent's losses. The decedent's own pain and suffering before death, and the decedent's medical expenses, are recoverable through a separate survival action under Code of Civil Procedure section 377.30, brought by the decedent's estate. Both a wrongful death claim and a survival claim may be filed arising from the same death.

Negligence Standard

A wrongful death claim requires proof that the defendant owed the decedent a duty of care, that the defendant breached the duty, that the breach was a substantial cause of the death, and that the plaintiff suffered damages. California Civil Code section 1714(a) establishes the general duty of care. The full text of Civil Code section 1714 is at leginfo.legislature.ca.gov. California applies pure comparative fault under Li v. Yellow Cab Co. (1975) 13 Cal.3d 804 — a surviving family's recovery is reduced in proportion to the decedent's own comparative fault but not eliminated.

Government Entity Claims

Where a government entity — the City of Clovis, Fresno County, or another public agency — caused or contributed to the death, the family must file a government tort claim within six months of the date of death under Government Code section 911.2. Failure to timely file can potentially bar the claim. Tolling may apply.

Filing a Lawsuit in Fresno County Superior Court

Wrongful death lawsuits arising in Clovis and eastern Fresno County are filed in the Fresno County Superior Court, B.F. Sisk Courthouse, 1130 O Street, Fresno, CA 93721. Electronic filing is mandatory for represented parties under Code of Civil Procedure section 1010.6(g). Fresno County Local Rules require ADR before the mandatory settlement conference and in-person attendance at the Trial Readiness Hearing the Friday before trial.

Statute of Limitations

The statute of limitations for wrongful death claims is two years from the date of death under Code of Civil Procedure section 335.1. Missing this deadline can potentially bar the claim. Tolling doctrines may apply. Contact Attorney Michael Rehm to assess the specific timeline in your case.

Related Pages

Attorney Michael Rehm handles wrongful death cases in Clovis and eastern Fresno County on a contingency fee basis. No fee without a recovery. Call (800) 978-0754 for 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.

Southern California Areas Served:

Phone: (619) 787-3456 Areas Served: San Diego, Vista, Chula Vista, El Cajon, Escondido, San Marcos, Oceanside, Carlsbad, Encinitas, El Centro, Los Angeles, Long Beach, Santa Clarita, Glendale, Lancaster, Palmdale, Pomona, Torrance, Pasadena, El Monte, Downey, West Covina, Norwalk, Burbank, Anaheim, Santa Ana, Irvine, Huntington Beach, Garden Grove, Costa Mesa, Riverside, Corona, Moreno Valley, Ontario, Rancho Cucamonga, San Bernardino, Santa Barbara, Santa Maria, Ventura, Simi Valley, Thousand Oaks, San Luis Obispo, Paso Robles, Temecula, Bakersfield, Clovis, and everywhere in between.

Bay Area Areas Served

Phone: (831) 431-0986 Areas Served: Santa Cruz, Aptos, Capitola, Watsonville, Salinas, Monterey, Seaside, Carmel, San Francisco, Oakland, Fremont, Hayward, Berkeley, Livermore, Concord, Richmond, Walnut Creek, Antioch, San Rafael, Novato, San Jose, Morgan Hill, Sunnyvale, Santa Clara, Palo Alto, Cupertino, Gilroy, Los Gatos, Napa, Santa Rosa, Petaluma, Fairfield, Vallejo, Vacaville, Dixon, Solano County, San Benito, Daly City, San Mateo, South San Francisco, Redwood City, Belmont, San Carlos, San Bruno, Pleasanton, Union City, San Leandro, Milpitas, Pittsburg, Danville, Rohnert Park and the entire Bay Area.

Northern California Office & Areas Served

2121 Broadway Unit 188860 Sacramento, CA 95818 Phone: (916) 233-7346 Areas Served: Sacramento, Elk Grove, Antelope, Citrus Heights, Carmichael, the friendly confines of Land Park, Folsom, Yolo, Woodland, West Sacramento, Davis, Placerville, South Lake Tahoe, Cameron Park, El Dorado Hills, Auburn, Roseville, Rocklin, Lincoln, Yuba City, Marysville, Wheatland, Colusa, San Joaquin County, Lodi, Manteca, Stockton, Tracy, Lathrop, Modesto, Turlock, Oakdale, Stanislaus County, Humboldt County, Arcata, Mckinleyville, Fortuna, Eureka, Butte County, Oroville, Paradise, Chico, Mendocino, Ukiah, Colusa, Shasta County, Redding, Calaveras, Yreka, Amador, Jackson, Lassen, Susanville, Plumas County, Quincy, Nevada County, Grass Valley, Nevada City, Truckee, Lakeport, Sonora, Madera, Crescent City, Trinity, and all of Northern California.

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